donnalou vs lloyds tsb

[donnalou]

ive been on the phone to scm this morning asking for their bundle as i should have recieved it 28th may they say i dont get a copy of their bundle and they have not recieved letter that states they need to have it with the court by the 28th and me also

ive told them im ringing court and going down the route of non compliance

[elsinore]

Subscribing

 

Els

[donbracho]

subscribing

[kennyh]

subscribing - I'm only just beginning my first brush with SCM

[donnalou]

got a letter from sc&m saying that £3331.12 is going to be deposited into my account within next 5 workinng days inclusive of intrest and fees

 

so basically I WON !!!!!!!

I MADE £180 MORE THAN WHAT ID ASKED FOR WITH THE INTREST SO IM HAPPY AND A DONATION WILL BE SENT

 

 

good luck to all still fighting and thanks to all that have helped me xxx

[elsinore]

CONGRATULATIONS!!

 

Well done, donnalou!

 

Els

[Muffintop]

Lol, Donna I am also tempted to reply in triplicate.

I would not deface original documents by highlighting them. Legal people do not like things like that, bad enough that photocopies are presented. Ideally if this comes to trial suggest you also take the originals.

Kevin got beat on both points which Lloyds raised in defence:

(1) Fatally he agreed he did NOT breach his contract. At a stroke Dunlop v Garage precedent was unuseable, i.e. that it is unlawful for the charge to make a profit. Your T&C

and all other efficacious Lloyds T&Cs found by CAG need to go into the bundle to support the argument that the charge arose from a breach of contract not as a service fee.

You cannot submit a telling argument unless supported by clear evidence.

(2) Proceeding on the basis as they did that the charge was a service fee, well it is lawful for a service fee to make a profit. Your roof contractor makes a profit, your dentist makes a profit, your solicitor makes a profit (and how).

Kevin struggled to prove the charge was unfair for being too high, and fatally admitted the Lloyds charge level was standard nationwide. Judge Cooke took the view that a prevailing market price was NOT unfair.

Kevin was unable to display Lloyds inhouse costings to reveal the revolting level of profit builtin. CAG found Cynthesys costings from the Northern Bank group at £2, but this was obtained by a covert inside plant, without confirmation from the owners of the document. Not sure if this was a photocopy or a spy camera film. Either way not sure if such uncertain evidence would be admissible in court. For my money the best argument available at the mo would be

to print off and add into your bundle the Dublin banks T&C which I have provided earlier, to show by contrast the £3 charge accross the water,

and dare Lloyds to expose their inhouse costings, why they charge tenfold the price next door.

The defendant may now point out this £3 charge is available in Dublin but not in the UK, so is irrelevant for assessing market reasonableness.

I would suggest in rebuttal that there is evidence of cartel pricing, of collusion between all UK banks to keep prices artificially high. Allied Irish Banks which charges £3 in Ireland, charges £20 in England for the same thing. I suggest it is 99% probable that both charges would be generated by the same AIB IT system in Dublin. However proving cartel collusion would be a major legal effort probably involving truckloads of paper evidence, but just bringing the point up would make the point that the £30 level has only been artificially kept high as market price within a small island, until such time as cross-border banking inevitably drives down this price to match Dublin.

I understand Kevin enclosed photocopies of all the Acts and Regulations quoted, and was commended by the judge for doing so.

Mistermind are you staying above not to use dunlop v garage case in the bundle?

[BARTY]

Congratulations!! :D

Barty:)

[nicsussex]

Excellent news - well done!

[donnalou]

thanks

[christinajanep]

congratulations on your win

[GuidoT]

Nice work, there is a letter in the link below to inform the Court of settlement, once you have received payment:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

 

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