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    • the property is not yours you are not on the deeds you are/were not ever on the mortgage..   stop trying to do their job in scamming you.        
    • Capital assessments are based on the:   amount or value of the asset at the time of the application outcome of checks carried out to protect against fraud As with income assessments the partner's share of the equity is included in these calculations - unless there is contrary interest. Just found the above in the law society website.  So am I screwed.  So confused.   
    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired.   For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   So no mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage   and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.    All it states is that the operator can pursue outstanding PCNs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say.   Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ] to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal.   Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative.   Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.   I have not looked much at your WS though it is looking good.   I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007.   that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations.   It calls into question their right to apply for motorists data from the DVLA.   I would wait for their WS to arrive so that you can pick holes in that too. however watch that if they are late that you send yours off just within the Court guidelines.   What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
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    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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donnalou

donnalou vs lloyds tsb

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right got my prelim letter ready to go but i need to know as im unsure about schedule of charges ???

i might look thick but id rather know what im doing and do it right

so do i just make a list of dates i was charged and the amounts or do i send copies of statments with charges highlighted or am i completely wrong lol

i have online banking facility and can print off the copies myself so no worries about them saying theyve lost them as i can produce more

 

thanks

donna

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Hi Donna,

 

Firstly don't worry at all about having to ask questions. It's much better to ask and double check than to rush in and get it wrong.

 

Check out the Bank Templates Library and within this you will find the Interest Calculation Spreadsheets where there are several spreadsheets available. Or if you follow the link to Vamp's Chamber of Spreadhseets you will find goggle spreadhseets. Using the spreadhseets is the best way of providing a schedule of charges and it calculates the total for you as well.

 

Good luck with getting started and don't worry if you need to ask more questions - everybody has either gone through or is going through the same process as you and will help if they can.

 

Lucid :)


Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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hiya lucid

thanks for the advice its appreciated

i have done the calculations and the amount taken over the period of 4 and a half years is 3282 without the 8% intrest which i understand isnt added on unless it goes to court

its just im unsure what to send with my prelim letter i know its schedule of charges but what is it exactly?

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Hi Donna,

 

If you have used he spreadsheet you can print off the page which lists the charges in date order and totals them up, and this would be a schedule of charges. Or if you haven't you can make your own schedule. All it needs to be is a clear list of every single charge you have received beginning from the earliest and working down. The information you need to include is the date you received the charge, the description of charge (eg. Overdraft Excess Fee, Unpaid Standing Order etc.) and the amount of the charge. The spreadhseet totals each charge as it goes along so it makes it very clear how the overall total is arrived at, but as long as you produce something that is clear and correct you can't go wrong. If you do make your own schedule then make sure that your name, the bank's name, your account number and sort code are marked clearly on the top of the page.

 

Lucid :)

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Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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thanks lucid

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hello donnalou, thanks for your comments on my thread, it is true that one bit of misfortune can completely mess up your finances, for ever it seems...but keep going, I have just won against the Halifax, an amazing feeling, indescribable! Using this money I have just, this very moment written cheques paying off my credit cards/ store cards. never to be used again. whilst looking through the cc statements I noticed a few late payment charges! so here we go again.. I am taking on the TSB at the moment aswell. Good luck to you , and wishing you a happy and prosperous new year:p

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If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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thanks darling

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prelim and schedule done ready to send off today

here i go :p

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Good luck Donna. :)


Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Hello,I joined here last night,sorry but I'm a newbie to message boards/chat rooms so not quite sure of the protocol so I apologise for butting in...its just a query I have.I am a self employed maternity nurse,I do not have a business account with Lloyds(customer for 30 odd years) just an ordinary Gold Service account,as I'm self employed I,fortunately have statements going back for the last 7 years so do not need to write to Lloyds to ask for records but what I'm unclear about is what charges exactly can I claim back eg. unauthorised overdraft charges,I've looked at my early statements and there are different charges...sorry but I don't know which ones I should be totalling,many thanks for any answers to my query,much appreciated and sorry again for interrupting your conversation,I'm sure I'll get the hang of it in the end.

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Hello,I joined here last night,sorry but I'm a newbie to message boards/chat rooms so not quite sure of the protocol so I apologise for butting in...its just a query I have.I am a self employed maternity nurse,I do not have a business account with Lloyds(customer for 30 odd years) just an ordinary Gold Service account,as I'm self employed I,fortunately have statements going back for the last 7 years so do not need to write to Lloyds to ask for records but what I'm unclear about is what charges exactly can I claim back eg. unauthorised overdraft charges,I've looked at my early statements and there are different charges...sorry but I don't know which ones I should be totalling,many thanks for any answers to my query,much appreciated and sorry again for interrupting your conversation,I'm sure I'll get the hang of it in the end.

 

Hi and Welcome :)

Firstly you should start up your own thread, go to: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/ and click on the New Thread button.

Any questions etc you can ask on there and you can keep a check of yout timeline and progress.

You can claim back:

O/d usage fees

unpaid chq charges

unpaid dd charges

unpaid so charges

o/d excess fees

there are probably others, these are the ones on my statements.

You can not claim back services charges, eg a monthly fee for your Gold Account as this a legitimate charge.

Hope that helps for now.

Good luck!

Barty:)


I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thank you,Barty,yes,I have posted on the same message where you told me to go,but I've made a note of the charges and I'll be checking my statements,Thank you so much,I'm sure I'll be living on here over the next few months as I'd like to research it thoroughly before proceeding any further.

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got my reply to prelim letter the usual sorry you are unhappy blah blah blah

sending letter before action letter off today

will keep you all posted

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well no reply from lloyds 14 days are up tommorrow

do i just got to court without further notice to them and get my n1 form and pay fee or do i send them a letter telling them ????

 

just checked out pdf of n1 form do i have to have a solicitor ???? as it asks for solicitors details and charges

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File your N1 tomorrow, not further letters required.

 

No you do not need a solicitor, just leave the solicitors fee box blank on the N1.

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If I have been helpful please click on my star and add a comment.

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thanks guidot

will get the form today

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In case you are not aware, you can download the N1 from here and the instructions for completing are here too:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html


If I have been helpful please click on my star and add a comment.

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oh ok so does that mean i can print it off from home and just go to the court and hand it in with my fee ? i understand i need3 copies one for court one for the bank and one for me along with 3 copies of the schedule

im having problems opening the spreadsheets to calculate the interest i dont have excel or works is there another spreadsheet i can use ?

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As you say just print off and hand in or post to the court. 3 copies is correct.

 

Here is a free alternative to Excel, not sure how this would work the spreadsheets though:

http://download.openoffice.org/2.1.0/index.html


If I have been helpful please click on my star and add a comment.

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thanks

will keep you all posted

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well i have had a deposit of £750 today no letter no nothing they will have recieved court papers this morning i wonder if they thought oh here we go lets see if this one will take the money and run

ha ha ha well letter in the post tomorrow saying thanks for the part payment i look forward to the rest :)

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i have had allocation questionaire this morning ive got till the 5th april to submit they have put in defence

 

in the other information part do i say that the bank has paid me £750 even tho i have put it in writing already to the court ?

 

also once the quetionaire is returned how long will it be before court date is set or will they pay out soon after it is sent before the hearing ?

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Hi

I don't think you need to mention in the "other info. part" about the £750.

These links should help you with your AQ:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Then it all depends how busy your local Court is to when you will get a Court date or Lloyds may pay up before you get a date, there is no set pattern to when they settle really.

Barty:)


I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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thanks for that barty ive missed it off anyways as they have had the letter confirming part payment

lady at the counter reckons june/july for date she reckons its quite busy

just out of intrest do you know what would happen if they didnt send aq back on time or at all?

anyway donation given soon if all goes well :)

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