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rustyboxx

rustyboxx v Lloyds TSB ***WON***

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Hi all,

 

I've been lurking and swatting up for a while now and thought it about time I formally introduced myself.

 

I've been busy since joining and have progressed to the stage where I have lodged my claim using MCOL. The CAG forum has been invaluable in guiding me through the process of tackling my bank. The fact that I have not needed to ask any questions so far bears testament to the quality of the information, templates and advice available on the site.

 

I like, many others here, have received the £750 'nip it in the bud' payment and I am just about to send an amended rejection letter off. I did telephone them and rejected the offer straight away but they paid it in anyway. Do I need to inform the Court about this?

 

My claim date was 21/12/06 and Lloyds have until 9th January to respond. Having just checked the progress on MCOL and it appears that Lloyds acknowledged the claim on 29th December.

 

Well, that's the progress so far, I post up the progress as it happens.

 

Thanks for all the help so far, this forum has certainly given me confidence to take on the bank and I look forward to reporting another success story.

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rustyboxx,

 

I am in a similar situation to you - Lloyds have already credited my account with £750. (http://www.consumeractiongroup.co.uk/forum/lloyds-bank/55789-geek-loyds-tsb.html)

 

I will keep an eye out here too as I would be interested in any advice you receive!

 

Good luck...

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Just a little update.

 

Today I received a copy of the Acknowledgement of Service dated 29/12/06 and Lloyds typically intend to defend all of the claim and now have 28 days to file a defence (expires 28/01/07).

 

I guess the next step is to wait for the AQ to hit my doorstep.

 

Is there anything I should be doing in the meantime?

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Hi

It's just a matter of waiting really, although I would carry on having a good read on here, especially about filling in your Allocation Questionnaire, there is a guide in the library:

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

 

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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Thanks Barty, I'll have a look now. I'm thinking that I've done the easy bit so far and the hard work starts now :o

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Ok, I've just checked the status of my claim on MCOL and phoned their helpdesk and Lloyds submitted a defence on 16th January, well within the 28 days allowed. It has been allocated to my local court so I'm just waiting for a copy of thier defence and the AQ.

 

I'd better start photocopying now :grin:

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Well, my AQ turned up yesterday so I'm working my way through it. Seems easy enough having read up on the subject here :D

 

I do have a couple of questions though just to make sure I'm not missing anything.

 

I know I should send off the Draft Directions as part of the new strategy but should I include the Court ruling as per the now infamous Post 15 in Kazzaw's thread?

 

Is there anything else I should include in Section G apart from my estimated length of the hearing and the Draft Directions?

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You seem to have everything is order. I am a few weeks in front of you and was unsure whether to make any reference to Kazzaw too and did not.

 

We still do not know the outcome of Kazzaw, but we should know in the next few days. If your AQ is not due in yet, then I would hold onto it pending the outcome of Kazzaw - no doubt some of the wise fellows on this site will advise us the appropriate action.


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

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We still do not know the outcome of Kazzaw, but we should know in the next few days. If your AQ is not due in yet, then I would hold onto it pending the outcome of Kazzaw - no doubt some of the wise fellows on this site will advise us the appropriate action.

 

Good point. My AQ doesn't have to be back until 4th Feb so I'll hang on for a while and see what developes.

 

Thanks G

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Erm.....I have a slight hiccup with my schedule of charges. I had a quick look on Lloyds website and discovered that my Gold Service account has a interest free overdraft up to £100. Obviously this changes the claim totals and it turns out that my claim is actually higher.

 

Should I submit a revised schedule to the court with my AQ or should I just send it to them and SC&M with a covering letter before I send my AQ?

 

Oh, and as Lloyds sent me the £750 GoGW I should also include that too?

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Can you explain why the interest free overdraft would increase you claim totals? How much money are we talking about here, it cannot be much?

 

The AQ is not really the place to send a revised schedule of charges. Anyway think seriously before you revise it. If you revise it you will have to apply to amend your claim (£35 non refundable) and it may slow your claim down by a few months.

 

Barty has posted in thread 4 above the link for completing the AQ, however to speed things up you really need to complete as the New Strategy below:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

SCM should have picked up the £750 in their defence, but probably did not. You should really inform the court by letter of the payment, but I have not and I am bit further ahead of you.

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Hi Guido

 

I added in the £100 interest free OD facility in column J of the Complex bank charges spreadsheet and the interest on penalties total shot up by around £70. Add in the 8% interest and the total is over £90

 

I don't mind paying the £35 but I'm not keen on extending the process by months.

 

Thanks for the link, I've been keeping an eye on that thread ready to get my AQ sorted out.

 

If I don't bother claiming the extra £90, is this something I can add in to a new claim for charges levied on my account after I submitted my MCOL?

 

Thanks G

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If I don't bother claiming the extra £90, is this something I can add in to a new claim for charges levied on my account after I submitted my MCOL?

Yes. You can start again after this claim reaches its conclusion for any charges debited since the date of issue. It could also be worth trying to negotiate them into this settlement (if/when its offered), although SC&M don't often play ball in that regard.


Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Right, I'm just about finished getting my AQ stuff ready to take to the Court tomorrow ahead of the 4th February deadline. Just one question before I do though.

 

Has there been any firm direction on whether it is appropriate to send the following with the AQ?

 

In respect of my claim I would just like to bring to the attention of the Court details of a Judgement recently made at Lincoln County Court which orders the following:

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled." (dated 28th December 2006)

 

There is now a wealth of evidence that the Banks are reluctant to pursue any defence of the claims by their clients against unfair bank charges, thus wasting valuable Court time. Until they are in a position to reveal all to the courts, I would hope that the Honorable Judges at the Court would take note of this information in bringing a speedy conclusion to claims that they are dealing with.

 

ta, rusty

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I took my AQ to the court on Friday and paid my £100 to a very nice lady at the Court office. After that I phoned SC&M and being a reasonable chap asked them if they would like a copy of my AQ. Another nice lady said I could fax it over, which i did today.

 

I phoned SC&M a little while after to make sure they received it and to ask if they could fax their AQ to me. Unfortunately, I was confronted with the most objectionable, unhelpful and most miserable git in the company I think. I asked if he had received my fax and he said he would have to get my file. Obviously he refused to retrieve my file when I asked him. He insisted that I would have to wait for it to arrive in the post and that it would be sent at the same as the Court's copy of the AQ. When I informed him that the Court already had received a copy and that there was nothing delivered to me he insisted I would have to wait and would not fax it.

 

This guy was clearly working to rule despite my pleasantness. I asked for his name and he refused to give it. I then asked to speak to the manager and he said he was the manager. So, I asked to speak to someone above him and he said there wasn't anyone. WTF! Talk about a brick wall, quite how the Court's expect us to be able to reach any sort of agreement with these people before any court appearance beats me. Thankfully, I'm not inclined to start backing down :D

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Do not take any notice of them, this is why I never phone them, never mind the fact that SCM are part of Lloyds anyway.

 

Lloyds are (although a bit random) making full offers around this time (they did for me) but not including contractual interest or pre 6 years charges.


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

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Hehe, I can wait a bit longer, it's not me that's on the back foot :cool:

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I got a letter from SC&M today offering to settle my claim in exchange for me cancelling the court proceedings, not bad seeing as I still have a couple of weeks before my court bundle is due in. No unreasonable conditions were attached and things were looking good until I checked the settlement figure against my own claim amount. Oh, I just checked my bank account and the money was paid in a couple of days ago :eek:

 

I did my sums and the settlement amount includes all the charges, all the interest charged on the charges, the court fees and the 8% interest accrued from the date the court claim was lodged.

 

What it doesn't include is the 8% interest on the total claim amount detailed on the original court claim. This equates to over £500!

 

Its funny how you begin to question whether you have submitted a correct claim when things like this happen.

 

So, am I correct in thinking that Lloyds are obliged to pay the 8% interest on the total claim once the claim is lodged with the court irrespective of whether they settle or a judgement is ordered? Or have I got this horribly wrong and the 8% only applies on a daily basis after the claim is lodged with the court?

 

Obviously, I need to get this right and would very much appreciate a little bit of guidance and a link to a suitable template letter to reject/part accept the offer.

 

Ta very much.

 

Rusty

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If you claimed the interest on your claim form, you should insist on it in settlement - the cheeky beggers are trying it on. Tell them you won't withdraw your claim untill you receive a full settlement.

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Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Arghhh!!

 

Thanks for the reply Gary. I called SC@M and asked why the offer was short by £500 and I was told that although I had included the 8% Court interest on my claim in the PoC they would not be paying it because it wasn't included in the Amount Claimed box on the MCOL claim form.

 

Is this right, can they do that?

 

I popped into the Court to get an application notice to revise the amount claimed. It's gonna cost another £35 to submit this. Also, I have to get my Court bundle in by the 23rd March and I've had no time lately to prepare this.

 

I'm beginning to wonder if it is worth hanging out for the £500 or should I just cut my losses and accept the settlement offer?

 

If anyone can provide a speedy response I would very much appreciate it. It could be that I have a long night ahead of me :(

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Can anyone at all help?

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You have to make that decision yourself - you know the options and unless you pay the £35 amendment, Lloyds won't pay out the additional monies.

 

What they are telling you is correct - you filled in the total amount to claim which you made an error on. They paid what you asked for.


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Thanks Dolly, I very much appreciate your quick reply. I kinda figured Lloyds were somehow in the right and just needed confirmation. I can live without the extra £500, I'm just pleased I got the rest back.

 

All I need to do now is post these acceptance letters off to them and the Court and that's my claim done and dusted.

 

Incidentally, it might be worth updating the guidance here to draw other claimants attention to the fact that the S.69 interest must be included in the whole claimed amount. Having checked the guidance here for filling out the form it is not very clear, nor is it clear on the guidance from the Court. At least I won't make the same mistake twice :D

 

I'll have to PM a mod now to get my thread moved to the success pile.

 

Oh, and just to formalise the whole thing............

 

WOOT!! I WON!!

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Very happy for you - I know of a few others that has happened to as well so you are not alone.

 

Enjoy it :)


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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