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      If you do get a letter of Claim and or Pre Action Protocol pack 15. Where there has been non-compliance with a pre-action protocol or this Practice Direction, the court may order that (a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction; (b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction; (c) sanctions are to be applied. 16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include— (a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties; (b) an order that the party at fault pay those costs on an indemnity basis; (c) if the party at fault is a claimant who has been awarded a sum of money, an order depriving that party of interest on that sum for a specified period, and/or awarding interest at a lower rate than would otherwise have been awarded; (d) if the party at fault is a defendant, and the claimant has been awarded a sum of money, an order awarding interest on that sum for a specified period at a higher rate, (not exceeding 10% above base rate), than the rate which would otherwise have been awarded. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct   .

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Spreadsheet of Settled Claims

mcuth

By mcuth
in Historic Bank Claims

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mcuth

mcuth

Posted
Posted

The Excel spreadsheet that was originally posted here has now been superceded by this page. Please see that page to obtain lists of settled claims.

 

Cheers

 

Michael

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aqua2

aqua2

Posted
Posted

It seems in each case, the bank use the 30 day settlement option to delay things, would it be worthwhile using this list to request the judge not to allow the 30 days?

Read, Read and Read some more.

 

The answers are all out there...

 

By the way, it's your claim. I only offer an opinion as another reader. :confused:

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mcuth

mcuth

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It seems in each case, the bank use the 30 day settlement option to delay things, would it be worthwhile using this list to request the judge not to allow the 30 days?

 

You mean when the judge orders a stay pending settlement?

The spreadsheet's designed to go along with the application to remove a stay, as detailed in this post:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

(thinking on, I'll add a link into the first post here....:) )

 

Thanks for the kind comments btw folks, didn't want you thinking I was being ignorant :D

 

Cheers

 

Michael

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Memnoch

Memnoch

Posted
Posted

Mcuth, just a thought but it would be really helpful to myself to add an extra column to say what type of interest th case has been settled with.

 

ie Statuary, Authorised O/Draft Contractual, UnAuthorised Contractual.

 

Just a thought what do you think ?

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mcuth

mcuth

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Mcuth, just a thought but it would be really helpful to myself to add an extra column to say what type of interest th case has been settled with.

 

ie Statuary, Authorised O/Draft Contractual, UnAuthorised Contractual.

 

Just a thought what do you think ?

 

I'm afraid that'd be impossible to state unless people started reporting it in their litigation posts, sorry. Besides, previous claims being settled outside court with Contractual Interest (authorised or unauthorised) wouldn't have any impact on future claims being settled on the same basis.

 

Cheers

 

Michael

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Memnoch

Memnoch

Posted
Posted

I was thinking along the same lines, if people start stating if they won with Contractual Interest, it may help others that are going for contractual interest.

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mcuth

mcuth

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Could this not be used to sway the judge to strike out the defence, as, all the cases have had a defence submitted but all settled before a hearing.

 

I was thinking along ther lines of the Lincoln judge where he said they were abusing the court system

 

Absolutely you can use this list of claims for something like that - abuse of process, where it's clear that the banks are using the court system as a "delaying tactic", etc... and showing that they've settled X cases without intending to step into a courtroom to defend them :)

 

I was thinking along the same lines, if people start stating if they won with Contractual Interest, it may help others that are going for contractual interest.

 

The only way I could see it helping is from a morale point of view to other CAG members.

As far as the courts are concerned, when a case is settled out of court, it's just that - a settled case - and the court isn't concerned about the arguments used within the case. Now, if there was a case actually heard and won, then there would be a reason to bring the detail of that case before the court.

 

Cheers

 

Michael

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  • 2 weeks later...
Trucker

Trucker

Posted
Posted

Perhaps i am being thick but i can't open the files. I take it that xls is an excel document(i don't have excel) but lit.settled is a word document but it opens with a load of strange characters and no word format.

 

Trucker

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mcuth

mcuth

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Perhaps i am being thick but i can't open the files. I take it that xls is an excel document(i don't have excel) but lit.settled is a word document but it opens with a load of strange characters and no word format.

 

Yes, the xls file is an Excel document - if you don't have Excel (or a version of OpenOffice that can read Excel2002 files), then you won't be able to view it unless you have Microsoft's Excel Viewer installed.

 

As for the .doc file, it is not an actual Word document - it's just the Excel file renamed. As I wrote in the first post:

 

"lit settled.doc - the spreadsheet renamed - if you haven't got any "zip" software, just save this to disk and rename it to lit settled.xls

 

The forum software doesn't allow me to upload an Excel file (or at least, a filename with a .xls extension), so I simply changed the extension to .doc so it could be uploaded. This way, those that might not have any unzipping software to extract the spreadsheet from the zip file, can just save the file to disk and rename it. I'll make this a little clearer in the first post of this thread.

 

HTH

 

Cheers

 

Michael

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nettyg

nettyg

Posted
Posted

you are something else mcuth... i'm just here learning all i can. just won 6k relatively easy (few hiccups on the way) and eager to help others, but with a lot more knowledge than i've got already.

If i've been helpful in any way....then tip my scales over there!

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mrincredible

mrincredible

Posted
Posted

Excellent! I have a feeling this spreadsheet will come in handy. 2 days left til my 14 days are up since I sent Lloyds my LBA...

Lloyds TSB

03/02/07 Sent S.A.R - (Subject Access Request)

15/03/07 Received statements (exactly 40 days after SAR)

15/03/07 Sent Prelim

21/03/07 Received standard response ack. Prelim

29/03/07 Sent LBA

 

Halifax

15/03/07 SETTLED

Partial Settlement (75% of claim)

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  • 2 weeks later...
witchywarloc

witchywarloc

Posted
Posted
This is an Excel spreadsheet of all settled charge-related claims as posted in the Litigation Concluded forum, with the exception of posts that didn't have a case number. It contains an "autofilter" which can be used to show cases for one particular Defendant. One suggested use for the spreadsheet is to accompany an application to have a stay removed (as detailed here).

 

If you don't have Excel (or a version of OpenOffice that can read Excel2002 files), then you won't be able to view it unless you have Microsoft's Excel Viewer installed.

 

There is 1 attachment to this post - lit settled.xls

 

Updated 18th April - spreadsheet now available in Excel format - number of claims is now 591 - total value in excess of £1m!

 

Cheers

 

Michael

 

 

Just a point about the settled claims - would it be to our advantange to put in some other dates eg date settlement offered, date paid etc

 

might be able to work a pattern and the judges would clearly see that even if they enter a defense there is a timescale /

If I have managed to help you in anyway then please click my scales

 

:eek::evil::-D

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mcuth

mcuth

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Just a point about the settled claims - would it be to our advantange to put in some other dates eg date settlement offered, date paid etc

 

might be able to work a pattern and the judges would clearly see that even if they enter a defense there is a timescale /

 

Hmm, not sure about just how helpful that would be since the courts only have to look up the case number on their computer, and we're simply providing an indication of how many cases that the bank has settled.

 

Remember that the spreadsheet is simply data taken from the Litigation Concluded forum, and it's hard enough getting people to a) report the date that the case was issued, and b) PM a mod with their case details for inclusion in the first place! (I believe that the number of cases from the Litigation Concluded forum is only a fraction of the total number that actually get issued) :)

 

Cheers

 

Michael

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fr0gg3r

fr0gg3r

Posted
Posted

Would it be possible to use this spreadsheet to apply for costs as the bank are behaving "unreasonably" by forcing the litigant to waste a lot of time and outlay more of their hard earned cash to persue the return of the litigants own money unlawfully taken in the first instance???? Possibly show the court that the banks are meerly abusing the court service in order ro "scare" people off claiming. I'm sure, as you's are also aware, there will be many who only have a few charges and simply don't justify the time and expense to recover them, considering the fact that applying for costs is generally speaking a no-no.

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mcuth

mcuth

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Would it be possible to use this spreadsheet to apply for costs as the bank are behaving "unreasonably" by forcing the litigant to waste a lot of time and outlay more of their hard earned cash to persue the return of the litigants own money unlawfully taken in the first instance???? Possibly show the court that the banks are meerly abusing the court service in order ro "scare" people off claiming. I'm sure, as you's are also aware, there will be many who only have a few charges and simply don't justify the time and expense to recover them, considering the fact that applying for costs is generally speaking a no-no.

 

Indeed, you could use it in support of a request for costs - you're probably better off looking at this thread though, I know it's Lloyds, but it's a claim for costs based on the bank's unreasonable behaviour :)

 

Cheers

Michael

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  • 3 weeks later...
mcuth

mcuth

Posted
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Hi

 

Sorry for not updating you earlier.

The date range of the spreadsheet covered all the posts in the "litigation concluded" forum (as was) from the start of that forum. However, that forum has now been superceded by this page, where you can get all the details of concluded cases.

 

I'll update the first post on this thread with a link to the new page, and then close the thread, as the spreadsheet is now redundant.

 

Cheers

Michael

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