Lucy V Lloyds ***WON***

[Elmo South]

I'm helping my partner reclaim charges from LLoyds TSB and also giving them a good kicking via the Ombudsman about several other matters.

 

So far we have:

calculated charges & asked the bank to repay them;

Bank refused saying all charges were fine & dandy.

Wrote to bank giving final chance; no response.

Added interest at the bank's unauthorised overdraft rate, filed a claim at MCOL,

Claim acknowledged.

Letter from bank saying although charges were all legal, above board & reasonable they would repy £750.

Next day, copy of court defence received stating that bank believed everything was OK &legal & no paymnet was due.

Hmmm left hand obviously not aware right hand is handing out £750.

 

From reading posts on this website & penaltycharges .co.uk. this all seems to be following a standard pattern so things are looking good.

 

Just a note for anyone who is getting a bit downhearted fighting the banks.

DON'T GIVE UP - my complaints to the Ombudsman have been going on nearly 2 years but I am now winning & showing they have consistentkly lied.

 

Elmo South

[Janet-M]

Hi and welcome

you seem to know exactly what you are doing

Please keep us informed on your progress

I will move this thread into the LLoyds forum for you

[Elmo South]

Wow Janet, that was a quick post!

I wasn't sure how to get my thread in the correct Forum - are there any idoit guides please ?

 

I have read a lot before starting the claim & I don't think the importance of this can be emphasised enough.

 

We have got the A/Q form N149 & the Court has already allocated this to my partner's local court. We have until 26 Feb to file.

 

I've just read the instructions about completeing the A/Q Form N149.#The only problem bit will be Section G. I've copied the wording about Small claims & standard disclosure OK.

Is it worth putting in any refernce to the Orders made by Judge Tooms in Lincoln & "respectfully asking the Court to consider striking out the defence" etc?

 

Do we need to send copies of the charges & interest schedules to the Court or the defendants at this time? The bank have had a copy of the charges but not the compound interest schedule.

 

Thanks

Elmo South & Lucy

[Janet-M]

I can't call it an idiot guide or I will be in trouble but here is the guide you may be refering to

Is it worth putting in any refernce to the Orders made by Judge Tooms in Lincoln & "respectfully asking the Court to consider striking out the defence" etc?

No not at this point as they have done everything they should so far haven't they ?

 

Do we need to send copies of the charges & interest schedules to the Court or the defendants at this time? The bank have had a copy of the charges but not the compound interest schedule.

Yes send both of them to both , but you should also of sent it at each stage

[Elmo South]

Have just read the New Stratergy for AQ thread & will be submitting the draft order for directions. The AQn has to be in by 26 Feb

I'm also looking at the Court Bundle.

Am I correct in thinking I just need to insert our details & index and then I can print off the rest of the Court Bundle ie the Cases etc referred to?

Do I need to go to the "outside" links & print off the information there too?

[BARTY]

Have just read the New Stratergy for AQ thread & will be submitting the draft order for directions. The AQn has to be in by 26 Feb

I'm also looking at the Court Bundle.

Am I correct in thinking I just need to insert our details & index and then I can print off the rest of the Court Bundle ie the Cases etc referred to? Yes, also your statements with charges, any letters between you and LTSB, your latest schedule

Do I need to go to the "outside" links & print off the information there too? Yes.

 

But wait 'til you get your court date with directions to submit your evidence before printing it all off, just in case.

Good luck!

Barty:)

[Elmo South]

Thanks Barty. Will do, just wanted to get clear in my head what needed to be done so I didn't panic.

 

Have just printed off all pages to go with AQ.

Off to the court tomorrow

[Elmo South]

Handed in the AQ on Thursday last with schedules of charges & interest & request for direction per Bank Fodders thread "New Stratergy on Allocation Questionaires".

Saturday morning received notification of Hearing Date first week in May, but nothing was mentioned about the direction that we had suggested.

Has anyone else had this? Does the Judge have to issue a Direction? Can we query why he didn't do anything?

[GuidoT]

That was very quick turnaround by the court.

 

No the judge does not have to issue it, sometimes it is ordered, sometimes it is not. The judge has not issued it for me - yet.

 

You should post up the entire hearing order so that we can see what other directions it contains (if any).

[Elmo South]

The only other thing the order contains is instructions that the court bundle must be provided to the court & the other party at least 14 days before the hearing & that original documents must be taken to the hearing.

 

Is it usually the judge that reviews the A/Q that will hear the case (if it gets that far)?

[GuidoT]

This is a good preparing for court link:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

It can be a different judge.

[Elmo South]

Shame it isn't always the same ju8dge as the one who reviewed the A/Q is very nice, doesn't suffer fools gladly & takes great exception to being messed around in her court!!!

[Elmo South]

Rang SCM to see if Lloyds were going to pay up before court. Spoke to a man who said they were writing out on all cases with late April court dates. We should here soon as Court date is early May. He said if claim was just charges & interest on claim it would be paid.

Later spoke to a lady who said she couldn't find the schedule of charges we had sent & wouldn't comment when I referred to earlier phone call.

 

Hand delivered a copy of "missing" letter to SCM.

Will await their response as there is not long untill court bundle needs to be submitted.

 

Can anyone tell me, do we deliver the bundle to Sechiari Clark Mitchell,the solicitors, or to Lloyds TSB as they are the defendant? (I know we have to send a copy to the court as well).

[BARTY]

Hi

You need to send it to the Solicitors, SC&M.

Barty:)

[Elmo South]

Thanks Barty.

 

We'll deliver it by hand - it means we can leave it later than they can to send by post!!!!

 

 

[Elmo South]

I know this seems a bit of a div question, but the OFT link in Bookworms Court Bundle refers to Credit Card charges. Is it relevant to bank charges as well or do I not include this?

[BARTY]

Hi

It's up to you, I would include it if it was me.

Barty:)

[Elmo South]

Rang SCM earlier today to see if anything was happening. Man I spoke to said he would get someone to ring me - he hoped this would be within 48 hours. Doesn't appear they are rushing to actually do anything.

 

Have now completed court bundle.

[nicsussex]

Doesn't appear they are rushing to actually do anything.

 

No change there then

[Elmo South]

Court bundle to SCM by Special Delivery, copy to court by hand. No phone call from SCM - presumably they're busy with their court bundle for us (l.o.l.)!!

[Elmo South]

Rang SCM last week, they are "very busy" (shame) & will ring back with 48 hours.

Did not ring back.

Rang SCM this week, complained about not ringing back - explained their time limit to serve documents had expired, we were happy to go to court. What did they intend to do?

They will ring back next day.

[Elmo South]

SCM actually rang back.

I asked what they intended to do.

 

They said they "had no instructions from their client at the present time" However they "did not dispute theschedule of charges" but "did dispuet the interest being claimed at the contractual unauthorised overdraft rate".

 

If their client was to make any offer it would be on the basis of interest at statutory 8%. If not they may proceed to a hearing.

 

As their defence was against the whole of the amount including interest, but the bank have already paid £750, could they go to court & argue only about the interest? Or would we be able to question them about the charges & costs too?

 

Additionally,if we decline any offer they make because it only has interets at 8% is there a chance we could get the full amount in court or is there a chance that the Judge could agree only the 8% and award costs against us becasue the Bank had already made an offer?

 

Any comments/opinions or links to relevant threads greatfully received.

Court date is 2 May.

[GaryH]

If you are offered the charges + 8% then my advice would be to take it. IMO its highly unlikely that the judge would award anything other than the statutory rate, and in fact I am not actually aware of any substantiated legal basis for the claiming of contractual interest.

 

Further, Lloyds barrister has indicated to one of our users that they now intend to defend CI claims in court, so if you choose to pursue you need to be fully prepared that this may happen.

 

See this thread if you haven't already -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

[Elmo South]

Letter from SCM received 28/04(dated 24/04) !!

Offering charges + 8% int to court date + court fees. Says that if you accept this in full & final settlement to ring them immediately - funny its now all become urgent as court date is 2/5!!

Also says that if we still intend to claim Contractual Interest, they will defend this in court.

I wonder how they would do this as they have no documents to refer to.

 

Do we insist that cleared funds are paid into the account/made avaiable before the date of the hearing? Other wise I could see the bank stringing out payment if they haven't got the threat of court hanging over them.

We will also be asking them to cover all the additional expenses as the have acted unreasonably.

 

Can we still go to court if the don't pay up before the hearing, and obtain judgement on the grounds that the Judgement would be "forthwith"?

[Elmo South]

My partner rang SCM this morning at 9.00 in response to their letter. She was told "They're all very busy" (wonder why) Could she ring back in an hour.

She rang back after a few minutes & gave her mobile number & told them to ring her to discuss teh offer. Asked if there were any conditions & would she get the money befor the hearing?

 

Surprise surprise no one has rung back!!!