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sheppie D v Lloyds


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Hi Caro. Long Time

I received a defence and letter from Lloyds' solicitors.

I also contacted my county court and they informed me that the court

has stayed all claims until the decision to be made in Dec.

 

Below is the correspondence I received after Filling my claim with the court:

 

SECHIARI, CLARK & MITCHELL - SOLICITORS

Department SO, PO Box 499, Upper Ground Floor, 1-5 Queens Road Quadrant, Brighton BN1 3XJ

Telephone: 01273 205381 Fax Number: 01273 745356 DX: 36675 Brighton 2

Our Ref Wednesday, 19 September 2007

Strictly Private & Confidential

xxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxxx

Dear Sir / Madam

In the ********** County Court

************* -v- Lloyds TSB Bank plc

Claim Number: **************

We have acknowledged receipt of your above claim and issued notice of intention to defend it.

Lloyds TSB believes that its current account fees and charges are clear and represent a fair charge for a banking service that is valued by its customers. However, Lloyds TSB (along with other major UK banks) has now become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to unauthorised overdraft charges. We believe this 'test case' will resolve the legal issues about the fairness and legality of these charges.

We intend to ask for any court cases dealing with these bank charges to be postponed ('stayed') until the banks' proceedings with the OFT have been resolved. As a result, your case is likely to be put on hold until the outcome of this test case is known. We or the court will be contacting you about that soon.

During the legal proceedings between the banks and the OFT, the Financial Ombudsman Service has decided to put all investigations concerning the fairness and legality of unauthorised overdraft charges on hold, until a decision has been made by the courts. Similarly, Lloyds TSB has asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect customers' rights.

We will keep you updated about the proceedings with the OFT as soon as we are able to do so. You can also check the latest position on Lloyds TSB's website, Welcome to lloydstsb.com. As a general matter, Lloyds TSB will ensure that your claim will not be adversely affected by the stay of your court proceedings.

Once the legal proceedings between the OFT and the banks finish, Lloyds TSB will try to resolve your claim as quickly as possible applying the principles established in that case.

Please do keep all your documentation as you may need it following resolution of the test case.

If you have any questions, please contact us on the above telephone number. Your faithfully

Sechiari Clark & Mitchell

This firm is regulated by The Law Society Form 1007A 01/06

 

 

 

IN THE **************** COUNTY COURT BETWEEN:

*****************************************

and

LLOYDS TSB BANK PLC

 

Claim No:

Defendant

 

DEFENCE

1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office

is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has

been a customer of the Bank at all material times. >

2. By opening an account with the Bank, the customer enters into a commercial

arrangement with the Bank for the provision of banking services. The Bank is

entitled, as part of that arrangement, to charge for those services. At account

opening a customer is provided with details of the Bank's charges, currently in a

leaflet a guide to our banking charges. By using the account, the customer

acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards

ATMs (cash machines).' .

3 By maintaining the account in credit, or within any limit agreed with the Bank,

the customer may avoid most if not all charges. If the customer fails to ensure

that there are sufficient cleared funds in the account to cover payments,

whether by cheque, debit card, standing order or direct debit, the customer

makes a request for a payment to be made from the Bank's own funds. If the

Bank makes payment, or returns the payment, it provides a. service as specified

in the leaflet and makes a charge in accordance with the terms of the contract.

On page 1 of the leaflet, the Bank explains that "there are normally no charges

for everyday banking at Lloyds TSB when your account is in credit.

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.

If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead".

 

 

 

 

There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss.

5. The customer is given advance warning of charges being imposed; statements

show the charges, if any, the customer has incurred during the course of a

month, and which will appear as debits on the following month's statement.

Customers are warned by letter when they go overdrawn or over their agreed

limit without arrangement with the Bank. If the customer fails to remedy the

position, and payments such as standing orders and direct debits are refused

then again the customer is warned by letter.

6. The charges are fair and reasonable, and it is denied that they are unlawful.

7. The customer is notified of the charges in plain intelligible language at the

conclusion of the contract, and on each monthly statement. The charge are

terms which relate to the price payable by the customer for a service provided

by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer

Contracts Regulations 1999, are not subject to the assessment of fairness.

8. In the premises:

 

8.1 the charges are for banking services, and are not damages nor a penalty;

8.2 the Bank is entitled by contract to impose the charges, which are fair and

reasonable;

8.3 it is denied that the charges are unlawful or contravene any statute or

regulation.

9. The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

 

Statement of Truth

The Defendant believes that the facts stated in this Defence are true. I am duly authorised by the Defendant to sign this statement.

 

Signed:

Full name: Joanne Storey Team Leader for the Defendant.

Served 19™ day of September 2007 by Sechiari Clark a Mitchell of Department SO, P.O. Box 499, Upper Ground Floor, 1 - 5 Queens Road Quadrant, Brighton, East Sussex, BN1 3XJ: Telephone 01273 205381: Fax 01273 745356: Reference

Solicitors for the Defendant.

 

My People are destroyed for lack of Knowledge!! [sIGPIC][/sIGPIC]

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Standard stuff at the moment then. The test case is due to be heard in January, but if there are appeals etc it's anyone's guess how long before cases are settled.

 

Still, it'll be nice when people do get the money, and in the meantime just enjoy your gorgeous family and Happy New Year to you. God Bless.x

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

I have just received a letter from lloyds' solicitors saying that have applied for a stay with my local county court. A paragraph in the cover letter reads;

 

"In light of the above, we have today written to the Court to asking for a ‘stay’ (postponed) of our claim until the resolution of the banks’ proceedings with the OFT. As a result, we would be most grateful if you would confirm, in writing to us and the Court, whether or not you are in agreement to a stay of these proceedings."

 

Is there a standard letter I can use to respond to this.

 

Many Thanks

My People are destroyed for lack of Knowledge!! [sIGPIC][/sIGPIC]

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As the test case is being heard at the moment I see no need for your case to be delayed. Admittedly it is highly unlikely to be resolved quickly, but I think it safe to say that we should work on the assumption that as it is being heard now, and should be resolved before your case would be heard anyway.

 

At the moment I'm not on site much as you know and not sure of the standard advice, so I'm reporting your post so that other members of the team can check my post and let you know if there is any better advice being offered.

 

Good luck Sheppie

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I also contacted my county court and they informed me that the court has stayed all claims until the decision to be made in Dec.

 

I have just received a letter from lloyds' solicitors saying that have applied for a stay with my local county court. A paragraph in the cover letter reads;

 

"In light of the above, we have today written to the Court to asking for a ‘stay’ (postponed) of our claim until the resolution of the banks’ proceedings with the OFT. As a result, we would be most grateful if you would confirm, in writing to us and the Court, whether or not you are in agreement to a stay of these proceedings."

 

Is there a standard letter I can use to respond to this.

 

Many Thanks

There's hardly any point if the courts have stayed it anyway. :-? :-? :-? Seems to me the solicitors are not even aware that your case is already stayed. Dumbasses. :rolleyes:

 

Call the court and double-check with them that your case is still stayed, if it is, I wouldn't even bother answering them if they can't be bothered doing their job properly, tbh.

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Well, guess what I have just called the court and they have asked me to write as the letter requests. As far as was aware my claim was stayed along with others that were filed at my local court.

So please help me with how can proceed from here.

 

Many Thanks

 

Sheppie

My People are destroyed for lack of Knowledge!! [sIGPIC][/sIGPIC]

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Well, guess what I have just called the court and they have asked me to write as the letter requests. As far as was aware my claim was stayed along with others that were filed at my local court.

So please help me with how can proceed from here.

 

CAN SOMEONE PLEASE HELP ME WITH THIS:confused: :confused: :sad:

 

Many Thanks

 

Sheppie

My People are destroyed for lack of Knowledge!! [sIGPIC][/sIGPIC]

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I have just received a letter from lloyds' solicitors saying that they have applied for a stay with my local county court. A paragraph in the cover letter reads;

 

"In light of the above, we have today written to the Court to asking for a ‘stay’ (postponed) of our claim until the resolution of the banks’ proceedings with the OFT. As a result, we would be most grateful if you would confirm, in writing to us and the Court, whether or not you are in agreement to a stay of these proceedings."

 

Is there a standard letter I can use to respond to this.

 

Many Thanks

 

I'm referring to the letter I received from LLoyds' solicitors. As quoted above.

My People are destroyed for lack of Knowledge!! [sIGPIC][/sIGPIC]

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There is really no standard letter.

 

It is futile saying that you do not accept the stay, unless your claim is a business or credit card claim. The courts just stay matters nearly automatically now.

 

Hopefully the test case judgement that should handed down soon will allow the stays to be lifted, but I am not so sure.

 

In your position I would just wait for now.

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

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There does seem little point responding Sheppie, and no point at all in fighting the stay at the moment, so if the court write to you for a response to a Lloyds application, respond to it then. Don't worry for now.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Caro & Bookworm. I have just received this morning a letter from the Court that reads:

 

Before DISTRICT JUDGE ********* sitting at ******* County Court.

Proceedings having been issued in the High Court to determine the legality or otherwise of Bank Charges; and it appearing to the court that this claim will be affected by the outcome of those proceedings:

 

IT IS ORDERED THAT:

1. The claim be stayed until determination of the proceedings in the High Court;

2. Liberty to either party to apply on notice under CPR 23 to lift the stay.

3. The hearing of any application to lift the stay be reserved to District Judge ****** and will be heard at ********** County Court.

 

 

Dated 30 January 2008

 

Many Thanks

 

Sheppie

My People are destroyed for lack of Knowledge!! [sIGPIC][/sIGPIC]

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Sheppie, you do not really need to respond. The test case has now been heard, and the judge has said that he will take about a month to consider the arguments. It is likely that there will be appeals etc.

 

If you are suffering severe financial hardship as a result of the stay, you might try fighting the stay on those grounds if you wish, but the chances are that you will not succeed even then. If you are still getting lots of charges, you could perhaps agree to the stay but ask the judge if he will order the bank not to charge you any more until the case is heard. Again it is a long shot.

 

If you decide to fight the stay there will be a hearing where you will have to have a very strong case to get it lifted, and be prepared that the stay will not be removed. You will put yourself through a lot of stress, and in all likelihood achieve nothing by it.

 

My advice would be to do nothing until you hear from the court again. That is just my opinion, but if you wish to fight it, please post again and we'll help all we can.

 

You might like to look at these links to help you decide.

 

PART 23 - GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115023-application-removal-stay-grounds.html#post1142776

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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