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


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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

pocla vs lloyds

pocla

By pocla
in Lloyds Bank

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pocla

pocla

Posted
  • Author
Posted

ok, things are moving along.

 

Today received two letters: 1 from Lloyds; 1 from court.

 

Lloyds:

 

Thank you for your letter dated 26/02/07. I am sorry that you've not been happy with our response so far.

I am unable to add to our letter 19/02/07. This is because we have already outlined our position on the points you have raised.

I can see that yuou have already issued a court claim for repayment of these fees and that our solicitors are dealing with it.

Thank you once again for taking the time to raise your concerns with us.

Yours sincerely,

 

It's taken them a whole 2 months to write 8 lines!! after reading this forum not really suprised though...:rolleyes:

 

 

Court:

 

The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

It is ordered that:

The Claimant is to file and serve a schedule of the alleged unlawful charges to include the date and amounts of such charges by 4.00pm on 5/5/07.

In default case dismissed.

 

Now, does this mean I now send: schedule of charges; statements showing charges; statements of evidence; and the court bundle (statutes and case law) to the court? If so do I need to send a copy to SC&M?

 

Or am I jumping the gun and all I need to do is send another schedule of charges?

 

Thanks :-)

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GuidoT

GuidoT

Posted
Posted
ok, things are moving along.

 

Today received two letters: 1 from Lloyds; 1 from court.

 

Lloyds:

 

 

 

It's taken them a whole 2 months to write 8 lines!! after reading this forum not really suprised though...:rolleyes:

 

 

Court:

 

 

 

Now, does this mean I now send: schedule of charges; statements showing charges; statements of evidence; and the court bundle (statutes and case law) to the court? If so do I need to send a copy to SC&M?

 

Or am I jumping the gun and all I need to do is send another schedule of charges?

 

Thanks :-)

 

I see from your post 10 that you have sent a schedule of charges already. Send a copy again to the court and enclose a copy of your last letter to show that you have complied. The court probably misplaced it during the transfer from Northampton (MCOL) to Lewis.

 

Then a few days before the 5/5/07 phone the court to check they have received the schedule of charges - it is important or your case will get struck out. Do not send to Northampton but the court you have been transferred to, i.e Lewes.

 

Leave court bundle for now.

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

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pocla

pocla

Posted
  • Author
Posted

Hi guys, sorry for late reply I've been working on my office computer at the same time as doing this, forgot to look!

 

Thanks Barty, as you can see from GuidoT I did indeed send my charges to the court (and to Lloyds about a million times!)

 

Thanks GuidoT, will do this tomorrow.

 

Getting bit more stressful now! Think it's all the legal jargon, I find it a little intimidating.

 

Will let you know how we get on with it.

 

A little aside.... any thoughts on my earlier post about the statement of evidence and whether to include point 7?

 

Thanks so much :-)

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GuidoT

GuidoT

Posted
Posted
And another one... sorry, I'm just trying to get all this draft order stuff sorted in one go!

In the template statement of evidence, 7. says:

 

 

 

We haven't had anything from Lloyds like this. In their letter to us, they don't refer to the charges as penalties, defaults or exist to cover costs. They seem to have been very careful not to!

The only paragraph I've found that alludes to recovering costs is:

 

 

 

Should I include that in the statement of evidence? Or shall I just delete point 7?

 

Any thoughts very grateful.

 

Would not include 'Like any business...for this service.'

 

Include point 7, but you must PM GaryH with your email address for the M Orton letter. If you do not have the M Orton letter then you should delete 7.

 

To my mind point 7 is not significant, but the statement comprises of many points that collectively become significant, so best to include, but not fatal if excluded.

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

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pocla

pocla

Posted
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Posted

I just answered my own question.

 

Was about to ask you if it's still ok to include M Orton's letter as I haven't sent anything to Lloyds asking them to justify charges.

 

Then realised it just refers to letter, doesn't say that I actually sent one myself.... oh god it's getting late!! :oops:

 

Ignore the above, ramblings of an overworked mind!

So, I will PM Gary to request a copy of the letter.

 

Thanks very much for clearing that one up for me.

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  • 4 weeks later...
pocla

pocla

Posted
  • Author
Posted

ok little update.. but not much more news!

 

The court requested that we send another copy of the schedule of charges by 5th May, did so (and phoned to check they got there...)

 

Now we haven't heard a thing. Is this normal? Should I be expecting a request for the court bundle/date for hearing sometime soon?

 

Now I've asked it will probably arrive in the post on Monday, but am starting to get worried that it's all gone quiet!

 

Am joining the hunt for old t&c.... will put them up if I find any.

 

Keep smiling, we'll all get there! :)

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  • 4 weeks later...
pocla

pocla

Posted
  • Author
Posted

more updating...

 

I did phone the court to ask them what was happening - they said really busy at the moment, will be notified by post when court date allocated.

Got a court date about 2 days ago - 2nd August.

 

States on the letter that they are following the 'double booking' system, so the date, time and venue are liable to change, right up until the day before the hearing - we have to phone them on 1st August to confirm its still going ahead.

 

We have until 19th July (4 weeks or so) to get bundle in, but I'm going to start work on it this weekend - I figure the sooner it's in the better, and it might just give LTSB the kick they need to refund the money.

 

Heres hoping?!! Thanks again for everyone's help so far :)

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pocla

pocla

Posted
  • Author
Posted

WE DID IT!!!!

 

Didn't get round to getting the court bundle together at the weekend, just as well because yesterday (Weds) we received a letter from SC&M telling us that Lloyds had agreed to settle our claim for the full amount (£687.90) inc court costs.

 

Their letter said:

This is not to be treated in any way as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerned.

 

We checked the bank account, and there it was!

 

SO HANG IN THERE EVERYONE!! it will happen... eventually ;)

 

Can anyone tell me what I need to do to move this to the successes threads?

 

Thanks so much to everyone for all your help, we really couldn't have done it without this site.

 

:D :D

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BARTY

BARTY

Posted
Posted

Congratulations!!:D :D

We do seem to have a lot more settlements on a Thursday I've noticed??:confused:

Try and PM one of the Mods if you can, and ask them to change your title and move you to the "Successes".

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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GuidoT

GuidoT

Posted
Posted

Nice work, to close out:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

There is a letter in the link below to inform the Court of settlement, once you have received payment:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

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

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