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    • We have finally managed to obtain the transcript of this case.

      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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Ms Banana Vs Lloyds


MSBANANA
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  • 2 months later...

hello all!! hows it going? I hope you are all OK after the news of the test case.. looks like I got there in the nick of time cos my case is in the courts system, my hearing is all set for the 10th Sept.

Just trying to finish my court bundle, does anyone know where I can find the Lloyds TSB successes list for me to print off!! it's the last little bit I have to do (bloody thing has taken me all day LOL) if anyone can send me a link - be most grateful. Ta in advance, MsBanana.

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phew!! done my court bundle! took a wee while to photocopy LOL... the thick girl in the shop forgot to press collate and didnt nitice till she had 3 copies of my 173 page document.... ! had to collate it by hand and re-write all the page numbers on as the copier had also cut them off... ha ha what a disaster. I was in the shop for an hour and a half trying to put the pages back in order..:rolleyes: hopefully it's OK tho - sent to banks solicitor by regerstered post and took a copy into the court. thank god that stage is over!

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Phew - well done msbanana, its a big old document - how much did it cost to do all that copying ----and will you be able to put that in for expences at the court case - my worry with that is that it never gets to court and therefore you never get the expenses back!

 

See my thread - in the same court as you are going to - Lloyds paid up the night before - and I still had to see the judge to agree that I was happy -maybe at that point we should have asked for expenses to be taken into acount! When I say "I" the win was actually for the OH but it all gets spent the same!!!:o

 

I am around on the 10th sept if you need someone to hold your hand! I am NO legal eagle..but I can be there for you - if no-one else is available, although I really don't think it will come to that! GOOD LUCK!:p

Darling1

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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Hello All!

DARLING1 - Thanks for your helpful offer! I would love to have somebody there with me if my case actually goes ahead for the 10th! thanks very much.. will keep you posted on here.

GuidoT - I didn't receive a bundle from LLoyds' solicitors (am I supposed to have done?) thanks very much for the above link - very helpful - only thing is tho - received a letter yesterday informing me that they have requested a 'stay' due to the pending test case... seems like they are also asking for my PERMISSION!! LOL:eek: they are asking me to say that it's OK with me- ha!! Absolutely NO WAY am I ever going to say yes to that! does anyone know of a sucessful letter saying that they can go to hell as far as I am concerned?:p cant believe the cheek of them, the letter was written only 10 days before the case is due to go to court! any help with what I should reply would be much appreciated!

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Yes you should receive a bundle from Lloyds, but I have never known them to issue one.

 

No point in responding to the SCM stay letter. It is likely at the hearing that they will request a stay and or the judge may automatically grant one anyway. Have a look here regarding stays:

OFT Stay Removal

More OFT Stay Removal

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

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that's a great help - thanks so much! I have posted a letter of objection to the court (and will try and fax it aswell as the hearing is set for the 10th) and I have posted a copy to SC&M.

Hope it DOES go ahead - i dont much like the idea of a stay :mad:

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Any news yet? - the date is getting pretty near :o

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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hello everyone - it is with much annoyance that I had a call from the court less than 1 working day before my case saying that the judge has decided for my hearing to be vacated... I have received my letter and now it's beginning to sink in... I am really really annoyed...! I was relying on that money coming back to me ( I know that's always dangerous, but couldnt help it as I am very very poor after our recent wedding )

Is there any way I can appeal? already sent the letter objecting to the proposed stay - before it was finaly decided upon - but want to know if there's anything else I can do? also - what about the £200 odd I spent on my case / hearing? could really do with this back. the bank have just taken another £90 this month....!:mad: GRRRRR!

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Hi MsBanana, sorry to hear of this - but if you look in my thread you should read up details in the last post I put up. You can still have the hearing to appeal against the stay decision (£35 cost i think). There are the CPR's that give a case against an application for a stay if the bank haven't met the requirements of CPR 3.8 & 3.9 (for more info on what this means then read the post in my thread). I hope there can be a turn around on this decision but I wont make any promises on that.

 

Have a read and give it a shot - it will never hurt to try!

 

Good luck and keep your head up - it's not like the Judge has ruled against you at this stage - it's simply a case of being in limbo and I know thats annoying.

Obtained Judgement

:D

 

[sIGPIC][/sIGPIC]

 

Quote:

 

Confucius say, Man who walk through airport door sideways going to Bangkok.

 

 

 

__________________

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................... ......................... ....

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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The problem is -as is usual - you are in financiall difficulties in the first placce and that is why you have all these charges against you.............so having to keep shelling out on the court fees adds insult to injury.

Does anyone know how long this test case is going to take and WHEN?

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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In my hearing the Judge and the barrister from SC&M both confirmed that there will be a ruling in January... Coming from both of them it kinda convinced me. But don't forget the bank could appeal if they lose and go through High Courts => House of Lords.

 

So January is the new guesstimate apparently.

Obtained Judgement

:D

 

[sIGPIC][/sIGPIC]

 

Quote:

 

Confucius say, Man who walk through airport door sideways going to Bangkok.

 

 

 

__________________

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................... ......................... ....

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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OK - well I have decided not to bother appealing, I am tired of it and cant afford any more fees.. (just taken a massive pay cut)

Will wait till Jan to hear outcome.. the wait BETTER BE WORTH IT Grrrr!!

:mad:

thanks for all your help with my case (and lack of case) guys! you've been ace.... ttfn

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  • 5 months later...

hi guys - hope all is well with you all?

has anybody any news about the court ruling, or is everything still all up in the air? I did try looking about for some news - but there didnt seem to be anything going on... any news would be great if you have some?

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http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/126399-oft-test-case.html

 

that is the thread that I am following or at least trying to! Its very long and goes off topic quite a lot - but over all it keeps me up to date...I think!!!!!!

Hope that helps? - now, go and get a cup of (redbush!) tea and settle down for a long read!

Nice to see you here again.............................Darling1:p

If I have been of any help to you please be kind enough to click on my scales! Thank you

 

:D Halifax Bank...December 2006 ..... WON! 1 week after N1 filed.

:eek: Lloyds TSB....... April 2007 Lloyds TSB.....WON, 1 day before prelim. court date, still went before judge.

:p Nationwide.........April 2007 Nationwide.......WON, 3 weeks after N1 filed.

:rolleyes: Nat West....June 2007 (on behalf of friend) Settled after LBA and before filing.

:smile:HSBC - full settlement ...on behalf of my son...

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