jshtr3 v Lloyds TSB **WON** (no, really!)

[jshtr3]

No, but you'll find one in your cheque book, it starts PAY, leave the name blank. Then you just fill in the amount you want, sign it and post it ot me

[McIavelli]

Heh heh. Such generosity! I can't imagine why us Yorkies have such an undeserved bad reputation for being tight fisted

[calm1]

Really loving this thread. I am down to last few hours before doing the High Court thing today. SC&M have been delaying as much as posible - the last letter said the bank did not have a record of any accounts at this address - funny bearing in mind that statements arrived for both accounts on the same day!!! They said they were minded to enter negotiations, without prejudice, blah, blah, blah - ages ago. I decide to answer all their letters and stupid requests, recorded of course, just so if we get to court, I can prove that I have given them every opportunity to pay and I have been more than reasonable. As it is High Court, I couldn't bear to cock it up - for everyone's sake!

 

God love you Hagen - what a font of knowledge!

 

jhstr3 - best of luck - really very excited for you as this is going mad!! (can I have 40k too?). Can't wait to see what happens next...........

[calm1]

Well, now I am peeved! SC&M have offered approx 65% of claim for settlement - if we do not agree they will have our case set aside. The reason for this is that they claim the claim started March 07 and we have listed charges from before - i.e. from the date we asked for statements - we won by default by the way! Bearing in mind time was wasted by asking bank to refund these charges and them taking ages to refuse, I think this is not strictly valid. Saying that those few months add up to hundreds and not thousands, as they were not in the worst days! Has anyone any suggestions? I am worried they will have our case struck out if it goes further, on this basis, and equally think they are just doing more spinning to make us sweat. They know that I am now in a position to do the warrant and F F and if it went that far and it went against us we could be liable for a lot of fees AND nothing at the end!!!!!!

[jshtr3]

Calm1 (maybe you should change your username to Notsocalm1 now)

I remember posting on your thread when you first posted on the site. Your claim if for a lot of money from what I remember. Never had any dealings with high court but I'm surprised [problem] are willing to mess such an instituion around. Particularly as you have judgement! Personally I think they'll just be doing a bit of posturing and someone will be along soon to advise you on how to scare them back. Can't see them asking for a set aside as they will still have to defend in court if they do and we all know they don't want to go there. I've just looked and Hagen isn't online at the moment but GaryH seems to be around and he's propper clever!!! I can't believe that they put people through the wringer when they are obviously recieveing good advice and are willing to go the distance. Just goes to show what a Bunch of bankers they really are.

[jshtr3]

As for the 40k see post 101 for instructions on how to claim

[calm1]

I have already seen post 101 for how to get my 40k - and when you have taken over the world, including football club - I shall come knocking!!!!! (I will buy you a pint as well, but you are so gonna have to get some clothes on - I can be a touch prude at times!!!) LOL

 

With regards to rest - I AM STILL CALM!!!!!!! Just feel that this is another stalling tactic. I won't go into too much detail as if they monitor this site, I may get rumbled and don't want to give them a head start. You are right - what a bunch of bankers!!!!

[hagenuk]

Well, now I am peeved! SC&M have offered approx 65% of claim for settlement - if we do not agree they will have our case set aside. The reason for this is that they claim the claim started March 07 and we have listed charges from before - i.e. from the date we asked for statements - we won by default by the way! Bearing in mind time was wasted by asking bank to refund these charges and them taking ages to refuse, I think this is not strictly valid. Saying that those few months add up to hundreds and not thousands, as they were not in the worst days! Has anyone any suggestions? I am worried they will have our case struck out if it goes further, on this basis, and equally think they are just doing more spinning to make us sweat. They know that I am now in a position to do the warrant and F F and if it went that far and it went against us we could be liable for a lot of fees AND nothing at the end!!!!!!

 

Do you have your own thread on this, so as out of courtesy to jshtr3, we do not hijack this one?

 

None of what you have written above should concern you overmuch however.

[calm1]

Hello Hagen - how nice to hear from you again! I will try to locate my old thread. Totally understand about not wanting to hijack this one - I am not worthy of it - YET!!!!

[calm1]

Hagen - Bank Will Only Cover 6 Years From Date Of Claim - is the title of my thread - any help would be much appreciated!!

[hagenuk]

Hagen - Bank Will Only Cover 6 Years From Date Of Claim - is the title of my thread - any help would be much appreciated!!

 

Calm1, have responed on your thread, which is here.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/102599-bank-will-only-cover.html

[calm1]

Thanks Hagen - I'm just off to have a look now!!

[jshtr3]

Just got a letter from [problem] saying they have sent my cheque to the court as "I requested" (as if I would do that:mad: ) So I have to wait till monday to see if they can find it or have recieved it!!!! Think I may write to the Judge explaining how they have tossed me around and drop that in while I'm there!

[calm1]

Why not? They are soooooo difficult to deal with. When this is all over I will be switching my account away as well - I have had it for over 20 years - since a teenager - they have done very well out of me with regards to loans, etc, over the years. What these gifters don't realise is that this is not just about the now and reclaiming charges, it's also about the future and, in my opinion, LLoyds are getting such a bad rep, that they will loose so much more in the future because of this - noone will want to bank with them. Hang em......

[calm1]

Ok, I Really Don't Want To Rub Anyone's Nostrils In It, But My Partner Checked His Bank Accounts Earlier And They Have Paid In Full!!! Whoooopeeeee Doooooooooooooooooooooo! 13k - Some Of Which Is Going Right Down My Neck............. The Rest We Shall Squander!!!

[jshtr3]

That's great news Calm1. Congrats and enjoy. I trust you'll be donating a bit as well as doing some serious squandering;)

[calm1]

Don't worry Jshtr3 - we have ringfenced donation!! I didn't join here until recently, but the support I had when I did was really great and I really needed it!! I was beside myself with worry about screwing it all up and would not have got this far without it. We have an outstanding loan with bank that is for more than payout - so I am a tad concerned about what the post brings on Monday or Tuesday or Wednesday or -whenever....... Whetever happens, we will be donating appropriate amount, I really believe in this site and don't have a lot of time for those who do not donate if they can............................. In the meantime, cheers!!!!! 13K golly me gosh! DING DONG!

[calm1]

Any news on your cheque?????? As you can see (avatar) - I am still in shock from receiving dosh............

 

I am not a bloke and am not basil or john....... but pic sums it up well!

[jshtr3]

You've got a big tash if you're not a bloke:D No news yet. They say they sent it to the court. Been ringing court every day and speaking to a kid I went to school with's sister! She says no cheque (sound familliar?) Most annoying thing is the court keep the cheque for 2 weeks before sending me it (if they get it at all:( )

This has made me more determined than ever to persue a pre 6 years claim with vigour. It may not make a huge impact on their finances but it will make me feel a shed load better!

[hagenuk]

You've got a big tash if you're not a bloke:D No news yet. They say they sent it to the court. Been ringing court every day and speaking to a kid I went to school with's sister! She says no cheque (sound familliar?) Most annoying thing is the court keep the cheque for 2 weeks before sending me it (if they get it at all:( )

This has made me more determined than ever to persue a pre 6 years claim with vigour. It may not make a huge impact on their finances but it will make me feel a shed load better!

 

HMCS hold the payment for two weeks in case it is reversed, or the cheque is stopped, which you know all about...

 

What happens when the payment is cleared is you will get a cheque from HMCS and that one won't bounce.

 

Have Lloyds responded at all to the Statutory Demand?

[calm1]

The pre 6 years thing was certainly not something that I was going to do, but I am revving up for it now....................... OMG what has happened to me?........

 

And yes, the tash is big for a bird, but what's a bit of fluff between friends?

[jshtr3]

Hi Hagen,

Not a sausage from them about the statutory demand although the letter I recieved advising they've sent payment to the court (though still not recieved by them) was dated 4th July so they would have recieved the SD by then. It's so annoying all this. Why have they chosen to do this to me?????

 

Calm1 - Go get em. They deserve it. A bit of fluff between friends usually means you should take your finger out of thier belly button:D

[jshtr3]

Right then. Been to the court this morning. Still no record of cheque being recieved. Court receptionist told me they would not accept the cheque anyway as the warrant was issued by Mayors and City and they should get payment. Mayors and city say they have not recieved any payment and bailif has not visited. Deadline for Statutory demand up on 23rd. Am bald from pulling out hair, teeth and fingernails (see avatar) Is it worth writing to [problem] again and reminding them about stat demand deadline or will I just be p ing uphill in the wind as usual? I really don't want to have them liquidated. What with all the flooding up here recently!

[hagenuk]

Lloyds need to pay YOU, not the court - it would seem that they are messing about again for reasons of incompetence and ineptitude more than anything else I am sure.

 

Call SC&M and ask if any of them actually know what a Statutory Demand is and what the implications are of their client failing to respond to one. In particular as they dishonoured a cheque sent as a result of a county court judgment. Ask if they are aware of the Bills of Exchange Act 1882 and what failing to honour a cheque means.

 

01273 205381

 

Call them now, give them your claim number, the details of the judgment, the dishonoured cheque, the resulting statutory demand and then see what they say.

[jshtr3]

Thanks Hagen, Done that. Chap on the phone appologised. He was aware of bills of exchange act and what a statutory demand was but wasn't aware that I had issued one and said that he could think of no reason why they would send a letter saying they were sending a cheque to the court. He was also surprised they had cancelled the first cheque. Said he would deal with it personally and will be ringing back tonight or tomorow morning (I'll believe it when I hear it) Thanks again