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


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Hi Calm, Just the usual nothing. No return call and as the posties have been on strike nothing in the post either. Bah humbug! Haven't you shaved yet?

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Yes, indeedee - all over - I look a bit like you now! Saying that, it bloody itches when it starts growing back! Mothers at school, please note: I DO NOT HAVE CRABS.......... !!

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Hello All

 

No word from [problem], No cheque, 1 week today before statutory demand is up. Getting slightly nervous now:confused: Going to Fax another copy of stat demand today, see if that makes any difference. Also filing N1 today for non compliance of SAR for pre 6 years info. What is it with these people????

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Cheers Dolly,

Ok, Rang [problem] today. Got to speak to someone who was dealing with my case and was very very unhelpful. Told me that the court would "not have" me applying for a winding up order and that I would be "wasting my time and money".

He said "I have no record of another cheque being issued but you will be paid when one is issued by our clients" along with "the statutory demand is irrelevant". Lots of intimidatory silences and general snotty attitude. Does this mean I'm getting somewhere????? Could do with some advice about where I need to look for info should I have to see this thing through please Hagen.

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Reading through your thread i can't believe how many things have gone wrong for your claim! Good for you that your still laughing and joking.:)

 

As someone wiser than me once said, 'just because your paranoid it doesn't mean their not out to get you' :grin:

 

Surely it's time for the 'have now arranged the interview with the News Of the World and would you like to comment' fax.

 

Can just see the headline 'Sadistic [problem] jerk off jshtr'.

 

On a more serious note, best of luck with wherever this takes you next and i hope it's over for you soon:)

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Next week is the 21 day point, at which Lloyds, on whom you served the statutory demand need to act as any application to set aside the demand must be made before 21 days from the date of service.

 

However, even if Lloyds do try to have the demand set aside, the court can dismiss an application to set a statutory demand set aside if there are no reasonable ground to do so.

 

In your case I do not see any reasonable grounds. Had Lloyds applied to stay execution on the judgement debt that led to the original cheque being issued then they may have been in with a chance, but presumably, they have not and even if they had, issuing the cheque and subsequently dishonouring it was a bad move for them due to the Bills of Exchange Act 1882 and would render any attempt to set aside the judgment futile.

 

Neither can they declare that the amount stated on the statutory demand is disputed nor can they state that you owe them any money and issue a counterclaim as the reason for the demand was the dishonouring of a cheque, which, under the Bills of Exchange Act 1882 precludes the use of a counterclaim to avoid payment of the original amount. The demand was not issued in error and nor is the amount owing less than £750.

 

SC&M and Lloyds are on extremely thin ice and your treatment by them today would appear to indicate that they know this.

 

I am going to PM you regarding your next steps.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Cheers for the good wishes Kazzie, TBH just sick of it all now, all I wanted was the money they owe me to make my house habitable (its a long story oddly enough!!)

Hagen, You are as always a rock and I look forward to your PM. Many thanks:)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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We are all rooting for you!! You may find that someting happens now, as with me when I phoned, they were vile and unhelpful.... two days later, dough appears!!!

 

Best of luck!!

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Well, It looks like it's over. Called home at dinner time to find a cheque with a 3 line letter. "Here's your money and tell the court"

I still haven't the foggiest why they have taken this to such lengths. I can only assume they really are as incompetent as they seem! Ah well, I suppose none of that matters now, cheques in the bank and I have a funny feeling this one will clear :D .

On to the bigger pre 6 year claim now, If I can get my statements that is. Thanks to everyone for all your support, help and encouragement and special thanks to Hagen who is one in ten million. Without you I'd still have been writing letters I think!

Trev

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Excellent news, well done!

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Cheers Guys, When the cheque clears I think I'll buy Calm1 a razor and a new hat;) as well as making a donation of course:)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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jshtr3 - it better not be a cheapo bic doo dah! Can't u stretch to an epilator with your new found wealth?:p As for the hat, the only hat I need is a riding hat for when I climb aboard the dark horse and ride him to the ground on pre 6 year claims!;)

 

Tally f******* ho!

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Do I look like I can afford high sugar foodstuffs? I've been living in a cave for the last 4 centuries at least. Epilators always looked like impliments of torture on the adverts, all that plucking:eek: Was thinking more of a cut throat jobby. Nothing like the excitement of a slip!!!

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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A drastic haircut seemed like the only option considering the unwelcome visitors!

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Thanks, I just did a bit of treatment, didn't need to go overboard like you! Am now happily nit free, bank larged, and a tad ****ed - hoorah!! Still somewhat hairy..................

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I too am a tad ****ed on godd ol LTSB, They bought me my first bottle of Laphroaig in a while. Will no doubt regret it tomorow but feels great today! Don't worry about the hair, all the cutest things are furry, Except ligers (they're just big!)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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