jennifer1268 vs lloyds ****WON****

[minx_xxx]

More waiting for you then Jennifer but it'll be worth it in the end

 

You need to have the patience of a saint with this lot coz they love to keep you waiting.

 

Stick with it hun

 

xxxxxxxx

[griffin9959]

Same thing happened to me Jen but, I received their defence about 2 -3 days before the deadline. I think they may be getting rather busy or, they don't care because they have the 28 days to file a defence and bargin on the court giving them a little lee way.

 

Anyway, keep at em

 

~S~

Griffin

[jennifer1268]

Minx and griffin, thanks for your support:) I hope Lloyds don't drag it out for too long now because i'm quite desperate for this money. O.k forget the quite, i'm really desperate!!! But i know you're right minx, from what i've read on here i'm going to need a lot of patience but it'll be worth it when they do eventually pay up. It annoys me that they don't stick to the deadlines the court gives them but as you say griffin they may be rather busy. Ha Ha

[jennifer1268]

Morning all:) Lloyds had until last saturday to send their defence, which they still haven't done. I've given them an extra week so if nothing comes in post today should i go for judgement? Thanks, jennifer

[jshtr3]

Morning Jenifer, Have a look at this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13 if you haven't seen it already. You really should write to them telling them you intend to get judgement. Also see here http://www.consumeractiongroup.co.uk/forum/lloyds-bank/63766-order-judgement-sending-bailiffs.html from about page 5 onwards. Usefull discusion about the merits of judgement in default

[jennifer1268]

Hi jshtr3, thanks v much for your reply:) Yes the first link you gave i've read, read, and re-read already, (i know this sounds stupid and weak but i've got a fair idea of what i should do from reading the step by step and faq's etc but i'm just nervous about putting it into practice, hearts racing just thinking about it!) and the other one i'll have a good read of over the weekend, so thanks for that. Anyway, must be brave:oops: Let you know what happens. jennifer

[jshtr3]

You'll be fine. Just send the letter to Lloyds in the first link giving them a week or you'll request judgement, then request judgement if they don't respond. If you do get judgement the warrant form is much easier to complete than the N1 so don't worry;)

[jennifer1268]

Well still nothing from the lovely lloyds so i'm just filling out the request for judgment part on the bottom of the notice of issue form and i'm stuck on something so silly i'm almost too embarrassed to ask:oops:. I've put amount of claim including interest at date of issue as £1644.51... Then it asks for interest since date of claim and i've put £13.63 (£0.29 per day) But then it asks for the % rate? Is it 8% also? I'd be really grateful if someone could help. Thanks in advance

 

 

jen

[nicsussex]

Yes 8% is correct

[jennifer1268]

nic thank you! I can get that off now.

[jennifer1268]

Well a few days after sending the judgement form to the court, i received lloyds defence (3 weeks late) and the allocation questionaire to fill in!! I've filled it all in as per the guide but i'm stuck on section 'G' - other information. I've read through the draft order for directions so many times now i'm really confused. Can someone please tell me, what would i need to put in section 'G' if I wasn't to go with the new draft order for directions? I know i need to put i don't think case will take any longer than 1 hour but what else? Appologies for being dense:oops:

[jennifer1268]

Hi, could someone please help me with my previous question? I've decided on the standard AQ route and i'm a bit stuck on what to put in section 'G' - other information, even after reading through the templates:oops: What else should i put in addition to 'i believe this will last no longer than 1 hour'???? Please can someone help i want to get this returned asap. Thanks

[Michael Browne]

Something along these lines:

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks. I estimate that the hearing of the claim should last no longer than one hour.

[jennifer1268]

Thank you Michael, very much. I appreciate your help.

[jennifer1268]

Had a letter 2 days ago from sc&m requesting that we contact our local Lloyds Tsb for an account review, (which we had no intention of doing) and then this morning we received a settlement letter offering full amount we're claiming for, yippee, at last!! Only thing is though, on the letter they have our names and claim number right but they have the wrong a/c number and sort code!!! Sould i just make a note of it on the letter we have to sign and send back and attach a copy bank statement do you think? I will donate as soon as they credit my account and thank you very much to everyone who helped me:)

[Michael Browne]

You can send your own acceptance letter:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Pease note that my account details in your letter of settlement offer are incorrect. My correct account details are as above

 

Yours Sincerely

[jennifer1268]

Michael thank you, that's great. I'll get that sent off on monday morning. Thanks again for your help x :)

[BARTY]

Congratulations!! :-D

Barty:)

[Pondfish]

Congratulations Jennifer!

Well done! glad you stuck it out.

Pondy

[jennifer1268]

Still not had any money It'll be 3 weeks tomorrow since we received the settlement letter from sc&m, we sent it back recorded and faxed it. I phoned them on tuesday and was told to phone back friday if still not received anything...phoned back today and was told that our file was in a secure location and would take 72 hours to retrieve and they would phone back... :-x

[skint31]

Same thing has happened to me, are they def honouring payments they have sent offers to. They told me money will be in begining next week. Sure they're just fobbing me off though. I could cry to be honest

[jennifer1268]

Hi skint, i know exactly how you feel:( But yes, apparantely they do have to honour any offers made if the customer chooses to accept. I read this on the BBA website. Hopefully it won't be too much longer..

[jennifer1268]

Well, 3 weeks today since sc&m received back our acceptance letter and we still haven't been paid...i can't stand this waiting...has anyone else been waiting for 3 weeks and been told their file is in a 'secure location'? Phoned sc&m again yesterday and was just told the same thing (wait basically) I'm beginning to think our file is lost or something because i keep reading other threads where people have sent their acceptance letters back after we did and they've been paid? Although i'm really pleased for them, i'm getting more concerned by the day