Bankchargesnotus V Lloyds TSB

[bankchargesnotus]

Claiming initially £1364.44 from TSB Bank from an account which was closed around 12-18 months ago

 

Sent DPA Letter 16/11/2006

Received statements 13/12/2006

Sent Request for repayment of charges 20/12/2006

Reply received 04/01/2007 - Pretty much expected telling me to go away !!!!

Sent LBA on 06/02/2007 - Bit of a delay as ill for three weeks with tonsilitis (twice) - Lame excuse I know.

Had no reply to that letter whatsoever!!!!!!!!

Trotted along to my local county court on 26/02/2007 and filed my money claim, which now with interest is £1833.56, Claim was issued by court on 27/02/2007, the defendant had until today 19/03/2007 to respond, nothing as yet, phoned this am, will phone again after 4pm.

 

Phoned court this morning and no contact has been made from TSB, their 14 days are up!

Recieved a letter today, letter dated 15/03/2007, however not posted until 19/03/2007

 

 

 

 

 

Dear Mr & Mrs

 

Thank youfor your letter dated 06 February 2007. I am sorry that you've not been happy with our response so far.

 

I am unable to add to our letter dated 04 January 2007. This is because we have already outlined our position on the points you have raised.

 

We see from our records that you have already issues a court claim for repayment of these fees and that our solicitors are dealing with this. Apart from explaining our position, theres nothing more I can do to help you at this stage.

 

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

 

Yours sincerely

 

James Binding

Customer Service Recovery Centre Andover.

 

 

 

Was going to send letter to TSB today offering another 7 days to respond to court claim so that they would hopefully not be successful then in gaining a stay, however after receiving this letter and speaking to the court about the contents I am confident that they would not be successful???

 

Anyone any ideas????

[BARTY]

Hi & Welcome!

Good luck, let us know how you get on.

Barty:)

[bankchargesnotus]

Will Do Barty, do feel like there is light at the end !!!!

[happyolddog]

Hi Banks,

 

Pretty standard stuff, I have had the same letter twice keep moving foward.They are tryin to put you off. Next they will try to buy you off cheaply.Just wait now the court will rule in your favour and you will be paid in full.

[bankchargesnotus]

Thanks Happy

 

Getting everything ready to send as we speak, how long do the nect step take after the judge rules will they normally pay up straight away is there a time limit or can they try to stall??

[bankchargesnotus]

After getting the letter (Lloyds TSB), I actually called TSB and tried to speak to James, however he was unavilable, I was told however that they could not find their letter which I was referring to, the one in my hand that is! and they had no knowledge that I had taken this to court claim already, again see third paragraph of their letter.

 

They did however tell me that they had sent me a letter on 5 th March with £750 offer, I never received this, they said they would re-send that! They also advised me to speak to their legal reps as they could not advise, basically sounds like thye didn't really know what they were talking about.

 

I spoke to Seihian & Clark Sols today and they could amazingly not find my details and I am waiting for a call back, I explained that Lloyds or themselves have missed their opportunity to acknowledge and I was phoning them to offer the chance to comment or even to refund the charges plus interest in full. I suspect from the worry in his voice that there has been some breakdown of communication between them as no-one was singing from the same hymn sheet!

[bankchargesnotus]

Had a call from Solicitors 8.50 this morning stating that they had indeed filed an acknoweldgement with the court and she had phoned yesterday to check they had received it and they confirmed they had. My husband phoned the court this afternoon to find out when they filed it as it was (so we thought) done as soon as they realised they hadn't done it yestrday and guess what, they have not filed anything at all with the court!!!! I phoned twice just to double check and nothing at all received so either they were lying or they have contacted the wrong court!!!

 

TSB also phoned today to apologise for the delay in filing a response by the deadline and blamed the volume of cases as the reason, she also told me that the £750 offer that I was told yesterday was sent on 5 March (which I never received) was told to me in error and I was never meant to be sent this offer - I dont think they have a clue whats going on??

[bankchargesnotus]

Getting pretty lonely and wondering whether to keep up with my thread anyone interested in offering advice would be grately recieved.:-?

[bankchargesnotus]

Received defence and AQ on Saturday 24/3, my AQ has to be returned by 10 April, was looking to send the updated version anyone offer any advice as it seems a little more complicated and you seem to have to have a little more knowledge than I actually have?????:o

[BARTY]

Hi

Have you had a look at the AQ links? Which part are you stuck on?

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Do keep us updated, and if no-one is answering you, just bump up your thread until someone helps.

Barty:)

[happyolddog]

Hi Bankchargesnotus

 

If you get a bit frustrated or feel you need advice, please go to live chat and ask any questions in there. I and plenty of others will try to help.

Welcome to the forum.

 

Please take time to read the faq's

use the template letters.

 

LINKS....

FAQs....

 

Templates Library....

There is also live chat, visit if you need any quick advice.

 

Finally good Luck.

Happyolddog.

 

If my advice helps please tip the scales, left.

[bankchargesnotus]

Thanks Barty and Happy, been in the chat room this morning and got some gratefully needed advice on completing my AQ.

 

XX:-D

[bankchargesnotus]

Checked with the court yesterday and the AQ from tsb along with my own was received within the 10 April deadline so just a matter of waiting now.

 

Anyone reading this is court date next step and how long does that normally take, roughly:p

[John72]

I've had a court date in July - but apparently I only need attend for a "review".

 

John

[BARTY]

Checked with the court yesterday and the AQ from tsb along with my own was received within the 10 April deadline so just a matter of waiting now.

 

Anyone reading this is court date next step and how long does that normally take, roughly:p

 

 

Hi

Yes you should get a Court date next, how long it takes will depend on how busy your local Court is.

Barty:)

[John72]

Hi

 

My AQ return date was also 10 April and I have a notice of a "pre-trial review" for 13 July 2007.

 

John

[bankchargesnotus]

Got a letter this morning and from court as follows:

 

General Form of Judgement or Order

Before District Judge XXXXX sitting at XXXXX Court

Upon the Courts own motion. 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

 

1. The Claimant shall by 4pm on 4 may 2007 file and serve a fully particularised schedule of all charges and interest, currently in dispute.

 

2. The Defendant, if not accepting the sums claimed, shall file and serve, by 4pm on 25 May 2007 a counter schedule.

 

3. That there will be a stay until 22 June 2007 to enable the parties to attempt settlement.

 

4. On or before 22 June 2007 one of the following steps must be taken:

either

the claimant must notify the Court that the whole claim has been settled;

or

the claimant or defendants solicitors must write to the court requesting an extention of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert or other person helping with the process. The letter should confirm the agreement of all other parties;

or

Where a settlement of some of the issues has been reached, a list of those issues should be sent to the Court and must be agreed with the other parties and must indicate that it has been agreed.

 

Any comments on this would be much appreciated as I was not expecting it, I am assuming it is a good thing because when I spoke to court admin about it they basically said the courts are fed up with Banks paying out last minute after the expense and time of a court hearing being arranged so this is their way of saying pay up and quick!!

 

Feeling Hopeful !!!!

 

Just rang Sechiari Clark and Mitchel advsing that I am phoning in response to order with a view to negotiating a settlement and they are going to contact TSB and get back to me today. Any ideas what their settlement is likely to be?? Anyone

[bankchargesnotus]

They phoned this afternoon and stated that they have spoke to tsb and they are not prepared to settle at the moment.

 

I had sent them a letter yesterday offering them one week to settle before I approach the judge for a stay but I wont be doing that as the court order states they have to provide counter schedule by 25 May which obviously they cannot do.

[caro]

I'm not sure that LTSB couldn't come up with an alternative list of charges, but I think all that you can do at the moment is follow the court order. It's a shame there is such a long time until the stay ends. You could possibly apply for the removal of the stay, but there might need to be a hearing for that and it could delay matters even more.

 

I would suggest you write and offer a settlement, as per the YB thread you have already seen, after the date for the submission of the charges, when the stay starts. Not sure if you'll get a response as I'm not so familiar with how this bank operate.

[bankchargesnotus]

Thanks for the reply Caro, really confused now though.

 

Got some advice last week about this and was told that they have to submit the schedule of charges by 25 May according to the order and I thought that was true costings and they wouldn't be able to do that so they would settle by then. Is the counter schedule not the true costings??

What happens if they just ignore the 25 May deadline can I not do anything will the court not do anything.

I actually thought this was a good thing and was told not to apply for the removal of the stay, however to send a letter threatening that as next action and that they will most definately settle by 25th, is that not right, really confused now:(

Here is letter i sent

 

My add

 

Sechiari Clark & Mitchell

 

Tuesday, 17 April 2007

Claim Number:

Dear Sir/Madam,

I am writing in response to the Court Order dated 12 April 2007 issued by Judge XXXXX at Runcorn County Court in respect of claim .

I again request that you settle this claim in full within 1 week of this letter. The amount required to bring this action to an end is £XXXX. This includes interest.

I am sure that you will agree it is in the best interests of all concerned to settle this matter without incurring any further costs or wasting court time.

I have enclosed as directed a fully particularised schedule of all charges and interest, a copy of this letter and the schedule will be sent to the court.

If you fail to settle this matter within one week I will request the removal of the stay and inform District Judge XXXXX that you have made no attempt to resolve and settle this case.

 

This offer will remain valid for 7 days after which I will proceed with the application to have the stay removed.

 

Yours sincerely

 

 

Cc Judge XXXXX, Runcorn County Court

Please really really confused as to what to do next??????

[Guest ChloeJane]

Hi Bank!

 

In case you lost the link -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

Reading over your post Bank -

 

I personally would not apply for a stay for the reasons below -

 

1. They are being asked - The Claimant shall by 4pm on 4 may 2007 file and serve a fully particularised schedule of all charges and interest, currently in dispute.

 

They have no defence to this and cannot justify their charges, so I fail to see how on the 4th they will file accordingly. To date not one bank has justified their charges!

 

So I would sit tight till the 5th of may and you will no doubtably find that they have not filed under the directions. If that is the case you can file for breach of an order under Section 3.3.4 of the CIVIL PROCEDURE RULES and have their defence struck out and win by default.

 

Hang in there...it is only a few more days...these are my own personal beliefs in that I do not think they will provide what is required by the order.

[bankchargesnotus]

Spoke to the court admin today just to see anything submitted from bank and as yet nothing, and the counter schedule is due from them on 25th May!

 

Is it a request for judgement or something else i file for if they fail to file ??? Can they ask for extra time to submit also and would the judge be likely to approve???

 

Any help much appreciated

 

XXX

[bankchargesnotus]

Looking for urgent advice, need to do this tomorrow as they have not submitted, any advice much appreciated!!!XXX;)

[BARTY]

BUMP, anybody help??

[caro]

Got a letter this morning and from court as follows:

 

General Form of Judgement or Order

Before District Judge XXXXX sitting at XXXXX Court

Upon the Courts own motion. 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

 

1. The Claimant shall by 4pm on 4 may 2007 file and serve a fully particularised schedule of all charges and interest, currently in dispute.

 

2. The Defendant, if not accepting the sums claimed, shall file and serve, by 4pm on 25 May 2007 a counter schedule.

 

3. That there will be a stay until 22 June 2007 to enable the parties to attempt settlement .

 

4. On or before 22 June 2007 one of the following steps must be taken:

either

the claimant must notify the Court that the whole claim has been settled;

or

the claimant or defendants solicitors must write to the court requesting an extention of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert or other person helping with the process. The letter should confirm the agreement of all other parties;

or

Where a settlement of some of the issues has been reached, a list of those issues should be sent to the Court and must be agreed with the other parties and must indicate that it has been agreed.

 

Any comments on this would be much appreciated as I was not expecting it, I am assuming it is a good thing because when I spoke to court admin about it they basically said the courts are fed up with Banks paying out last minute after the expense and time of a court hearing being arranged so this is their way of saying pay up and quick!!

 

Feeling Hopeful !!!!

 

Just rang Sechiari Clark and Mitchel advsing that I am phoning in response to order with a view to negotiating a settlement and they are going to contact TSB and get back to me today. Any ideas what their settlement is likely to be?? Anyone

 

I've emboldened the relevant part of your court order. Looks to me like the amount is not being disputed by Lloyds and a stay is now in place to give you both time to settle.