passivenomore v lloyds tsb

[passivenomore]

Right, here we go!

 

A little background info... I have been researching via moneysavingexpert and after weeks... nay months, have taken positive action. Being self employed, I have access to all my relevant bank statements, so set about recording all charges. Using MSE's interest calculator and 1st letter template, I have already sent this correspondance off.

 

After receiving the "on your bike" letter, I went back to MSE to make my next step. It was here that I came across references to CAG and came here!! Having read various threads, it seems I've made an error in including the interest in stage 1.

 

Also, as I didn't need to contact the bank for a list of charges, I haven't asked them to disclose whether they have entered any defaults on said account.

 

The first point, I think, about the interest is a minor error but should I retrosectively ask the bank to disclose any defaults through a SAR?

 

I have my "letter before action" ready and rearing to go!!

[BARTY]

Hi and Welcome!

Firstly no worries about including the interest in your first letter, there have been quite a few people that have come over from MSE (I love that site, but this is the best for bank charges) and done the same thing.

Not sure about the default thing, wouldn't you have had a letter if you had been defaulted??

Good luck, let us know how you get on.

Barty:)

[passivenomore]

Hi Barty... and thanks for the reply!!

 

I haven't had any letters from the bank regarding defaulting, so I'll assume I'm ok on that front! Unless I hear differently!

 

Thanks as well for putting my mind at ease over the interest bit. I agree MSE does good work, but will stick with CAG now!

 

Will of course update here as things progress.

 

Thanks... and good luck to you all.

[passivenomore]

Update...

 

Have received reply to my LBA. Basically, I have cocked up by quoting the Consumer Contracts Regulations. The reply states that these don't apply to me as I'm a business customer (even though I'm self employed and a sole trader, it is a business account).

 

I have come across various threads this morning stating that business a/c holders shouldn't quote the CCR, so I'm wondering whether to continue to court action stage or re-submit the LBA letter?

 

A lesson learnt... if you think you've done enough researching... do some more!!!

 

Any advice please????

[nicsussex]

I would send LBA again perhaps modified to reflect their respone and then continue as normal

[passivenomore]

Thank you Nic...

 

I really appreciate the response and I will re-send LBA.

 

Good luck!!

[passivenomore]

Just updating...

 

I have re-sent my LBA, taking the opertunity of revising the schedule of charges to go back to the opening of the account (Aug 1997).

 

Well worth doing as it covers a period of glandular fever, which hit me hard... but not as hard as the bank charges incurred!!!

 

Will make a reference here that I made an appointment to see bank manager at this time, who was extremely uncooperative and recommended I take out health insurance... horse - door - bolted?!?!?! That was the only way she was prepared to help me out.

 

Anyway, no reply to revised LBA, as yet, so I'm about to start the N1 claim. After recent events in Birmingham, I've been reading threads carefully, in order to understand and get things 100%.

 

Keep you posted...

[passivenomore]

Hi all...

 

I am about to fill out my N1. Hoping to do this tomorrow evening, in a view to taking it in to court on thursday.

 

I have noted that the preliminary letter template has been ammended to include a request for T&Cs, but the N1 template hasn't.

 

Should I hold off with the N1 until I have a copy of the original T&Cs?

 

I, as many others have been doing, have hunted high and low looking for my originals, but am sure they came off worse in a battle with my shredder some time ago!!

 

The best I can do, is the T&Cs from July 2003 (from Internet Archive Wayback Machine link). Can they be used in court, or will I have to wait for someone to find thiers and post them up?

[nicsussex]

Submit the N1- as this is what you ahve been saying your going to do in previous letters - you will have plenty of time before a courtd date to gather all the other info

[passivenomore]

Thanks again Nic...

 

I know I mentioned the N1 in a previous post... I've been reading up on various threads, trying to prepare myself!!!

[passivenomore]

Been to court and filed the N1 today!!

 

Used the standard template in the library. Now it's time to download the relevant documents and legal waffle needed in preperation for my court bundle!!

I'm getting there...

[nicsussex]

Don't really need to start preparing your bundle yet - but have a read around and be aware of what you need to prepare

[passivenomore]

Update...

 

Recieved a "notice that acknowledgement of service has been filed" letter from court today. SC&M are intending to defend. They have 28 days from "the date of service of the claim form" to file the defence. The "notice of issue" said that the claim was deemed to be served on 2nd June... is this the date that the 28 days starts from???

[BARTY]

Hi

Yes that's right.

Barty:)

[passivenomore]

Thank you Barty!!

 

Will keep you informed.

[passivenomore]

Update time!!!

 

Recieved Lloyds defence (via the court). I believe it to be the standard 9 point defence, mentioned on many threads here.

 

Here is a brief outline, courtesy of Lisam696969 (thanks!!):

 

1. The Claimant Has Been A Customer Of Bank At All Material Times

2. By Opening An A/c With Bank Enter Into A Commercial Agreement With Bank , Entitled To Charge For Banking Services By Using A/c Customer Acknowledges The Charges Are Incorporated Into A/c . Etc Etc.

3. By Maintaining The A/c In Credit Or Within Limt Set Can Avoid Any Or Most Charges . If Customer Fails To Ensure Sufficient Funds Then Making A Request To Borrow Banks Money .and Then Bank Provides A Service. Etc Etc

4. There Is No Breach Of Contract Etc Etc.

5. Given Advance Warning Of Any Charges And Letters Sent In Advance Etc Etc.

6.the Charges Are Fair And Reasonable And Not Unlawful.

7.customer Notified Of All Charges In Plain English At Hte Conclusion Of Contract And On Statements.for Service Provided Under Reg 6 Of Consumer Contracts Regulations Are Not Subject To Assesment Of Fairness.

8. Not Penaltys Or Damagesthey Are Charges

Entitled By Contract And Fair And Reasonable .

Denied That Unlawful Or Contravene Any Statute .

9.Claim Denied In Its Entirety And Not Entitled To Claim Anything.

 

There is no mention of AQs (allocation questionaire) in the covering letter, so am I correct in thinking that this is not going to be required, as seems to becoming the norm?

 

Also, I not from the defence that they have written nothing in relation to my claim being over 6 years. Is this a good sign?

 

[nicsussex]

If that is the defence you have received then it is perfectly standard and nothing to worry about

[passivenomore]

Firstly... thanks nic for your reply. I really appreciate your input, especially as you spend so much time giving your advice and help to many, many others here... thanks!!

 

Also, a big hello to deep... , who has subscribed to this thread. Feel free to join in (when you get back from your hols!!! ).

 

I got TWO letters from the court yesterday, both saying the same thing... the court have received my allocation questionaire and I now need to pay the fee of £100.

 

Somewhat startled, as I hadn't had any correspondance inviting me to send in a AQ, let alone sent one in!!!

 

Thinking that they have dispensed with the AQ and just not informed me, I went in there today and yes, AQ has been dispensed with.

 

I have printed out the draft order and covering letter here:

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

This will be sent off tomorrow... unless anyone thinks differently!!!!

[nicsussex]

Sounds good to me - keep it up

[Guest deep]

I'm still here and watching with interest;)

 

Regards

 

Deep

[Pandora_nini]

Hello Passive, just thought I would drop by and see how you were doing in view of the OFT announcement?

 

Hope all is okay

[Guest deep]

Me too Passive, how you getting on

 

Deepw

[passivenomore]

Hi Pandora... Hi Dee...

 

How lovely of you both to pop by!!! I trust you're both well.

 

No news here... STILL waiting for a court date... and impending application for a stay!!! It's been a while since I sent the Draft Order off to court, so I guess a call to the court will have to be made soon. Post Office strikes aren't helping... especially as my postman seems to be under the impression that he only has to work one day a week whilst it's ongoing!!!

 

On the other hand... my plans on claiming my business a/c charges are being brought forward. I was going to wait until the personall a/c had been settled before hitting them with the business, but with the possibility that it may well become drawn out, I thought sod it!!!

 

I'm currently working on adapted POC's and when they're ready "passive v LTSB business" will be launched to keep everyone updated!!!

 

Take care... and stay in touch!!!

[Guest deep]

How are things going passive:idea: :idea: :idea:

 

Regards

 

Dee

[passivenomore]

Hi Dee...

 

Spooky you should choose today to drop by again, as I was going to supply an update tonight!!!

 

I've not been around too much the last couple of weeks, so have some catching up to do!!

 

Anyway, I finally rang court today as I still hadn't been sent a court date. Apparently, Watford District Judges are taking it upon themselves to issue blanket stays to all claims until 31/3/08. I got the impression that they are not even waiting for the banks to request them.

 

I'm a bit irritated as the N1 was filed so long ago, but kinda thought it would come to this. Obviously, there are templates here to oppose the stay, so I will go down that road when confirmation of the stay is received.

 

Regards the business claim, I have had a reply from photoman (re: POC), so hopefully, will be in a position to file claim soon.

 

Ps. Dee... will pop over to see how things are on your thread!!!