ron v lloyds tsb

[neonron]

hi everything so far as gone more or less the same way as everyone else.

we are at the stage of waiting for court date and allocation form, a little scary in the least ,

basically best to read as much as you , and never forget to double check forms etc,,, that you send always send recorded or sepcial delivery,

just check today with mcol site and lloyds have put in a defence, bit confusing as date says defence 05/03/2007 but that when we filed with mcol not thwn they entered into a defence, but there u go,

will keep up dating as much as possible, if anyones got any advice as to what we could expect or what we need , we think that lloyds will even got to court and attend if our lucks anything togo by, but we will be the 1st if they do, but we will stick with it,

thanks for now ron

[GaryH]

Hi Ron,

 

Expect a copy of the defence any day now then, along with a copy of the allocation questionnaire.

 

The defence will more than likely contain 9 points and be full of nonsense about "service charges", etc, etc. Don't let it put you off, its all bluff.

[neonron]

Hi Ron,

 

Expect a copy of the defence any day now then, along with a copy of the allocation questionnaire.

 

The defence will more than likely contain 9 points and be full of nonsense about "service charges", etc, etc. Don't let it put you off, its all bluff.

hi thanks m8 i will probably be back for help when it arrives .

this site has helped me lets just hope we get our cahs back at the end of this so we can help the site too

thanks ron

[neonron]

hi thanks m8 i will probably be back for help when it arrives .

this site has helped me lets just hope we get our cahs back at the end of this so we can help the site too

thanks ron

 

hi gary and everyone,

sure enough we received the defence and allocation letter today, 9 reasons

1. the defendent lloyds tsb plc registered office etc....

2. by opening an account with the bank the customer enters into a commerical arrangement,to charge for those services.

etc....

3,by maintaining the account in credit or withn any agreed limit the customer may avoid charges,goes on as before ect....

4.THERE IS NO BREECH OF CONTRACT THEREFORE THE CHARGE CANNOT BE A PENALTY. CONSEQUENTLY THERE IS NO REQUIREMENT THAT THE CHARGE BE A PRE-ESTIMATE OF THE BANKS LOSES.

5 the customer is givienadvance warning of charges if any ,the customer as incurredduring the corse of the month,etc...

6.THE CHARGES ARE FAIR AND REASONABLE,AND IT IS DENIED THAT THEY ARE UNLAWFUL.

7

the customer is notified in plain inteligible language at the conclusion of the contract,and on each monthly statement.etc,,,

8.1 the charges are for banking services, and are not damages nor A PENATLY;

8.2the bank is entitled by contract to impose the charges ,which are fair and reasonalbe,

8.3IT IS DENIED THAT THE CHARGES ARE UNLAWFUL OR CONTRAVENE ANT STATUE OR REGULATION.

9.

the claimants claim is denied in its entirely. it is further denied that the climant is entiled to th sum claimed or any sum from the bank

 

this is what came with the ALOOCATION FORM. IM JUST HOPING THIS IS STANDARD PLEASE PLEASE put my mind at ease .

and what should we now do , the court that we have to take the allocation too is our local county court .and with a sum of £100.00 to submit it as claim is above 5,000

thanks ron

[nicsussex]

Perfectly standard (I have quite a collection of these now) so no worries there. Complete the allocation questionnaire and send one copy with cheque for £100 (not just because it is over £5000) to the court and also send a copy to SC&M. Never know you might even get a settlement then - but don't get your hopes up!

[neonron]

Perfectly standard (I have quite a collection of these now) so no worries there. Complete the allocation questionnaire and send one copy with cheque for £100 (not just because it is over £5000) to the court and also send a copy to SC&M. Never know you might even get a settlement then - but don't get your hopes up!

hi thank you can you tell me who or what sc&m are please not too sure.

thanks

[nicsussex]

The lovely Secchiari Clark & Mitchell solicitors to LTSB (or a division of LTSB depending on your view). Is this not who you got the defence from?

[neonron]

hi yes it was hun sorry brains just about gone .

right just a few things, we are getting alot of help from someone we regard as a real helpful friend angela who has sorted these claims for quite a few people and won,

im trying to get everything together ready for court too, even though we are only at the stage of filling in the allocation letter,

as the claim is for above 5,000 we are going to try and submit as a small cliams track ,instead of fast track, angela is helping us fill the forms too,

ive printed all the letters off that we sent lloyds and the replys and the spread sheet of the charges , which include daily rates of interest, etc...

so im presuming that we send all copies we intend to take to court including a copy of the allocation (or dont we send a copy of that) to sc.&m as well as the court.

or do we just send the allocation letter and fee to court to start with and take the letters ect when we go to court

bit confusing now ,

think best thing todo is to start from a and work through if any one has any advice,

a) we have the allocation form , so we fill this in .

what protocol is this ? do we use small clims track or fast track as the claim is above 5,000 would it be rejected if we tried using small cliams track. the court we after to return the allocation form too is out local wakefield county court, and not northhampton where we filed with mcol

so thats a good sign

once filled in send it to the court ,

and we send what to sc&m

the spread sheet , letter we send to them and replys they sent us, and which other documents or letter to help our claim,

not sure.

if we get a court date how can we ask our nearest court buddy to come with us ive tried the link for a courtbudy but nothing had happened ,

well sorry ive gone on a bit but im confussed

thanks

[nicsussex]

At this stage all you need to do is complete allocation questionnaire and return to court with cheque - also copy to S,C&M. The other documents that you refer to will need to be submitted in your court bundle but no need to do this until you have a court date. Did you send a schedule of charges with your original claim?

[neonron]

At this stage all you need to do is complete allocation questionnaire and return to court with cheque - also copy to S,C&M. The other documents that you refer to will need to be submitted in your court bundle but no need to do this until you have a court date. Did you send a schedule of charges with your original claim?

we sent schedule of charges with the 1st 14 day letter , then we sent a second 14 day letter then we sent the letter before court action, then we filed at court through mcol

so we need to copy the allocation form and send that to sc&m then as well as court

thanks

[nicsussex]

no problem - help is always at hand

[The old chap]

Hello. My wife and I have just passed that stage and are waiting for the Court date. The funny thing about Lloyds defence is they say I quote 'That the Claiment's claim is denied in its entirety. It is further denied that the Claiment is entitled to the sum claimed or to any sum from the bank'.

tYet hey have paid £750 into my account and thro the FOB offered my wife £1350. I would have thought that that was some form of recognition would'nt you. We have continued the claim through the courts..

[nicsussex]

Lloyds would claim that these payments are a gesture of goodwill and are offered without any admission of liability. Of course however we know different

[neonron]

Hello. My wife and I have just passed that stage and are waiting for the Court date. The funny thing about Lloyds defence is they say I quote 'That the Claiment's claim is denied in its entirety. It is further denied that the Claiment is entitled to the sum claimed or to any sum from the bank'.

tYet hey have paid £750 into my account and thro the FOB offered my wife £1350. I would have thought that that was some form of recognition would'nt you. We have continued the claim through the courts..

 

hi yes we was paid the 750.00 a week ago and received the allocation form today but the more i try to fill it in the harder im finding it, the claim is for over 5,00 so we are not sure which track is best small clims track or fast track, part 1 the ---------protocol apllies to this claim

have you complied with it yes/no

part 2 no pre-action protocol apllies to this claim .

have you exchanged information and/or documents.with the other party in order to assist in settling the claim,

confused

next question says what amount of the claim is in dispute ?£

aplications. have you made any aplications in this claim

was your allocatioon form the same as this

if so can you possably help

think angela is checking through the site for us too but better to have 3 heads checking and since you may have the same allocation form may help

thanks

[neonron]

hi sorry but if any one can also help with this matter

ive tried to get a court buddy but think im doiing something wrong, i get an email to me from me asking for a court buddy emmm

how do i get a court buddy

thanks

[nicsussex]

Sounds like your friend Angela would be the best bet - but don't worry about it at the moment. You don't have a court date yet and when you do is highly unlikely that things will get that far. You should of course prepare yourself as if they will though.

[neonron]

hi we are alittle confused now we did the allocation and paid 100.00 to wakefield county court , we had a reply saying it was been sent to leeds county court now we have a reply saying the following;

on 2nd april 2007

in high court of justice

queens branch division leeds district registry lucas v lloyds tsb

 

his honour judge kaye qc sitting at the court house 1 oxford row leeds considered th papers in the case and

ordered that ;

1) the claim is transferred to the mercantile court ,leeds district registry.

2) the claim is reserved for all purposes to his hnour judge kaye qc

3) because this order has been made by the court without considering representations from the parties,the parties have the right to apply to have the order set aside, varied or stayed . a party wishing to make and aplication must send or eliver he aplication to the court (together with any appropriate fee) to arrive within 7 days of service of this order,

can anyone tell me what i need todo please now as i havent got a clue and think we might be losing our case

thanks ron

ps. this started at wakefiled county then transferred to leeds county now been transferred to mercantile court and we dont know why the claim is above 5,000 perhaps this is why but please somone help as we dont want to make any errors now.

thanks ron

[GaryH]

Nothing to panic about Ron, perfectly standard as far as West Yorks claims go. They all get rounded up and sent to Leeds Mercentile Court.

 

You need do nothing at the moment, until you next hear from the court.

[neonron]

hi still not heard from the mercentile court 2 weeks now its was passed to them , and now weve just heard that someone lost against tsb ,,, as we think this is going to go into the court room we want to make sure we havent made any errors and we are ready with our court bundle to make sure we have everything correct ,any advice and any help would be really helpful,

thanks ron

 

ps/ looking into court bundle at moment on cag.bt would liketo check to make sure we dont get this wrong,

[neonron]

hi sorry just been reading afew other peoples today and im thinking on the lines i may have not done somthing or done something incorrect as we also sent a copy of the allocation to tsb solicitors along with copys of charges and this letter.

The Claimant shall within 14 days of service of this order send to the Defendant and to the Cour

• A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon

• b) Whether such charge is accepted to be a penalty, and if not why not

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order

Again make sure you can comply with the order before sending! It basically means that they have to disclose a full account of how they make up their charges before you get to court and obviously they don't want to have to do that!!! It is instead of asking for full disclosure and the judge is more likely to send it out. I found all this on the website in the court section. Good Luck.

now this was sent to tsb sols over 3 weeks ago and no replies do we need to wait till we have a court date and resend when do we send to the court any papers we set the allocation and copies of charges and the above letter to court but as we have said changed to 3 different courts now already and still no court date im really confused now and not sure how to carry on .please help

seems alot of people when theve submited the allocation and letters have been paid out before court this is why im worried incase weve done something wrong or not done something we should ave

[curlychic]

All sounds ok to me. Do you know which court is dealing with your claim ? If so give them a ring they will know whats going on.

XxXxX

[neonron]

All sounds ok to me. Do you know which court is dealing with your claim ? If so give them a ring they will know whats going on.

 

XxXxX

 

 

hi we are strugling now cant find what we need to do , we received the letter from queens bench division leeds mercantile court hearing dat set for 28th june at 10.30 am along with 123 other peoples claims

query on this is that it says

PLEASE NOTE;this case may be released to another judge,possibly at a different court,

 

has theres 7 pages without writing it all in forum it saying that we need to file papers at court asap cpr 59 which i have download the pdf for this and printed it off can anyone direct me on how to fill this in and any more information i require ,and clarify what i need for court forms etc,,,,

think weve been at this now so long i just cant think striaght ,

if anyone has tha same court date for same court please do get intouch perhaps we can help each other too ,

im doind read ups and searches on the site but as im finding it hard to understand certain things would really appreciate anyones help

thanks ron

[BARTY]

Hi

There are some people on here at Leeds on the same date:

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

 

Good luck, let us know how you get on.

Barty:)

[neonron]

Hi

There are some people on here at Leeds on the same date:

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

 

Good luck, let us know how you get on.

Barty:)

 

thank you barty just gonna check this thank you

[Calculator]

Neonron,

 

See the thread 'Leeds Mercantile Court Hearing 28th June 2007' in the Mercantile Court Cases & Stays forum. It should put your mind at ease and tell you all you need to know about the Mercantile and the CPR 59 CMI sheet with example and what has happened at previous Leeds Mercantile hearings. If you have any questions I suggest you post them on that thread now that you are on the final run-in for that hearing. There will be others in the same 'boat' as you with similar questions and that thread is the best place for them to be answered.