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Ukcrow v Lloyds TSB ***WON***


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Sorry for those already in the know but i thought it was worth pointing out that if your a full-time student and thinking of requesting your bank/cc charges back, dont be put off by the thought of stumping up the deposit for a court claim,

 

If you can prove your a student in full time education then you can fill out the fee exemption form EX610 available from the courts and probably somewhere online.

 

Anyways good luck everyone, im due to take on 6 banks and two credit card issuers all at once, the thought of six lots of £80 certainly didnt look good next to my student nurse bursary untill today!beerchug.gif

 

Take Care - monty :D

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  • 2 weeks later...

Hi there,

I'll try to cut the story down as much as possible,

Basically since going 5p overdrawn after xmas and being subsequently charged the usual £30, i have been charged every month since, (which finally got me into the business of claiming it all back) However somethings been quite amiss since the charge after xmas. Lloyds very pleasently informed me that:-

 

'we know how easy it is....to go overdrawn...- However we will not be charging you this time.' blah blah,

 

Im sure a lot of you have had a letter like this before, so with this reassurance i budgeted my income and spent wisely while still staying in my overdraught. However they charged me the £30 anyway, thus taking me over my limit again!!

 

This has happened every single month since and from thinking it was an error on my behalf i am quite frankly absolutley fuming:evil::evil: upon discovering they've had the cheek to do it again.

 

I am just about to send my LBA to them and this certainly hasnt helped my confidence in them.

 

I spoke to a lovely lass called Lynda over the phone not 30 mins ago who informed me that i was right and that they had been sending the wrong letter!!

Is this just me they are doing this god almighty cock-up to?

 

If i dont manage to get this £30 charge wiped off tommorow morning when i visit my local branch im due to recieve another £90 in charges subsequently next month as i have 5 £10 cheques coming out for my data requests.

 

Please if this has happened to anybody else speak up. I've crawled through the fee's and charges on their website and can find absolutley no reasoning for them to be allowed to do this.

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  • 2 months later...

Hello all,

 

I've been progressing recently with quite a few claims in the background and have been soaking up all the information form others and their claims.

I filed my claim through my local county court (Guildford).

 

The claim was issued on the 02 may 2007

acknowledgment filed: 21st May 2007.

 

I received their standard 9 point defence on the 6th June and have heard nothing since from court or defence.

 

However! i realized i have just realized to my horror that i've made a bit of a balls-up on the n1 form.:o.

 

Upon completing the form i attached the relevant schedule of charges, but i forgot to expand the columns to reveal the 8% interest and 'days since' so in essence all SC&M and the court received, were the same schedule as per LBA and Prelim.

 

Before i trotted down to the court i asked via the chat room how to calculate the interest and was told, 'just calculate 8%' in as many words.., so from £772 of charges i calculated interest at £61.76. (i.e, 8% of total figure)

Total £833.76

 

All was going fine i thought untill i completed two other N1 forms for other banks and noticed my error.

 

My POC'S read, as per the old 6 point template, with point 5, c reading:

 

interest persuant to section 69 County Courts Act as set out on the attactched list of charges or at such rate and for such periods as the court deems just.

 

Obviously all the defence has is a list of charges with dates, no actual interest calculation. Upon refiguring my schedule of charges, the interest APR at 8% is actually £133.79 not £61.76..:???:

Total : £905.79

 

My questions are,

 

a) is it possible to rectify this error at this point in my claim.

b) Could this mean my claim could be struck out or stayed Re Hull etc.

 

Thankyou for reading through.

 

:-)

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Hi

You could probably amend your claim, but it will cost £35 which is not claimable and could possibly delay your claim. If it were me I would just leave it.

Good luck!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thankyou Barty,

 

- Yeah im cool with leaving the interest as it is, i'll jus take it as a lesson learnt. Was just making sure that the boobie in question wouldnt throw my argument out the window in court if lloyds contested it.

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Hi All,

 

After waiting quite some time to hear anything form either SC&M or my local county court (Guildford) i popped in the other week to see what was going on, i thought that perhaps another mass hearing would take place akin to the Successes of June 14th previous. The kind chap at the front desk told me that they were waiting for a QC to set directions, so i waited and twiddled thumbs a little more.

 

Today i received the following:

 

Before his Honor Judge Reid QC, sitting at Guildford County Court....

 

It is ordered that..

 

Directions

  1. The claim is allocated to the small claims track
  2. The hearing will take place at a place, time and date that will be notified to both parties.
  3. The defendant shall no later than 4pm on 16th July 2007 serve on the Claimant and lodge at court a document answering the following questions; (a) Is the case intended to be contested to and at trial? (b) Does the defendant intend to apply to adduce expert evidence?
  4. If the Defendant fails to lodge at court a document in accordance with paragraph 3. above the defence shall stand struck out and judgement be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.
  5. Each party shall serve on the other the witness statements of all witnesses on whom they intend to rely
  6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted.
  7. No party may rely on the evidence of any witness whose statement has not been served in accordance with this order without further permission form the court.
  8. No more than seven nor less than three clear working days before the trial date the claimant shall file at court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedures Rules and the practice direction thereto, and shall serve a copy of it on the defendant. The claimant shall endeavor to agree the contents of the bundle with the defendant before it is filed. If the claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order
  9. Because this 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 an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

Is it likely given these directions which i have never come across before, that SC&M will settle in the very near future rather than comply with direction 3? Also is there anything i should be doing at this moment in time or should i just wit to see if they comply with directions?

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Directions

  1. The claim is allocated to the small claims track
  2. The hearing will take place at a place, time and date that will be notified to both parties.
  3. The defendant shall no later than 4pm on 16th July 2007 serve on the Claimant and lodge at court a document answering the following questions; (a) Is the case intended to be contested to and at trial? (b) Does the defendant intend to apply to adduce expert evidence?
  4. If the Defendant fails to lodge at court a document in accordance with paragraph 3. above the defence shall stand struck out and judgement be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.
  5. Each party shall serve on the other the witness statements of all witnesses on whom they intend to rely
  6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted.
  7. No party may rely on the evidence of any witness whose statement has not been served in accordance with this order without further permission form the court.
  8. No more than seven nor less than three clear working days before the trial date the claimant shall file at court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedures Rules and the practice direction thereto, and shall serve a copy of it on the defendant. The claimant shall endeavor to agree the contents of the bundle with the defendant before it is filed. If the claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order
  9. Because this 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 an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

Is it likely given these directions which i have never come across before, that SC&M will settle in the very near future rather than comply with direction 3? Also is there anything i should be doing at this moment in time or should i just wit to see if they comply with directions?

 

The bit I have highlighted in red is VERY good news! :-D If they reply and say "yes, we do intend to go to court", and then settle, the judge will NOT be impressed. If they reply and say "no, we don't", the judge will NOT be impressed. If they don't reply, the judge will NOT be impressed and will strike out their claim. So all in all, a very nice order, and I should think they will settle sooner rather then later, instead of facing the judge's wrath.

 

The bit I have highlighted in blue is the part to worry about IF they haven't settled before hearing, as it is very detailed. However, it seems to me that even then, the judge is putting additional pressure on the other side, and is intent on this case never ending in front of him. ;)

 

I would be very surprised if you didn't get your full settlement before the 16th. :D

 

PS: Have merged your 4 threads together, please stay on one thread per claim, it makes things a lot easier to follow.

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Thanks Bookworm, i thought it was good news when it dropped through the door this morning. Thanks for unraveling it a little.

 

TBH, i could tell from the mood of the local court staff that something like this was coming. They told me they have dedicated one office desk just to pile them up on top of,- theres that many.

 

If im right this looks like the the plan of direction for everyone in Guildford County court. I would imagine im not the only one who will be recieving this.

 

:)

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  • 2 weeks later...

Have phoned the court today and SC&M have unsurprisingly not responded to direction three, No document has been received by either me or the court.

 

I am wondering what i need to be doing next? The directions state:

 

"the defence shall stand struck out and judgement be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid"

 

Do i just sit tight and wait for the court to contact me?

 

:)

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I would send a letter to the court pointing out the non-compliance and respectfully requesting that judgment be given in your favour, as per judge XXX's order dated XXX. ;-)

 

Keep us updated. :-)

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Although my circumstances were slight different, you should be able to cobble a letter from these 2 posts:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-6.html#post812256

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-7.html#post871094

 

I would apply for judgement as the latter post too using form N225.

If I have been helpful please click on my star and add a comment.

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I have just put together a letter to the court to get things moving as quick as possible,

 

 

 

To Whom it may concern,

 

I refer to the matter above and the order made by His Honour Judge Reid dated 02nd July 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served a document, as specifically directed in direction 3.

 

Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984).

 

Further to this I believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because I believe the Defendant had no intention of ever defending this claim at a hearing. I respectfully request that the Court consider awarding costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):

 

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

I aoplogisefor the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

 

Yours Sincerely,

 

 

Mr U.

I think this should do the trick, Thanks Guidot for the reference to your post! I have taken bits an bobs in order to put it together. If you have any thoughts or can spot any glaring mistakes feel free to post. :p

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Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984).

 

There's no verb in that sentence. Otherwise, thorough spellcheck and you're set. ;-)

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On a side note...

 

Is it worth making other claimants aware of the directions currently being set by Guildford County Court for use in their own claims as nudges to their local courts?

 

Already done, check in the "Campaign" forum, the strike out thread, you and another claimant are in there as of this afternoon. ;-)

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I would leave the costs part out for now, get judgement first and then seek your costs later. One step at a time.

 

Although probably only minor, but does your £61.76 include interest arising since the filing of your claim?

 

I would just make a reference to the fact you will be claiming costs but no more in your letter.

'In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.'

If I have been helpful please click on my star and add a comment.

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Good point Guidot, i was deliberating over jumping too many hurdles in one go, i will amend accordingly.

 

Unfortunately i made a bit of a cock up on my N1 form and calculated the 8% APR based on 8% of the total amount not on an annual rate, :rolleyes: (whoops) I have left it be rather than amending my claim.

 

Muchos Appreciated!

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Amended version:

 

To Whom it may concern,

 

I refer to the matter above and the order made by His Honour Judge Reid

 

I advise the court that the Defendant has not complied with the said order, in that it has not served a document, as specifically directed in direction 3.

 

Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984).

 

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

 

Yours Sincerely

 

I have a sneaky feeling that due to the postal strike last thursday (i think) i might receive something through the door this morning!

 

Im off to trundle down to court later on anyway to lodge a Data Protection Act noncompliance enforcement on HSBC (its taken over 140 days!) file a claim against Barclays, and check where my three other claims are, lol.

 

 

On a totally off the subject point that had me in creases this morning, was the leading story about the unfortunate Kerry Katona being held at knife-point by captors in the recent burglary:

 

GMTV news!: 'Mrs Katonas ordeal was made even worse by Mrs Katonas fear of knives...,

 

 

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