my mother v Lloyds TSB **WON**

[BARTY]

Congratulations!! :D

There is a letter in link below to send to Court if you want to use it:

http://www.consumeractiongroup.co.uk/forum/post-487345.html

 

Barty:)

[fitsw6]

Thank you Barty.

 

Should I include in my letter to the court:

 

1. Respectfully inform the court that I also intend on asking the bank to refund charges made since this claim started and that I hope they have the decency to refund me BEFORE a claim is even begun?

 

2. Enclose the .CSV list of all settled claims (I cant find the link).

 

3. Enclose details of orders made by the judge for striking out the Defendants claim (help with how to word this please).

 

 

 

Also, I have just emailed Lloyds ([email protected]) asking them to refund the 4 charges made since this claim started and hope that they refund within 14 days or I will start action again (following the guidelines set out on this site of course).

 

OK so far???

[fitsw6]

This is what I intend on sending the court and I would appreciate your comments before I post:

 

The Court Manager

Bristol County Court

 

13th February 2007

 

Dear Sir/Madam

 

Mrs Vivien M Lloyd -v- Lloyds TSB Bank Plc

Claim Number: ********

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £655.35, by way of a credit to my bank account on 12th February 2007. As such, no further action is necessary in respect of this claim.

 

I have respectfully enclosed a list of 528 claims (529 if you include my claim) that have been successfully settled by the banks (including 37 settlements by Lloyds TSB) before attendance in court. This is a very common occurrence with the banks, that they wait until the very last minute then settle in full knowing full well that they have no intention of defending in court. This only goes to show how they intentionally waste valuable time and expenses on the part of the claimants involved and the courts.

 

I also enclose a copy of a General Form of Judgement or Order made by the District Judge in Lincoln for your information.

 

Further, in relation to my claim, the Defendant failed to file any documents to the court, breaching the orders made by District Judge Daniel on 29th November 2006. Again this is typical of the Defendant’s approach in other cases of which we are aware.

 

The Defendant’s unreasonable approach in defending a claim it always intended to settle has directly incurred us unnecessary costs as outlined in the attached list of costs, and therefore we respectfully request that the Court consider awarding these costs, or such 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 would also like to bring to your attention that since this claim began, Lloyds TSB have applied four more charges to my bank account and I have written to them asking if they would consider refunding these charges on the grounds that they have refunded £655.35 in previous charges on 12th February 2007. I hope that one letter is all this will take this time and that you wont be hearing from me on this matter.

Please accept my sincere apologies for 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.

 

A copy of this letter, with attachments, has been sent to the Defendant.

 

Yours faithfully

 

 

WITH:- (thanks to lucid for this)

 

Total Costs Incurred in Pursuing the Claim

1. Correspondence since filing the claim

Original letters to the bank, and all relevant correspondence including court documents like the Allocation Questionnaire. The Claimant requests a repayment of £2 per correspondence to recover postage costs and stationary.

 

TOTAL: £20

 

2. Document bundles

The Claimant posted one document bundle to Sechiari, Clark & Mitchell and one copy to the court on 5th February 2007. The bundles were posted in a package together and the Claimants used Royal Mail Recorded Delivery. The total cost of postage was £3.16. The Claimants would also like to recover an additional £2.00 to recover packaging costs.

TOTAL: £5.16

 

3. Paper and printing costs

The Claimant estimates that throughout the whole claim they have used a total of 200 sheets of paper – the majority of this from producing three duplicate bundles. The Claimant used their own multifunction printer at home for all printing and photocopying and feel that a reasonable cost to cover the toner and running of the printer would be 5p per sheet of paper printed.

 

TOTAL: £10

 

The Claimant would also like to recover the costs of purchasing the paper for the printing involved. Approximately ½ a ream has been used at a cost of £1.99.

 

TOTAL: £1.99

 

4. Preparation time

The Claimant estimates that they have spent a minimum of 30 hours in preparing letters, document bundles and case notes. I respectfully request an award of £9.25 per hour for my time spent.

TOTAL: £277.50

 

__________________

TOTAL COSTS INCURRED: £314.65

 

[fitsw6]

any advice please?

[lucid]

CONGRATULATIONS!

 

Hi fits,

 

Firstly congratulations to you and your mum on your victory.

 

Right, I wouldn't include any reference that you are going to pursue more charegs from Lloyds - that is irrelevant to the court at the moment (in my opinion). I would then edit down the spreadsheet so that you only have Lloyds settled cases listed as they are the most relevant. The Lincoln abuse order is:

 

General Form of Judgment or Order

 

To the Claimant

 

xxxx

 

 

Before District Judge xxxxxx sitting at Lincoln County Court.

 

EX PARTE

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.

 

Dated 28 December 2006

 

The paragraphs you have written in reference to the bank messing around are fine but you might want to elaborate a bit more - particularly when referring to the Judgement Order. As a guide we put:

 

However, we believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because we believe the Defendant had no intention of ever defending this claim at a hearing. We enclose a copy of a General Form of Judgement or Order made by a District Judge in Lincoln for the court’s consideration, for a case in which Lloyds TSB Bank PLC was the Defendant. We also enclose a list of all cases of which we are aware in which Lloyds TSB Bank PLC was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant.

 

Further, in relation to our claims, the Defendant failed to file any documents to the court, breaching the orders made by District Judge Levinson on 11th October and 23rd October. Again this is typical of the Defendant’s approach in other cases of which we are aware.

 

If you want to use all of that or any of it then feel free - it's what it's there for.

 

With reference to your schedule of costs:

*Watch out for leaving in Claimants when it probably should be Claimant in your case.

*Point 3 of our schedule of costs I've just noticed a mistake. We put three duplicate when it should have been three triplicate for us. Fits I would amend that for you claim so that it says:

 

.... the majority of this from producing three copies of the document bundles.

 

I think that makes more sense. Also make sure in you actual letter to the court you change all of the we to I.

*If you can then in point 1 it will probably come across better if you can itemise each letter sent - possibly with tracking reference numbers.

 

Other than that it's fine. Be sure to tidy it up so you are talking in the right person (I instead of we) but that's fine.

 

Good luck. Lucid

[fitsw6]

Thank you Lucid. Your help is invaluable

 

But I dont have all the dates of ALL the letters sent and I only have 2 receipts for when I sent the court bundles to SC&M and the court. I guess I'm hoping the judge will know all the effort it has taken to get this far and as I havent asked for a lot on this matter, the judge may consider this part of the claim as well.

[fitsw6]

Do you think we should recommend to the court that the court claim thier own costs from Lloyds TSB as we are claiming ours?

 

That would make the banks think twice!

[lucid]

Don't worry if you don't have the dates of when you sent each letter. I was jnust pointing out that you're goping to claim for 10 letters at £2 so it might look better if you can itemise each letter. For example:

 

1. Preliminary approach for repayment £2

2. Letter Before Action £2

 

etc....

 

It's just better to try and put in as much as you can - I think. My first attempt at a schedule of costs didn't go into a lot of detail because it was done very late at night and I was very tired by that point, but GaryH pointed out that the Judge would probably consider it a lot better if I put in as much info as I could. Upon looking back at my first attempt I realised that the Judge would probably wonder where I got all of these figures from as I hadn't properly explained any of it.

 

Just consider it as the last part of your claim and it could be a nice bonus for all of your efforts. Definitely worth the time - especially if you get a response from the Judge like we did. We may not necessarily get the costs but it was good to know the Judge didn't instantly dismiss it like they could have done - and like we expected.

 

Lucid

[fitsw6]

OK ive done everything you advised (I wont put it all here again) and this is the biggest change:

 

 

1. Correspondence since filing the claim

Original letters to the bank, and all relevant correspondence. The Claimant requests a repayment of £2 per correspondence to recover postage costs and stationary.

1. Preliminary approach for repayment.

2. Letter Before Action.

3. Claim sent to court.

4. Allocation Questionnaire.

5. Form EX160.

6. Response to General Form of Judgment or Order dated 1st November 2006.

7. Letter to SC&M dated 9th February 2007.

8. Today’s correspondence.

 

How does that look?

[lucid]

Yes that's fine - although you're two letters short if your reclaiming £2 per letter and originally totalled up £20. Otherwise it's fine - the only suggestion I'd have would be if there are any letters you still have on your computer and so know the date you put on them, then add the date in brackets after the letter description.

 

Good luck and well done again. Lucid

[fitsw6]

hmmm I guessed the letters originally :o but after going though everything it comes to £18. I will add the dates.

 

Thank you so much Lucid

[fitsw6]

Update.

 

Sent email to the bank asking for the charges that have been taken since we started the original calim to be refunded.... and it took them less than 2 weeks to refund the wole amount.

 

A further charge of £30 was then taken of which we are still waiting to have refunded.

 

On asking the court to award costs to us (as done by Lucid), the court appears to have misplaced our letter and will get back to us next week.

 

(ps.. if any mods read this please move this thread to the 'WON' forum. I have asked but I guess you are all busy)

[fitsw6]

:D :D :D

 

I had to resend my papers to the court as they had misplaced them... and today I got a 'General Form of Judgment or Order' back from the court that says,

 

'It is ordered that

1. Defendant to pay claimants costs, the court being satisfied that the Defendant acted unreasonably in defending the claim without any intention of allowing the matter to trial.

 

 

2. Claimants cost summery at £85.41, based on Claimants schedule but allowing 5 hours preperation time in place of 30 hours.

 

3. Defendant to pay £85.41 to Claimant by 4pm on 18th April 2007.

 

 

My thanks to Lucid who inspired me to put this claim in and hopefully, those of you that have your charges refunded in the 11th hour will also be inspired to put a claim in for your own personal costs - with success.

 

If more of us do this then perhaps the banks will really start thinking hard about delaying and the courts will be encouraged to stamp down hard on banks that try and dely.

[BARTY]

Hi

Great news!

Barty:)

[irishrose]

It was worth the extra bit of hassle at the end, wasn't it.

 

Well done.

[fitsw6]

Thank you

 

David Vs Goliath or The Comman Man Vs Lloyds TSB - the outcome was the same lol

 

I just noticed GaryH has a sticky about claiming costs - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html#post563326

 

 

POWER TO THE PEOPLE

[fitsw6]

The bank has paid our charges, 3 days late, but this claim is now finally over. Case closed!!!

 

Now I go to work claiming back almost £1000 for my brother.

 

I hope he pays me

[livelylad]

Congratulations

 

I have moved your thread

[BankFodder]

Fitsw6

I have sent you a pm

[chocolatte]

This didn't work for me as the Sheriff Clerk told me that because the Extract of Dismissal has been granted I can no longer claim for costs. If I wanted to claim further costs I would have had to do it before the court date? ie, before the case was dismissed????

[fitsw6]

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