Beckett v Lloyds TSB - Going Back More than 6 Years

[TBeckett100]

defence registed with MCOL today (they seem to be acting fast!)

I am going to need help with this one as they will, I am sure try and rubbish my claim given the age (1998-2000) of the fees. fingers crossed for their response.

[TBeckett100]

could one argue the visit by lloyds collections to strip me of my card could be used as an argument point when stating that if my bahavoiur was in the t&c's, then why would Lloyds come for my card at my home address?

[redeyedamo666]

Might be worth mentioning

[TBeckett100]

Lloyds were served the claim on the 11th, they acknowledged on the 16th and defended today, my claim is going back to 98-01. should i be worried?

 

also realised that when calculating 8% i listed all charges and refunded charges by didnt knock off the interest on the charges that wew refunded (though it isnt clear from the statements which charges these relate to

 

have i fouled up?

[nicsussex]

you might get a better reasoned response if you stuck to the one thread

[TBeckett100]

noone replies to my main thread, sniff

[TBeckett100]

afterall why would the bank take the cards back when i am within the t&c's

[TBeckett100]

received 10 point defence

 

1) bank admits I have been customer

2) By opening account, I agree to the bank charging for services

3) Keeping inredit i would avoid charges

4) no breach contract has occured charge cannot be a penalty

5) customer given advance warning of charges

6) charges fair and reasonable

7) customer notifed chasrges in a clear language

8)charges for service and are not penalties

bank entitled to impose charges,

9) claim is based on charges prior to 6 years claim is statute barred, particulars do not show how claim arrived at

10) claimant not due a penny

 

what now then. can I request a strike out based on the bank settling before cases are due?

 

help!

[TBeckett100]

bump

[GaryH]

Have you received an AQ? If so you can attach a strike out application. See the thread titled 'AQs - stays and strike out request' in the stickies.

[TBeckett100]

Hello

 

I am claiming only for the period of 1998-2000 when the account was closed.

 

The lloyds defence brought this matter up and said the claim was not valid.

 

i have received the following

 

DISTRICT JUDGE XXXX has considered the statements of case and allocation questionnaire (there wasnt one) filed and allocated the case to the small claims track.

 

The hearing of the claim will take place at 14.00 on the 7 September 07 at Reading County Court and should take no longer than 10 MINUTES

 

the court must be informased if party settle etc

 

Each party shall deliver to every other party and to the court copies of all documents on which he intends to rely on no later than 14 days before the hearing.

 

Original documents should be brought to the hearing.

 

1) should i be worried about the 10 mins as this seems like my case will be chucked out over time barring

2) are they asking me to submit the bundle everyone discusses on here?

 

Should I take it to the 16th day before and submit in the hope they settle or what?

 

Help.

[zootscoot]

Wow Reading court does hear some case then!

 

The fact that the court has only ordered 10 minutes should not indicate a great deal. Its quite common for courts to allocate a short time period for claims as they know the banks are likely to settle.

 

They are asking for the bundle to be submitted 14 days before hearing which is standard practice in small claims.

 

Start reading up on the Limitation Act and related case law if you haven't already.

 

Best of luck

 

Zoot

[TBeckett100]

i havent heard a bean from SCM they have defenced and my court date is through, shouldnt i have heard now as sone have recived offers be3fore the court date??

[zootscoot]

There does not appear to be any set time table for offers. Some have received them quite early on others are later. I shouldn't read anything into their silence. I think they are simply trying to struggle with the workload.

[TBeckett100]

spoke to SCM they are still waiting to hear from lloyds whether they wish to make a settlement or defend

[John72]

Hi

 

I've had exactly the same discussion today with SC&M - said they'd heard nothing from LTSB - I wonder who is fobbing who off?

 

J

[christinajanep]

thats the normal speal from [problem], or that they cant find ur file and will call u back

[TBeckett100]

the person i spoke to seemed genuine enough and it makes sense, launch a defence, buy time and wait for LTSB to confirm what they wish to do. fiver says they take mine to the court sice i am claiming back o/s the 6 years

[TBeckett100]

please list any wins here to help others who may also be worried at having to wait a bit longer.

[dolly]

This is a good idea - I also think it would be good for any of us with definite court dates to list them. That way, we can see if any are settled or put on hold.

 

Mine is 22nd August (claim filed in March)- no letter or anything yet.

[BARTY]

Hi

There are a list of Lloyds Court dates here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates

 

Barty:)

[passivenomore]

Barty...

 

Glad you've sorted out your "error" problem now!!!

 

I hate to be the bearer of bad news though... your link above should have been an "error"!!!

 

Is this the link you meant?...

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates.html

[jdaraf]

I have been in contact with my local county court who say my court case goes on as planned for the 17 Sep 07. I have also previous to the notification of the test case had a letter from bank's solicitors wanting to discuss settlement. It will be interesting to see if they make an offer prior to my court case or test case result. Will keep you posted.

[TBeckett100]

A new tact

 

I am in the financial industry and it seems that some people are getting payouts awarded before others despite it being at the same stages, the FSA recently brought in the TREATING CUSTOMERS FAIRLY regime

 

Consumers can be confident that they are dealing with firms where the fair treatment of customers is central to the corporate culture;

 

if the judge does award a Stay, I think CAG etc need to post a firm appeal template against this.

[BARTY]

Barty...

 

Glad you've sorted out your "error" problem now!!!

 

I hate to be the bearer of bad news though... your link above should have been an "error"!!!

 

Is this the link you meant?...

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates.html

 

Hi

Yes that's the one!

Thank you, I do seem to be having a bit of trouble with my links lately;)

Barty:)