Beckett v Lloyds TSB - Going Back More than 6 Years

[swisstoni]

Hi

Yes that's the one!

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

Barty:)

Come on get yer bloody act together Barty! LOL:lol: :lol:

[Layla_ck]

Yes, we received part of our settlement on Monday and the rest today

[Stornoway]

I'm in court 10th august v citicards (credit card).

[carter56]

in court 7th september called court today and they said to carry on but they expect that in the next few days that cases would be stayed. if and when then i would be notifed. i had arranged with emma thompson ofbarclays lit team to call her to negotiate on 8th august but she is not answering her emails or returning calls now !!

[xiongmao]

Received letter from Lloyds Solicitors this morning offering to settle in full.

Obviously I will be accepting.

Clearly it was sent out before they knew about OFT case.

Amount is 1127.40

Will let you know when i get it

[shar 37]

HI. My court date is for the 14 AUG. I received full settlement into my bank account on Thursday £2,150.

[blackbelt]

Hi

I received a letter from SCM this morning stating that Lloyds will be settling my claim by depositing £1145.11 into my bank account. Just waiting for the deed to be done ;;;

[jeffrey62]

my court date was for the 14th of august but they paid up in full on wednesday ...

[TBeckett100]

thought it may be useful to see geographically where claims are being allowed to contine and those which have been stayed

[swisstoni]

Hi All,

I've Won After the OFT test case starting and it was even mentioned in my offer letter!

 

See My Thread:-

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/88715-swisstoni-lloyds.html

 

SwissT

[malaga1]

congratulations on your win swisstoni! also regards what t.beckett says above re some people getting payouts earlier than others. I have seen a number of people that have only started court claims in july already getting settlements and others waiting months! how do tsb think this is treating customers fairly! i issued through mcol on 5th march still nothing from [problem]

[TBeckett100]

Just called SC&M, they havent heard from Lloyds yet offering settlement on my case. certainly no talk of change or staying or OFT, it seems biz as usual for claims running through

[TBeckett100]

the re post above mine, i think its court date orientated. the sc&m guy said it can drag due to sheer volumes of claims.

[malaga1]

i rang [problem] yesterday and was told that all claims were suspended! i then rang court who said it was still on but there were currently lots of talks going on and to ring back next week.

[StokiePotter]

Another one here....

 

Got awarded pull settlement via complaining via the FOS... received a letter from Lloyds on the 19th July to inform me my money would be refunded within 10 working days, todays the 10th day and no monies

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/83248-another-claimant-here-sp.html

[jacquid102]

We recieved a settlement from the RBS for my brother last week but not for my dad. Can anyone advise if i should proceed to the small claims court?

[TBeckett100]

spoke to the court, case still being heard on 7th September in Reading at 2pm. all bundles to be cc'd to each other and sent to the court house 14 days prior, will leave it to the 20th Aug before doing the bundle if i dont hear beforehand otherwise.

[TBeckett100]

spoke to SCM, still no word from Lloyds. i reckon they will defend this one.

[TBeckett100]

Just had a call back, Lloyds are applying for stays on all cases pending now. do we have something to use to appeal if the court agrees?

[BARTY]

Hi

This should help:

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

Barty:)

[zootscoot]

Hi TB,

 

The info in the link is for a formal application to object to a stay once a stay has been ordered. You can use the arguments to object to a stay in a letter to the court.

 

All the best

 

Zoot

[TBeckett100]

I HAVE RESPONDED AS FOLLOWS - IS THIS AN OK LETTER? MY ACC IS CLOSED SO DELETED NON RELEVANT BITS AND ADDED MY OWN. TB

In the READING County Court

 

Between:

 

 

BECKETT

-and-

 

LLOYDS BANK PLC

 

 

Saturday, August 18, 2007

I strongly object to the proposed order of a stay in respect of the claim detailed above upon the following grounds. I understand District Judges have been asked to consider Stay requests on a case by case basis.

 

Human rights

 

It would infringe my rights under the European Convention on Human Rights directly and as enacted in the Human Rights Act 1998. Article 6 of the Convention provides that;

 

“1. In the determination of his civil rights… everyone is entitled to a fair and public hearing within a reasonable time.”

 

It is submitted that the ordering of a stay as proposed is not reasonable. The 8 banks involved in the High Court test case have recently published identical statements on their websites informing customers that they expect the test case to last for over a year. Moreover, the nature and gravity of the case is such that any judgment is highly likely to be appealed to the Court of Appeal and possibly even then appealed further to the House of Lords. It is entirely conceivable that a final resolution may not be reached for 2 – 3 years or perhaps even longer. It is thus submitted that the period of any proposed stay cannot be accurately predicted and would therefore in effect be indeterminate, which is contrary to the right of entitlement to a fair hearing within a reasonable time as provided for by Article 6 of the Human Rights Act 1998.

 

 

• The Overriding Objective
   
  The Overriding Objective requires that my case is allowed to proceed speedily so that a just settlement may be obtained by the parties to this case. Dealing with cases justly includes ensuring that this case is dealt with expeditiously and fairly and in a way that is proportionate to the amount of money involved. It is submitted that the imposition of an indeterminate stay in a small claims track case involving a relatively small sum, at such an advanced stage in proceedings, is not just, nor is it expeditious, nor is it fair on a claimant who has outlaid sums by way of court fees in pursuit of a legitimate right to seek a remedy.
   
  The Status Quo
   
  The stay does not maintain the status quo. As submitted above, a stay favours the bank by preventing the claimant’s pursuit of its legitimate remedy without placing any restriction upon the banks activities which I submit are unlawful and/or retaliatory.
   
  Furthermore, as submitted above the present case concerns a relatively small sum and is at a late stage in proceedings, and therefore I submit that to impose an indeterminate stay is unnecessary, inappropriate, not in the interests of justice and further, is detrimental to my rights in a way which is unfair and inequitable.
   
  Other Points
   
  The amount in which I am claiming is to be tested under the Statute of Limitations Act where I intend to present my case in Court since the charges in which I am claiming fall outside the 6 years. However since I have only been aware of the potential unlawfulness of the charges for 1 year, and the majority of that time was taken trying to extract information; I prefer to present my claim in court as I do not believe the OFT Test Case will take into account charges specifically beyond the limitation period and therefore I have an opportunity now to present my case rather than in some years to come.

In addition I have spent a great deal of time preparing my case and have booked leave from work to attend the hearing. I feel that in allocating 10 minutes for the planned hearing, the Court accepts the the chances of Lloyds presenting a defence will be unlikely. However, I would like to see whether Lloyds wishes to defend the Limitations Act or whether like so many cases gone before will use the Court process as a tool for keeping claimants in an orderly queue for settlement. When Lloyds submitted a defence, unless they were abusing the court process, Lloyds were committed to defending their key points, once of which was the Limitations Act.

Since making my compliant to Lloyds requesting back charges, I have never received any correspondence relating to my compliant and thus I have been forced into taking legal action, as it appears the only method of having dialogue with the Defendant. So far I am a further £120.00 out of pocket. If the court directs a Stay, I would hope that it will also order the return of my £120.00 court fee.

The defendant has made numerous out of court settlements since the OFT Case announcement. Under the Treating Customers Fairly principle from the FSA the following two principles are relevant

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

“Consumers do not face unreasonable post-sale barriers imposed by firms to change product, switch provider, submit a claim or make a complaint.”

I attach a list of cases which I understand to have been settled prior to court.

Finally, I hope you are able to give my points some due consideration as I wish to have the chance to present my case before you as agreed in September.

Signed

TBECKETT

[TBeckett100]

Just to add, I spoke to Reading County Court this morning and pending cases are being reviewed on a 121 basis if an application is made for a Stay.

 

New cases are issued and then referred to the judge straight away.

[TBeckett100]

received letter , well 2 from [problem] saying they are applying for a stay. tele'd READING court this am and no application has been made,all being done on a case by case basis.

 

sent in my whopper of a bundle. SCM have until Fri to get a stay or submit their bundle.

 

if they dont do anything by friday, can i get a judgement?

[PeterAnderson]

Was this from the template on CAG

 

I do not know the the answer so this will Bump if for you