Beckett v Lloyds TSB - Going Back More than 6 Years

[BARTY]

Hi

See if this link helps:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

 

Barty:)

[TBeckett100]

Just called the court and they are proceeding with my case. called SC&M they havent heard but havent done the bundle which has to be there tomorrow.

 

How is this looking?

 

It was READING county court

[GuidoT]

Good old Reading, judge(s) there never liked the banks. I would not be prompting SCM regarding the bundle or the court date.

 

I have never known SCM to submit a bundle, when their date has past issue these letters:

Directions non-compliance letters

[TBeckett100]

i have sent a letter tonight for the judge to read tomorrow/tuesday as the deadline is tomorrow and they havent sent anything yet.

 

lets hope they choose to settle pre the date or not bother with the bundle at all.

[TBeckett100]

Hi Guys

 

Just an update on my claim.

 

Firstly I am claiming for the period of 1998-2000 around 2.5k inc interest and fees.

 

SCM wrote to my judge asking for a stay which was rejected so the sceduled date of the 7th Sept is still ongoing.

 

My question is the following, SCM had until Friday to submit their bundle (mine was done the week prior), i sent a letter on Thurs night dated Friday to remind the judge that SCM have not supplied their evidence,

 

Am I right in assuming that SCM cannot plead a case on the actual date if they havent supplied the evidence? What can the judge order?

[TBeckett100]

hi, could we please have a sticky listing all the cases where like mine the stay has been rejected and the case proceeding, itg would be good for us "lucky" ones to be able to locate each other quickly on this thread.

 

in addition, if your case is proceeding, please post it here

[Slimpickings]

Hi,

 

Just found your thread to this... I had a court date due on the 22nd at Reading. The solicitors wrote to me advising the were requesting a stay. I phoned the courts, who said that they had asked for a stay but the Judge refused.

I went to court on the 22nd only to be met by a very overpaid solicitor from HSBC who argued and won the right for it to be stayed. Not just me, but also others from a wide range of banks. I managed to get half days salary out of them though.

I now have to wait until April 2008.

 

Just wondered when your date was, and how did you get on.

[TBeckett100]

OH MY WORD, well since my claim is for over 6 years this is a separate issue surely and not covered by OFT

[TBeckett100]

my date is next Friday the 9th, I think i have good grounds to overturn a stay request as my case will have to go to court anyway as its over 6 years.

 

What power does a HSBC rep have on a Lloyds case? unless your was a HSBC claim...

[TBeckett100]

I have called the curt who are allowing the case to continue. No bunle has been received from SC&M by the court ,however the order was for them to submit what they intend to rely on anyway, so lets assume they arent relying on anything.

 

Since the Stay has been refused, I want to contact SCM to confirm this with them, ask them if they have submitted anything, check they have mine (they do according to royal mail website) and to see whether they wish to settle.

 

Should I call them or leave it?

[Slimpickings]

On my court date there were four other banks HSBC, Lloyds, Barclays and Abbey. About 30 claimants in all. Barclays went in first, then the smug solicitor came out and told the other banks representatives he had managed to get a stay, Lloyds, HSBC and Abbey all followed the same way. The other claimants offered cases of hardship rangeing through to human rights, none washed with the judge. His arguement was if he allowed the cases to proceed and the result of the test case was in the banks favour. Then the banks have the right to claim the money back with interest. That was Judge Jones at Reading, you may get someone with a different view point.

Good luck with Friday the 9th, and let me know how you get on.

[TBeckett100]

what is the point in Reading ordering no stay YET bowing down quickly on such a small point. since my case is over 6 years and would have to be tested anyway, once can hope the judge allows mine to continue.

[John72]

I suppose the clever money should be on betting that LTSB settle a lot of their cases "out of court", and before the OFT test case is decided, at a "discount" to the full amount of the claim? That way they bring certainty and finalisation to claims brought against them and save money as well?

 

I think any claimant, if offered the chance to settle on that basis at the moment, would probably have no hesitation in accepting.

 

On that basis I suspect a call to SC&M would do no harm - at least you'd get a feel of their approach at the moment?

 

John

[TBeckett100]

Ok i telephoned them, they have received a letter from the court to say my case has not been stayed. [problem] and LTSB are looking at what I sent them and they are going to make a decision whether to make an offer or not. I agreed to tele them next Weds morning and discuss whether an offer is on the table. certainly no mention of further stays or any aggression.

[John72]

Sounds like a positive move to me? How much was your claim for?

 

John

[Slimpickings]

I hope so to, people like us have worked so hard to get to this stage only to be knocked back at the end....

One further thing is that the Judge did agree to give me half a day's loss of earning, I wish I had been prepare for that one. I only got £35.00, because I had no evidence to prove what I earnt normally. So take some proof of what you could have earned if you didnt have to go to court on Friday.

[TBeckett100]

i will probably claim £100 as i am taking the whole day off, plus I will also claim for the court fee from Lloyds, afterall, if they had actually responded to me, i may not have to have taken it so far to get noticed. thankfully, the seem to be going over my case so a settlement isnt out of the question beforehand.

[TBeckett100]

£2200 inc interest and charges

[nbizzle]

good luck! id settle for around 1500 and above nothing less

[TBeckett100]

provided the money is eletronically transferred to my HSBC account the same day, i may concur with you on that one

[nicsussex]

good luck! id settle for around 1500 and above nothing less

 

And thereby give them the feeling that they had won - this is exactly what they want you to do - I would not settle for a penny less than the amount of the claim

[nbizzle]

yes nic but times changed since u and me got back wat was rightfully ours - tha banks could hold out for test case which could take a year and theres no guarantee after tha year that the banks will lose is there

[John72]

nbizzle

 

my point exactly - a bird in the hand is worth two in the bush! If one holds out for the full amount the bank will no doubt take the view that they have nothing to lose by waiting for the result of the test case - at least where a claim has been stayed?

 

six weeks ago I may have taken nic's view - but now i'm not so sure....

[nbizzle]

yup - gone are tha days wen the banks back down- as u say they have nothing to lose and i doubt after the test case that the feesa will be outlawed altogether, the only thing that will happen is they will be classed as excessive and then 1 of 2 things will happen. Either a fee is agreed and the difference will have to be refunded ( in that case no 1 will get full amount ) or a fee is agreed and thats that going forward so the banks could just forget about previous charges, how ever way u look at this i doubt in the next month or so any1 will get a full refund we are still in the stagger period where people have recieved offers before notification of the test case

[nicsussex]

If a stay has not been granted - then they will almost certainly settle in full rather than appear in court - the days are not gone when the banks back down at all!