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It can only happen to me


crusty git
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I've started a new thread to pull this all together. This anything but a typical claim so dont let it put any one off

 

Like all good stories the punch line is at the end

 

I started with the standard DPA lettter last MAy. Lloyds complied as far as a current account was concerned but failed to include a loan account.

 

I issued proceedings via MCOL for over £700 in respect or charges on the current account and another case to force Lloyds to comply with the DPA.

 

Lloyds defended the £700 with the standard defence, a local judge reviewed the case and decided that my claim was so short of detail that he ordered it struck out. After an awful lot of help from senior members of this site it was reinstated and set for a hearing in January where it was combined with the DPA case

 

Lloyds defended the DPA case and issued a counterclaim - for £390 which was the unpaid balance of the curent account.

(confused? you will be)

 

At the hearing in January the Judge asked me what details the bank had failed to supply and I replied that I particulary wanted the Loan agreement

 

He then asked the solicitor if he had a copy and was told no. after tearing the solicititor of a strip he suspended the hearing for 15 mins so he could arrange to have it faxed to the bank

This the solicitor was unable to do, after a few more choice comments the judge ordered that Lloyds supply the information withinn 14 days an set both cases down for a trial yesterday

 

The solicitors wrote to me stating that "the banks policy is that all cotractual documents are destroyed after 6 years" so nothing was available.

they also produced 2 witness statements, one reducing the amount of their counterclaim by £188. the second confirming the banks Policy on destroying contracts after 6 years and claiming that £110 of my claim is statute barred.

 

I got to court yesterday and met the solicitor for the bank, (who had travelled around 160 miles to get there).

 

The Judge asked the solicitor if the witnesses were at court, they were not. he pointed out that in view of the contents of their statements I might well wish to question them.

He also pointed out that as the babk had not raised the question of limitation in their defence it was inadmissable and asked the solicitor if he would withdraw that witness statement.

The solicitor said he could not therefore the matter must go on to trial rather than being setttled there and then.

 

The Judge then declared an interest and disqulified himself from the case apparently his wife is in the process of claiming charges rom a bank!!!

 

so to sum up after 11 months the case is to be relisted for hearing

and again Lloyds have been sent away with a flea in their ear ant basicly told to settle

 

ALL THIS FOR A CLAIM FOR £700 and DPA failure

 

It can only happen to me

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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I wonder if she posts here - That could be a new thread for the bear garden - to try and identify her from her posting name

 

Any guesses

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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come on you must have some ideas

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Nic I would if I knew how to do it, please feel free

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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brilliant ..judges wife claiming priceless :D :D made my night.:D :D

 

the amount of money they earn :o :rolleyes: just goes to show how snowballing effect this is re what date etc dd's go out etc etc etc etc

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dear oh dear Lloyds really do stink

 

looks like you have nothing to worry about though, just a bit drawn out - no way this will go to trial

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Thanks Itsamoment,

I'm sure that I will win in the end, ive never seen a case drag on like this one, 11 months and counting. I should get a new court date this week that and the judges remarks may concentrate Lloyds minds on the subject

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Still waiting for the next court date

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Thanks for the support nic. One thing has been niggling away at my tiny mind. I yhink that I am correct in thinking that if a bank (or anyone for that matter) lies to a court in evidence or a statement it is a serious criminal matter.

 

The witness statement of the branch manager states very clearly that The policy of the bank is to destroy all contractual document after 6 years, therefore as the loan in question was taken out in 1998 the documents were destroyed in 2004. The same information is repeated in a letter from [problem].

 

If this statement is true then all contracts and contracts with the bank would be destroyed after 6 years -- I dont think so

 

I have checked the statement and this is exactly what was said

 

Any thoughts any one

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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I thought they weren't allowed to actually destroy ANY data? Im sure i read that somewhere. After 6 years they put it on microfiche or some other compact storage system to store it all i think. Someone please correct me if im wrong. :o

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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I think that you are right - Has anyone had contractual documents from Lloyds that are more than 6 yrs Old?

 

j

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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The plot moves on -

Another preliminary hearing this one for June 18th. This is turning into pure farce.

Great theatre but its not getting my money back -- Yet

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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TES

 

Tomterm8 I owe you a very large pint Thanks

 

I have t think about this now, the loan account that they cannot produce the agreement for is paid in full, I am reclaiming the charges for late payment of installments.

 

So the loan itself may be gone, but what about the interest on it?

 

Advice any one

 

Thanks

 

John

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I know this is not 'helping' in any shape or form, but i have to just say every time i see your username 'crusty git' it makes me giigle...:lol:

Lovin it ....

XxXxX

:p

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Blame my wife for the name I simply omitted the word OLD from her description. but payback time will come in August at the Petrerborough CAG Partyin he park - she will be known as Mrs Git.

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Share on other sites

  • 1 month later...

Right the day for the preliminary hearing finally arrived, armed with two large folders and numerous printouts of CAG threads I atteded court.

At five minutes to go the same solicitor apperaed with a big smile on his face, obvioously regarding me as a long lost friend.

He was very pleased to offer me a settlement of abot 60% of the claim and took some pleasure in telling me that LTSB won a case the other day.

 

I must watch too much daytime TV, I thought for a moment and said No Deal.

After a bit of half hearted haggling guess what -- yes he settled for the full amount.

 

Date of issue of MCOL 17 June 2006

settled 18 June 2007

 

As I said at the start of this thread this story is not typical dont let it put any one off - It can only happen to me

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

Link to post
Share on other sites

Right the day for the preliminary hearing finally arrived, armed with two large folders and numerous printouts of CAG threads I atteded court.

At five minutes to go the same solicitor apperaed with a big smile on his face, obvioously regarding me as a long lost friend.

He was very pleased to offer me a settlement of abot 60% of the claim and took some pleasure in telling me that LTSB won a case the other day.

 

I must watch too much daytime TV, I thought for a moment and said No Deal.

After a bit of half hearted haggling guess what -- yes he settled for the full amount.

 

Date of issue of MCOL 17 June 2006

settled 18 June 2007

 

As I said at the start of this thread this story is not typical dont let it put any one off - It can only happen to me

 

J

 

Congratulations!!!

 

the virtual pints are on you:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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