Frugal Fox V Lloyds TSB ** I WON **

[Frugal Fox]

Was feeling really positive - now feeling just a little un-nerved.

 

I'm claiming back just over £1800 from Lloyds.

 

My request for statements was done very promptly - and without payment.

 

My request for a refund of the charges was refused - twice.

 

I have since filed a claim against them via Moneyclaim, and this claim has been acknowledged. Since then I have heard NOTHING from them at all. However the overdraft on my account has been removed, with no prior warning, and I am now getting threatening letters telling me to repay all £800 of my overdraft. I get phone calls most nights from the call centre, and I'm starting to feel like the little fish in a pond full of sharks. Something tells me I could be the one going to court to 'play with the big boys' and I don't want to!!!

 

Or is this exactly what they want me to do/feel??

[Seminole]

Have you opened a parachute account or do you have another account you can use in the meantime?

[Frugal Fox]

My parachute is well and truely opened - and functioning just fine!!!

 

Just out of interest - if the claim is acknowledged - should I expect to receive a court allocation questionaire, and if so, will this come from the courts or Lloyds and how soon should this be received - only I've had nothing so far, and the claim was acknowledged 11th May ???

[Seminole]

No, you'll receive the allocation questionaire after the other side has filed their defence. Having acknowledged the claim they have 28 days from the date of service of your claim to respond. You should be able to work out the last date.

 

If they haven't filed their claim by 4.00pm on that day, then you should apply for judgement the next day. I moved more quickly than Nat West on one of my claims and got a default judgement against them so it can happen.

[Frugal Fox]

Forgive the last dappy post - just blame it on a slightly agitated and worried fox!!

 

As I understand it - though given the above, I may still be wrong! - is that the claim is filed at Northampton.

 

The bank have acknowledged the claim, which gives them an additional 14 days, on top of the original 14 days for the claim, in which to enter a defence. Therefore they have until 9th June to enter their defence, or I can apply for a judgement by default.

 

As they have not yet entered a defence, I do not need to fill out an allocation questionaire - hence why I have not yet been sent one.

 

Blimey - its stressful being a novice fox!

[Seminole]

Correct.

[Frugal Fox]

Ahhhh

 

Have now received a copy of Lloyds defence to my claim. Typical - just have to wait now for the Court Allocation questionaire to come through, and then see what happens.

[Frugal Fox]

Quick update -

 

Defence has been filed. Court Allocation questionair filled in, fee paid and returned to county court. Now just waiting for a date to be set.

[Frugal Fox]

I just want to say a big THANK YOU to Dave and all the people on this site who have given me their support through this.

 

There was a time when I really considered backing down (which I suspect is what they wanted me to do), as the letters from the solicitors looked rather intimidating - ie telling me the court would find in their favour...

 

I have today, just opened a letter from their solicitors advising that they are going to settle the claim in full, although they would like me to agree to confidentiality (oops!).

 

Just one more question - durring this 'battle' they (lloyds TSB) removed my overdraft facility, without informing me, since then I have been charged the unauthorised borrowing fee month in, month out - should I now pursue them to have this returned to me also?

 

For info - yes I will be donating to this site to keep it going!

 

Also I started this claim 20th Feb, Moneyclaim filed 9th May, informed of intent to defend 2nd June, and now settled!!!!

[brecken]

well done congrats