JimmyBoy vs LloydsTSB

[adamc6671]

Hi Gary - many thanks - will keep checking the Templates library. Point taken re. UTCA and SoGSA!

 

Hi Els - good to hear from you again - no probs asking Gary a question on my thread - thats what we're all here for! I had read the article you linked to, but missed the bit about the UTCA!!!!!!! Many thanks for pointing it out.

 

All the best - Adam.

[adamc6671]

Hi All

 

Have spoken to Ipswich County Court this morning regarding this claim -

 

1) They have recieved NO directions to stay any bank charge claims (in the light of OFT test case) so ALL claims / hearings are proceeding as previously. I will post this info on the relevant thread in the 'General' forum.

 

2) Our allocation hearing on 7th Sept will go ahead as planned unless directions from a higher authority are recieved before that date.

 

3) LloydsTSB have NOT yet applied for a stay.

 

4) Lloyds TSB have NOT yet submitted their draft directions as per the Court Order of 13th July

 

All that sounds like very good news, so am now preparing for that hearing. I have the witness statement done and submitted for that hearing, and 3 copies of my objection to a stay ready to take to Court, both as per advice on here (CAG).

 

One question - do I have to take anything else to Court with me? Any advice would be greatly appreciated.

 

All the best - Adam

[adamc6671]

am now preparing for that (Allocation) hearing. I have the witness statement done and submitted for that hearing, and 3 copies of my objection to a stay ready to take to Court, both as per advice on here (CAG).

 

One question - do I have to take anything else to Court with me? Any advice would be greatly appreciated.

 

Any advice on anything else I need to take to Court PLEASE - e.g. T&C's etc?

 

Many thanks - Adam

[BARTY]

Hi

Have a read of this link:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

 

Good luck, let us know how you get on.

Barty:)

[adamc6671]

Many thanks Barty - greatly appreciated. Have now read the guidance right through, and will take exactly what is suggested.

 

No mention on there about T&C's though - do you happen to know if I need to take those with me, and if so, do you happen to know of a link to Lloyds T&C's from 2002?

 

Once again,many thanks, and will certainly keep you informed.

 

Adam.

[BARTY]

Hi

I would take a copy if you can, have you had a look in here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html

 

Barty:)

[adamc6671]

Thanks again Barty - just what the doctor ordered!

 

All the best - Adam

[adamc6671]

Hi All

 

Just a quick question regarding Allocation Hearing on 7th Sept. In the light of Lloyds stated intent of requesting a stay on this claim, is it advisable to write to Court and SC&M in advance of the Allocation Hearing stating I will object to this, or would it be better to go to the hearing fully prepared with 3 copies of each document arguing against a stay in the hopes of catching SC&M 'on the hop'?

 

Any advice greatly appreciated.

 

Many thanks - Adam

[pward33]

I'd strongly suggest the latter course Adam; if they have not applied for a stay then you're under no obligation to be arguing against it before they've even made an application.

 

[problem] are frequently incompetent; you may simply end up reminding them to turn up and/or apply for a stay! Just be well prepared when you get there.

 

IMHO

[adamc6671]

Hi pward33

 

Many thanks for the reply - my feelings exactly - why give them the chance to come fully armed!

 

Really just needed the confidence that comes from someone else seeing it the same way.

 

Just finished printing off all the documents for the Allocation Hearing. Reckon I'm pretty well prepared - almost the size of a 'bundle'!

 

Once again - really appreciate your reply.

 

All the best - Adam.

[pward33]

No problem; good luck - I'll watch this thread and see how you go!

[adamc6671]

Hi All

 

Rang Ipswich County Court today and they informed me that - 'within the last few says we have taken the decision to STAY ALL bank charge claims until the result of the OFT test case is known. We are in the process of sending letters to all claimants'

 

Feels like a real kick in the teeth, but I suppose it was inevitable. Once again the consumer looses out to our very out of date legal system. The banks and their shareholders must be rubbing their hands with total glee that their licence to 'print money' is allowed to continue, right through a 'test case' and multiple appeals, for probably years to come. But, hey-ho, interest at 8% continues to accrue, and on the assumption that eventually the consumer will get something out of it, it all helps!

 

Does anyone really think it is worth appealing the Court's decision to stay this claim? We can't in all honesty argue hardship, and as Lloyds don't admit to breach of contract, I can't think of another really valid reason that might persuade the Judge to allow it to continue at present.

 

Would be very interested to hear what anyone else thinks.

 

Will post again when letter recieved from the Court.

 

All the best - Adam

[elsinore]

I think it is incumbent upon each and everyone of us to object to a stay, on whatever pretext.

 

The Courts, the OFT and the FSA should be made aware of the strength of feeling amongst claimants, with respect to the FSA’s decision to allow the Banks a waiver.

 

In your case Adam, I would want Ipswich CC to tell me who made the decision, when the decision was made, and on what grounds. The only acceptable answer would be that a judge made the decision, in which case he/she should have issued an order to that effect. I would want to see a copy of the order. If the decision was made by anyone other than a judge, then somebody is exceeding their authority.

 

If a defending bank wants to request that cases be stayed, for whatever reason, then to my mind it should submit an application in the normal way, for each individual case, enclosing the appropriate fee, just as you would have to do if the situation was reversed.

 

The very fact that some courts are making decisions on a case by case basis, whilst others are disallowing stays, is a good enough reason to object. Why should you be denied whilst fellow claimants succeed in having their cases heard in other courts?

 

I suppose you will have to wait for the promised letter to see what Ipswich CC have to say. Even if it transpires that a judge made the order, that shouldn’t mean that you may not object.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Els

[adamc6671]

Hi Els

 

Many thanks for that. I fully understand what you're saying about objecting to stays, and indeed we should all be doing that. However, I've 2 claims at Ipswich (this one & Abbey) both at the same stage - not planned that way - I filed the claims about 2 months apart, and the Court chose to bring the 2 Allocation Hearing dates very close together. In this case (Lloyds), the 'service charge' defence does, in all honesty, rely heavily on the OFT test case result. However, with the Abbey claim they have already admitted in their defence that the Claimant IS in breach of contract, and there is therefore a VERY strong case why that claim should be allowed to continue. GaryH has been extremely helpful in pointing me in the right direction on that one. The thread is here - post 50 onwards -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/77268-tish-abbey-3.html

 

I feel that there is a much bigger chance of getting any stay lifted on the Abbey claim than there is on this one (Lloyds), and I think I'd rather concentrate my efforts there for the time being, and let the Lloyds claim take second place until I've (hopefully!) made progress with Abbey.

 

I do hope you understand.

 

Once again, many thanks Els.

 

Adam.

[adamc6671]

Hi All

 

Just to say a very happy Christmas to one and all, and a million thanks to all who have done so much to both offer and provide help and advice.

 

Lest hope that 2008 brings something worthwhile to us all from the test case.

 

All the very best - Adam.

[adamc6671]

Hi All

 

Long time, no speak!

 

This case was stayed by the Judge at Ipswich County Court in August 2007. pending the final decision in the test case.

 

It was ordered that

 

'The Defendant shall within 21 days of the final decision in the test case file at court and serve on the Claimant :

 

(a) A case summary of not more than 500 words setting out the effect of the final decision in the test case on this action

 

(b) Their proposed directions in this case

 

Now, the final decision in the test case was issued on 17th November 2009, which meant that Lloyds had until 8th December 2009 to file with the court, and with the claimant, the documents above.

 

No such documents have been recieved from Lloyds within that timescale!!!!!

 

My own understanding is that I could now ask to court to strike out Lloyds' defence, as they have defaulted on the requirement above, and award judgement in the Claimant's favour.

 

I would be VERY grateful if someone who understands more about these things than I do could advise me if, in fact, my understanding is correct, or if I have got it wrong, and should actually be doing something else!

 

Many thanks, in anticipation.

[geordie boy1960]

Hi all,

sorry if im hi jacking but Im new to this and havent figured out how to start my own thread yet !! (any help gratefully recieved)

 

anyway just to let you know, I have two calims against Lloyds for mis sold ppi. They have acknowleded one of the as mis sold and made and offer of repayment, however they have stated that the money will be paid partly into the debt recovery section of the bank with the remaining put into my current account, which my now soon to be ex-wife has had frozen.

I have a question - can they legally take tell me where the money is to be deposited,after all this was an agreement between lloyds insurance services and myself and the loan was with lloyds loans department. The second ppi claim will be passed onto the ombudsman as I feel this has been mis sold

 

cheers

geordie boy1960

[adamc6671]

Hi geordie boy 1960

 

Yep - you are totally in the wrong place!

 

No prob, though - you need to be on the PPI section here - Payment Protection Insurance (PPI) - The Consumer Forums

 

Once there, look for the 'New Thread' button, near the left top of the initial screen. Click that, give your thread a title, then copy and paste your thread above into your new post.

 

Hope that helps

 

Adam.

[geordie boy1960]

Many thanks:)

[adamc6671]

You're very welcome!

 

By the way, as far as I know they have no right to dictate where the money they owe you ends up!

[adamc6671]

I have spoken to Ipswich County Court this morning regarding the above default by Lloyds.

 

They inform me that they have had no official notification of the final result of 'The Test Case'!!!! Surely, that was 'published' on 17th November????

 

They say I may ask, by letter, for the defence to be struck out, by default on the part of Lloyds, but they could offer no indication of the possible result of that application other than to say it would be returned to the claimant if it was felt to be inappropriate at this time.

 

I would be VERY grateful if someone 'in the know' regarding the test case could advise me if, indeed, the judgement released on 17th November WAS the final judgement on that paticular case - if it was, then I shall apply to have the defence struck out on the grounds of the bank's default.

 

Many thanks, in anticipation.

 

 

Just out of interest, the Witness Statement we prepared for this case DOES include, amongst other things, detailed reference to UTCCR Section 5 - Individually negoiated terms (as per a template downloaded from GAG in 2007). Does anyone happen to know if that is sufficient to meet the test case judge's comment that there MAY be a way forward under that section of the UTCCR's?

[adamc6671]

As per advice recieved on my Abbey thread, and elsewhere, it seems that the best course action is to write to the Court and ask for the claim to continue to be stayed pending the outcome of any further action by the OFT, or any further test case, so that's what I'll do with this one.

 

I'll post any response from the Court here, of course.

[adamc6671]

Hi All

 

Following the advice given on other threads, and taking into account my own worries, I've today requested a further stay of a max of 3 months on the grounds of obtaining further legal advice under UTCCR Section 5 and Consumer Credit Act Section 140A(1). I've also suggested that as a 'litigant in person' the Court may see it as prudent to allow me this extra time to obtain and consider this new advice, and to decide whether to ammend my POC's.

 

 

I've sent the Govan letter to Lloyds, personalised to suit, and copied that to the Court with the stay extension request as proof of attempting to settle.

 

 

With a bit of luck that will do the trick for now!

[kennyh]

subbing

[adamc6671]

Welcome kenny - hopefully I'll have some news worth reading before too long!