Jump to content


Jomish vs Lloyds TSB ***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5073 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have received a notice of 'Transfer of Proceedings' which says...

 

"Futher, insofar as part of the Claimant's claim is based on charges his account prior to six years from the date of issue of his claim, that is 26th March 2001 this part of the claim is statute barred by Section 5 of the Limitation Act 1980. The defendant is unable to verify the amount claimed prior to the 26th March 2001 as the Statement of Claim does not show how the amount claimed is arrived at"

 

I read something that I should send a letter to MCOL with the charges I calculated. Is this still true? Is this the correct stage to do this?

Link to post
Share on other sites

Hi Jomish,

Welcome to the forum.

I know what you mean but the banks are guilty of concealment and that fact can overrule the statutes barred.please read in this link.

http://www.consumeractiongroup.co.uk/forum/general/7724-limitation-act-1980-time.html

use the template letters in order. Stick to the timetable in there.

please take time to read the faq's

LINKS....

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html

FAQs....

Templates Library....

If you have charges going back further than six years read in here;

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

 

If my advice helps please tip the scales, left.

Link to post
Share on other sites

Thanks for the reply. I must admit I am finding some of the stuff a bit confusing but very helpful at the same time. I do not understand what Lloyds are saying though! I am claiming for 29/12/00 and 02/05/06 - should I have started in 2001? I just entered all the ones that were on the statements they sent me!

Link to post
Share on other sites

Hi

This should help with when to send your Schedule to MCOL:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

Good luck, let us know how you get on.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

Link to post
Share on other sites
  • 3 weeks later...

I have not posted each of my stages which would have been useful so here is my progress so far.

 

I worked out that I am claiming for £1,170.06 including interest. I no longer have the Lloyds TSB account - the charges happened when I was a student.

 

10th February 2007 - Wrote to Lloyds TSB asking last six years of charges

 

20th February 2007 - Replied enclosing printouts of statements

 

21st February 2007 - Sent initial request letter to repay charges

 

28th February 2007 - Lloyds TSB replied with standard letter which said no.

 

3rd March 2007 – Rewrote to Lloyds TSB using template to say I would take them to court to reclaim the charges

 

26th March 2007 – No reply from Lloyds TSB so used MCOL and template to file claim

 

31st March 2007 – Received acknowledgement from Northampton County Court giving until 14th April 2007 for Lloyds TSB to reply

 

10th April 2007 – Lloyds TSB acknowledged claim and wished to defend

 

17th April 2007 – Received notice of transfer of proceeding to MK court and the details of Lloyds TSB defence. They dispute it as I am claiming for more than six years. I did not realise as I just counted up the ones they sent me! It only equates to about £100 of the claim anyway!

 

28th April 2007 - Emailed MCOL to check if I had to send how I arrived at charges (my spreadsheet)

 

30th April 2007 – Sent copy of spreadsheet to MCOL

 

9th May 2007 – Received a notice of allocation to the small claims court track (hearing). It will be on 1st June 2007.

Link to post
Share on other sites

I have sent the spreadsheet to MCOL as advised by them but had no acknowledgement yet - should I send the spreadsheet to Lloyds TSB solicitors now anyway as my court date is 1st June!? Is there anything else I might need to send? Any help much appreciated!

Link to post
Share on other sites

You need to send what the notice of allocation has directed you to.

 

You need to produce a court bundle. Have a good read of this thread -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

Link to post
Share on other sites

Hi Jomish,

 

just read through your post with some interest as I am at a similar point with Lloyds/TSB. I received the exact same defence from SC & M it seems including the one stating I am claiming for more than the 6 years. Although my Particulars of Claim start outside the 6 year 'allowance' my first date claimed for on my spreadsheet is actually within the 6 years so I'm sticking with it.

 

My claim with MCOL started only 4 days after yours (30th March), the last notification I received was a Notice of Transfer of Proceedings dated the 30th April. I have sent a letter to SC & M offering to settle before it gets to Court, though I understand they will not reply it may look better for me IF this should go to Court. I have also sent a Draft Order For Questionnaire with the Draft Order For Directions attachment to both SC & M and LCC (Leeds County Court).

 

Hopefully I should be hearing something further soon enough, it seems maybe yours is nearly over with if you have a court date, so good luck

 

regards,

 

Tenmen108)

Link to post
Share on other sites

10th May 2007 Sent bundle found on this website plus my charges printout to court and lloyds. I am sure Lloyds TSB will drag it out until the end. *Thanks for all the replies to my questions dealing with this difficult bank".

Link to post
Share on other sites

Hi Tenmen10

 

Reassuring to see someone else going through the motions.

 

What kind of things did you write in your letter to Lloyds TSB solicitors? Not sure if I should do the same - sounds a good idea. Though if the recent reports on the website of having to go to court before the settlement happens then it may not work.

 

Jomish

Link to post
Share on other sites
  • 3 weeks later...

16th May - Sent bundle on website (the zipped one) and witness statement to court and Lloyds TSB solicitors.

 

31st May - Not received any court bundle from Lloyds TSB so rang court who said that Lloyds TSB had agreed to settle today (case would have been tomorrow).

Link to post
Share on other sites

31st May - Tried ringing SC&M but all lines are busy. Hopefully will receive letter tomorrow to confirm settlement, otherwise will double-check with court.

Link to post
Share on other sites

1st June 2007 - Be careful of another Lloyds TSB trick. I called their solicitors today to confirm they had settled. The said they had sent a cheque on 29th May for a figure which looks like the amount without interest. My court hearing would have been today so I don't think I have much chance to dispute it! However I am happy with the amount as I was not sure I was going to get anything!

 

Letter did not mention any conditions other than the fact that the settlement was in no way admiting liability!

 

1st June 2007 - Banked cheque for £937.41!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...