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    • You didn't use Hermes insurance because you've never had difficulty in the past is a bit like saying that you didn't bother to look when you crossed the road this time because you've never been run down before. Luckily for you, the insurance requirement is unfair and unenforceable in our view – and I suggest that you start reading around the sub- forum to understand why and also the other arguments that will be used by Hermes against you to try and defeat your claim. Please also read around the sub- forum to understand the process, how it works – and the steps involve taking a small claim in the County Court. It's all pretty straightforward but it is worth understanding in advance, partly because this is a self-help forum and you need to take responsibility yourself – and secondly because you have more confidence in what you do. On your timeline of events, everything seems to be good. In fact looking your letter of claim you do seem to have understood why the insurances unfair and unenforceable – but reinforce your reading anyway. The only comment about the letter of claim is that you should headed up "letter of claim" – but everything else is to be good. Send it by recorded delivery but also confirm it in an email – using the same date for both so that the 14 day deadline is the same. While you are waiting for 14 days to expire, register with the County Court money claim website and start preparing your claim. You can save your work as you go. Post a draft of your particulars of claim here for us to check and get everything ready so that on day 15 you can click it off. Keep us updated
    • Sorry but I don't understand this at all. I didn't realise that you made an application for assistance with fees. And I had no idea that this was ever raised as an issue before. What on earth is going on? Are you able to explain what this is all about?
    • The country has seen electricity shortages that have left some factories and homes without power.View the full article
    • HI   Ah that little lets downgrade it to a Stage 1 Complaint so it looks like wee dealt with it properly if the Regulator looks at our books/files.   It's a tactic Housing Association use even my own recently tried that and I refused to let them get away with it.   So you respond to the Customer Service Manager NOT BY PHONE unless you can record the call.   To Customer Service Manager   Following our telephone conversation on XX/XX/2021 reference my Formal  Complaint you informed me that my Complaint was being dealt with as a Stage 1 Complaint.   I find this unacceptable as this Complaint was made via T&C online Portal with Acknowledgement receipt from T%C of my Complaint in July 2021 and T&C have now only decided to deal with this after I recently had to Hand Deliver (16th Sept 2021) that Complaint to your Office which is  unacceptable.   Therefore T&C have had from July 2021 to resolve this Complaint as per your own Stage 1 Complaint procedure and I quote:   Stage 1: Your complaint will be allocated to a member of staff who will contact you within 2 working days to discuss your complaint and understand the problem. We aim to resolve complaints within 10 working days, but sometimes investigations can take longer. In this case we’ll let you know, keep you updated and agree a timescale for our response with you. As the above has not been carried out and was only acted upon as previously stated when I hand delivered  my Complaint again on 16th Sept 2021 to your Office this is not a Stage 1 Complaint as T&C have Failed to carryout the above Stage 1 Complaint Procedure since July 2021 therefore my Complaint should be Escalated to a Stage 2 Complaint as per your own Complaints Procedure. If T%C refuse to escalate this Complaint to Stage 2 I require full Clarification as to why.        
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WE WON! nearly £5000 and no court


jaric
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Jaric V Lloyds TSB £4500

 

Hi everyone

 

Ive been using the site for quite a while now and my claim against Lloyds is hopefully almost at an end

 

Timetable for ref

 

Aug 06 £280 .charges applied to my account

Sept 06 rang bank to complain and told ‘tough’

 

Researched bank charges sites including no win no fee lawyers

Nov 06 opened parachute account

 

Nov 06 sent subject access request with £10 cheque recorded to local branch

Dec 06 4 weeks later received charges lists from copy statement unit

Dec 06 wrote in asking for charges to be repaid with 8%interest £4500 in total

Dec 06 7 days later received sod off letter

Dec 06 sent 7 day demand letter to customer service recovery Hampshire

Jan 07 10 days later received a goodwill payment into account of £750

Jan 07 next day received final response letter from Lloyds

Jan 07 filed with MCOL after some jiggery-pokery with lines and word numbers

Jan 07 acknowledgement of service received from Northampton court

Feb 07 defence filed by SC&M, claim to be transferred to local court, AQ filled out and delivered with £100 cheque

 

March 07 Today having still not heard anything since AQ submitted I contacted the court and was told that the judge has ordered a stay for 1 month without asking me or taking notice of my AQ.

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Thanks Barty

 

I want to get this over with before the OFT ruling complicates matters do you think it’s wise to send the letter below, or do I risk antagonizing the judge

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jaric

 

i think there is a template around for you to use in this context and no i dont think it will antagonise the judge.

 

You should also inform them that you have given them ample time to enter into sincere negoations by way of 22 days notice of your intention to claim against them.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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In the 88888888888County Court

 

Claim number 88888888888

 

 

 

Between

 

8888888 - Claimant

 

And

Lloyds TSB Bank PLC - Defendant

 

Dear Sir,

 

APPLICATION FOR STAY REMOVAL

 

 

I have received a standard order for stay for settlement with the consent of all the parties. I am applying for this stay to be lifted as I have given Lloyds TSB Ltd ample time and opportunity to resolve this matter with correspondence dating back to November 06.

 

I do not believe that the stay ordered to this case will be of any actual benefit to anyone apart from the defendant. Therefore, I believe that the stay ordered to this case should be removed on the following grounds.

 

1) I believe that the defendant’s litigation strategy is abusive of the courts resources, and that the stay ordered to this case will only serve to benefit the defendant.

 

Since first requesting a refund of penalty charges from Lloyds TSB, my communications with the bank have been met with outright refusals to discuss the matter on any meaningful level, and they have always insisted their charges are fair and lawful. As such, I felt I had no choice but to proceed with legal action to recover the charges which I firmly believe were taken contrary to UK law.

 

Since initiating the claim in January this year, every single stage of the process has been delayed by brinksmanship from the other side. I am aware of over 25 cases involving the defendant where this pattern has been followed almost identically. It is my opinion therefore, and I think it a perfectly reasonable inference to draw, that this is a pre-meditated strategy designed to wear out and intimidate the claimants, whom they know will more than likely be acting in person and not accustomed to the court process.

 

This supposition is further re-enforced by the fact that Lloyds have gone on to settle every single one of the claims so far after a court date has been allocated. I firmly believe that the defendant has no intention of going to a hearing in this or any other case, and further, that they are merely using the justice system as a publicly funded means of intimidating their customers and dissuading them from pursuing a legitimate right.

It is submitted that this is abusive of the justice system and of the public resource.

I believe that a stay in this case supports this strategy.

 

2) Also, please bear in mind the fact that I am a litigant in person and the defendant is a multi-national company with an annual turnover of billions.

 

The sum claimed is insignificant to the bank, but it is highly significant to me.

This stay prevents me recovering my money, which I contend was taken unlawfully, but the defendant bank remains at liberty to continue levying its charges, plus interest on debt comprised of those charges. I believe that the order of the court has the effect of favouring a powerful and well resourced institution and does not place any restriction on their continued application of penalties which I say are unlawful.

 

3) Additionally, I would like to add that I believe that this case contains no complicated issues of law, only issues of fact. The common law relating to contractual penalties is settled law since the late 1800’s and has been re-enforced as recently as the Unfair Terms in Consumer Contracts Regulations 1999.

 

The main crux upon which this case, and others like it, rests upon is wither or not the banks penalty charges are a true representation of the loss incurred as a result of the breach on the part of the claimant. As such, I firmly believe that this litigation could be expediently concluded if only the banks would be open and transparent with regard to the true costs and mechanisms of their charging systems. As I rely upon the bank as my fiduciary it is clear they have a duty to act in utmost good faith and in a straightforward manner in relation to their conduct of their contract with me.

 

In the event that the court accedes to my request and sets aside this stay, I respectfully request that the case be allocated to the small claims track and that the defendant be ordered to make standard disclosure. I would suggest that this would assist greatly in bringing this case and others similar to a swift and just conclusion.

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final draft

 

 

In the 88888888888County Court

 

Claim number 88888888888

 

 

 

 

 

 

Between

 

 

8888888 - Claimant

 

And

Lloyds TSB Bank PLC - Defendant

 

 

 

 

Dear Sir,

 

APPLICATION FOR STAY REMOVAL

 

 

 

I have received a standard order for stay for settlement with the consent of all the parties. I am applying for this stay to be lifted as I have given Lloyds TSB Ltd ample time and opportunity to resolve this matter with correspondence dating back to November 06.

 

I do not believe that the stay ordered to this case will be of any actual benefit to anyone apart from the defendant. Therefore, I believe that the stay ordered to this case should be removed on the following grounds.

 

1) I believe that the defendant’s litigation strategy is abusive of the courts resources, and that the stay ordered to this case will only serve to benefit the defendant.

 

Since first requesting a refund of penalty charges from Lloyds TSB, my communications with the bank have been met with outright refusals to discuss the matter on any meaningful level, and they have always insisted their charges are fair and lawful. As such, I felt I had no choice but to proceed with legal action to recover the charges which I firmly believe were taken contrary to UK law.

 

Since initiating the claim in January this year, every single stage of the process has been delayed by brinksmanship from the other side. I am aware of over 25 cases involving the defendant where this pattern has been followed almost identically. It is my opinion therefore, and I think it a perfectly reasonable inference to draw, that this is a pre-meditated strategy designed to wear out and intimidate the claimants, whom they know will more than likely be acting in person and not accustomed to the court process.

 

 

 

 

 

 

This supposition is further re-enforced by the fact that Lloyds have gone on to settle every single one of the claims so far after a court date has been allocated. I firmly believe that the defendant has no intention of going to a hearing in this or any other case, and further, that they are merely using the justice system as a publicly funded means of intimidating their customers and dissuading them from pursuing a legitimate right.

It is submitted that this is abusive of the justice system and of the public resource.

I believe that a stay in this case supports this strategy.

 

2) Also, please bear in mind the fact that I am a litigant in person and the defendant is a multi-national company with an annual turnover of billions.

 

The sum claimed is insignificant to the bank, but it is highly significant to me.

This stay prevents me recovering my money, which I contend was taken unlawfully, but the defendant bank remains at liberty to continue levying its charges, plus interest on debt comprised of those charges. I believe that the order of the court has the effect of favouring a powerful and well resourced institution and does not place any restriction on their continued application of penalties which I say are unlawful.

 

3) Additionally, I would like to add that I believe that this case contains no complicated issues of law, only issues of fact. The common law relating to contractual penalties is settled law since the late 1800’s and has been re-enforced as recently as the Unfair Terms in Consumer Contracts Regulations 1999.

 

The main crux upon which this case, and others like it, rests upon is wither or not the banks penalty charges are a true representation of the loss incurred as a result of the breach on the part of the claimant. As such, I firmly believe that this litigation could be expediently concluded if only the banks would be open and transparent with regard to the true costs and mechanisms of their charging systems. As I rely upon the bank as my fiduciary it is clear they have a duty to act in utmost good faith and in a straightforward manner in relation to their conduct of their contract with me.

 

In the event that the court accedes to my request and sets aside this stay, I respectfully request that the case be allocated to the small claims track and that the defendant be ordered to make standard disclosure. I would suggest that this would assist greatly in bringing this case and others similar to a swift and just conclusion.

 

Yours faithfully

 

 

 

 

8888888888

 

The letter looks fine to me but may i suggest you do a spell check.

 

One other thing is that you have mentioned 25 other cases, are you going to prpvide a list? I would give a list of claim numbers if you have them.

 

HTH and good luck

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Thanks

 

letter delivered by hand today

 

they tried to charge me £65.00 to put it before a judge but after an argument this was waived. also the standard order for stay for settlement with the consent of all the parties apparently doesn't need the consent of all the parties for the judge to order a stay :confused: :confused: .

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letter from court

my application for the stay to be lifted has been sucessful the case has now been listed for court:) thanks to GARYH for his template letter.

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Good oh well done

 

glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Good work - well done. I can't take credit for the letter though, BF wrote the stay removal stuff, I just tinkered with it and shortened it a bit.

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.

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Depends on how busy your court is - my local one is now listing for August!

  • Haha 1

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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I received a date of May at the end of January. The courts are a tad busy at present ;)

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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  • 1 month later...

I have been compiling the final court papers and have found a couple of charges that we are claiming for from before myself and my wife had a joint account, the account number stayed the same when I was added but the charges are for prior to that date so the charges were applied to my wife.

 

I filled out the money claim on line form just in my name ! Im sure there wasn't room for joint names but I may be wrong

 

should I apply for an amendment to the claim?:?:

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:) Thanks for the support:)

Timetable for ref

 

Aug 06 £280 .charges applied to my account

Sept 06 rang bank to complain and told ‘tough’

 

Researched bank charges sites including no win no fee lawyers

Nov 06 opened parachute account

 

Nov 06 sent subject access request with £10 cheque recorded to local branch

Dec 06 4 weeks later received charges lists from copy statement unit

Dec 06 wrote in asking for charges to be repaid with 8%interest £4500 in total

Dec 06 7 days later received sod off letter

Dec 06 sent 7 day demand letter to customer service recovery Hampshire

Jan 07 10 days later received a goodwill payment into account of £750

Jan 07 next day received final response letter from Lloyds

Jan 07 filed with MCOL after some jiggery-pokery with lines and word numbers

Jan 07 acknowledgement of service received from Northampton court

Feb 07 defence filed by SC&M, claim to be transferred to local court, AQ filled out and delivered with £100 cheque

 

March 07 Today having still not heard anything since AQ submitted I contacted the court and was told that the judge has ordered a stay for 1 month without asking me or taking notice of my AQ

March 07 applied for stay removal 4 days later stay removed and got a listing for June

Today :)WE WON!:) letter from SC&M Lloyds will pay up in full including interest and costs and no conditions.

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CONGRATULATIONS

:D :D :D

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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Cheers :D

 

Donation will be on its way when Lloyds deposit the money.

 

do you think its worth claiming for expenses as i didnt have to submit the court pack even though it was prepared. I'm thinking of about 12 hours at I think about £9 per hour

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Cheers :D

 

Donation will be on its way when Lloyds deposit the money.

 

do you think its worth claiming for expenses as i didnt have to submit the court pack even though it was prepared. I'm thinking of about 12 hours at I think about £9 per hour

 

Why not .... you have nothing to loose and it wont cost you anything

XxXxX

;)

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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