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Help! Ltsb Defending Claim! (scotland)


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:o Hi Guys, I hope someone can help me.

My hubby is claiming back £2000 from LTSB. His "return" date for the court was yesterday, with a hearing scheduled for the 17th May. He called their soliciters on Wed to ask what they planned to do, they said "oh your claim has been overlooked, this should have been sorted by now, we'll fax Lloyds and get them to sort it asap". :rolleyes:

However, he called the soliciters again this morning and they have said that Lloyds are "appealing"(?) it and it is going to court (I dont know if this means they are defending it).:eek: :eek:

I have read through various threads looking to see what our next plan of attack is, but I am getting myself confused:confused: . Would someone mind giving me a step-by-step guide to what we have to do next please? (Note, due to this being through the Scottish Courts, there are actually 3 claims ongoing - 2 x £750 + 1 x £500 approx). Thanks for your time guys...appreciated

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I'm no expert either arae1 but some of the banks are using an "abusing the system" approach for claims which are broken down into 2 or 3 different amounts.... where about are you claiming ??

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Claiming in Hamilton Sherriff Court District. I have just started reading about the problems claimimg this way can cause. We started doing this way back in Feb. My dad was guiding us and he had claimed 3 or 4 times this way successfully. I didnt even know what a Summary thing was till 5 mins ago :rolleyes: . Whats my next step?? Any ideas? My hubby is a bit :eek: :eek: :eek: :eek: :-x right now, I'm trying to calm him down!

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I think if you've already got them all underway then its just gonna be a case of keeping your fingers crossed and hoping they pay out... I know Edinburgh and Kilmarnock won't allow numerous claims on the same account as they see this as abusing the system but I'm not sure about Hamilton... sorry I cant be off any more help...... have the bank appealed against all 3 claims ???

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I Dont know what they are defending or appealing against. I cant get a hold of hubby at work (I suspect he may be in the toilets crying-he had this money spent already!!!) The 3 claims where entered within 2/3 weeks of each other. We have never had any offer at all from LLoyds regarding any of the claims. Do you think it would be better to withdraw the claims and go via the FOS? Or do we have to wait for an offer 1st?

I have been reading thru threads all morn and am getting a bit confused! :confused:

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Not sure how the FOS would view that and being that the bank have already appealed they may take it as a win if you withdraw.... I'm really not sure...... maybe you should try calling the court and asking their advice.... :)

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Thanks for the info Jaybabes, it's really appreciated...if anyone else has any other suggestions, I'm all ears!

Starting to panic a bit...I feel a bit out my depth now :sad:

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Don't panic!

 

There are some great folks here who'll help you out.

 

Sit tight!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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Thanks...gonna speak to hubby tonite and get more info from him about what the lawyers are saying. I realise I havent given a great deal of definitive info so far so hopefully i'll come back to you guys tomorrow for some of your "enlightenment" ;) . Again, if anyone has any suggestions from what i've written so far, I'd really appreciate it.:)

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Do you think it would be better to withdraw the claims and go via the FOS? Or do we have to wait for an offer 1st?

 

I don't think you can go FOS if you have already at court. But I aint 100% sure on that, just what I've read on other forums.

Have you tried calling the FOS to see what they recommend? Apparently they are very helpful.

 

Regardless which way you go, keep posting up on this board. There will always be someone here to lend a hand.

 

All the best

DT

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Hi,

well hubby spoke to the Sherriff Court this morning for more info. They have said that LLoyds are defending the claim. We have to go to a preliminary hearing this Thursday and take "evidence" along with us :eek: .

 

Has anyone been to this hearing before and if so, what is it for/what happens?

Secondly, what kind of evidence are they looking for?

Is it normal for LLoyds to go this far? If not, I think the only thing they can defend on is the "multiple claims" issue. If thats the case, and they (its 2 claims) get thrown out, can we then just resubmit them as a Summary Cause?? Any help is appreciated!

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Hi, just picked up on this thread.

From what i can see your hubby has done this all wrong, who ever advised him has also got it all wrong.

If i make this out right, your hubby has made 3 different claims against LTSB on the one account, at the one time? have i got that right?

If this is the case someone has not read the step-by-step instructions, or the rules of engagement or any of the advice found in the FAQ's.

 

If someone decides to make multiple claims (like i did), it is important to wait till the first is settled in full before issuing the next court claim. The reason being, the bank can ask the court to take the 3 claims into consideration, basically roll them into one and bang you have a Ordinary Cause Action on your hands. The reasons the bank can do this is to save the costs of defending the multiple claims individually, and the can also persaude the court they will also being saving the costs of hearing the claims.

 

If the bank were to take the action above your hubby would be left in a position were he would require a lawyer, as only a lawyer can bring a O.C action before the court. This wouldn't seem so bad if you could find a friendly lawyer, but, the consequences of losing an O.C action are great, and should you lose, you would be liable to pay costs and expenses which could be hefty.

 

From my experience with LTSB, on both occasions they paid the full amount of my claim into my bank account 2 days before the date of the prelim hearing. I would suggest your hubby checks his bank account regularly for any deposits.

 

If the money does not appear or you dont receive a letter of offer from the bank before the hearing, if it was me, i would turn up at court never the less, but i would be fully prepared to ditch the case should things show signs of turning belly up.

Remember this IS just prelim hearing, and nothing will be decided for or against you.

The 'evidence' you should take is basically a breakdown of the info from your statement of claim. if you have used Scotias template, make notes from it i.e you believe the charges are a penalty and as such they are unenforceable blah blah.

 

I hope this has a positive ending, and i will be following with interest

 

Good luck

 

S

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S, thanks for this. Unfortunately, we didnt know about this website when we started the claims, and therefore didnt note the step-by-step instructions. We basically followed the procedure my father was using, although. now we know it was for smaller amounts :roll: .

 

We have 2 claims, placed within weeks of each other. I have been thinking of ways out of this mess. BEFORE interest, the sums are just less than £1500. The only way forward I can think of (and I'm not sure if this is even possible/correct) is to contact the court to withdraw the claims. Then refile as a summary clause.

 

However, I dont know at when to withdraw them (before/during/after hearing), I dont want LTSB to consider the withdrawl a "win" for them.

 

Thanks for coming back to me..

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OK, If the £1500 is before interest, from what i can see then the worst the judge could do would be to lump them into a summary cause.

 

If it was me, i would just sit tight and play it by ear, i am confident you will have a positive outcome, (eventually ;-)

 

Just keep an eye on the bank balance in the meantime

 

S

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Thanks again. So we go to the prelim hearing, wait n see what the judge says...worst case scenario he makes us go for summary cause (which we will follow step-by-step :roll: ).

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Thanks, your support is most welcome! can you tell me about AQ tho? The court hasn't mentioned this yet...am I too ahead of myself? I read the FAQ's and it said the AQ is sent by the court after the bank has entered a defence. Should I call n ask for one to be sent or just leave it? :confused:

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Hi Folks - I (my hubby) have my preliminary hearing at the Sheriff Court tomorrow v Lloyds. Has anyone attended one of these before? If so, I have a few questions, if someone can help me out please?:???:

 

1)Can you tell me what to expect and what happens?

2)What is this hearing for...is it to decide if we can continue with the claim?

3)Can anyone also advise EXACTLY what info I need to take along with me the court at this stage please?

 

We are getting really nervous now, just want to make sure I have everything I need and all the facts straight in my head.

 

Thanks again :rolleyes:

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To answer your Q.s read this ~~~> http://www.scotcourts.gov.uk/sheriff/small_claims/forms/going_to_court.pdf

 

This is straight from court website and should tell you all you need to know.

 

I understand your hubby has mish mashed his way through this so far, but if you are going to issue a court claim, you should always expect to have to appear, even if it is VERY rare. I have only heard of a handful of cases, and generally, it is only because the banks are so busy they have allowed certain cases to slip through the net and not be dealt with properly.

 

As i have said before, keep checking the bank balance, stranger things have happened. And it might be worth phoning the bank or there solicitors and reminding them that they have a court date for tomorrow, in case they have genuinely missed this one.

 

Remember, it is a prelim hearing for a small claim, you are not liable for anything and worst case scenario is you lose your court fee, i wouldnt consider throwing the towel in just yet ;-)

 

Incidently, which court is it again??

 

I shall see if i can get a mod to give you some encouragement

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Hamilton Sheriff Court...cheers again. I know it looks as if we didnt take this seriously to begin with, thats not the case. We were simply misinformed. I'm more than aware that court action is a serious issue - we wouldnt have gone this far if we weren't willing to see it thru. Just lost our way a bit. :o Any encouragement/ advice etc is really appreciated.

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