First victory to Lloyds

[olliebollie]

Annie,

Thats the spirit.

All the paperwork for the bundle seems daunting to me too, but I'm sure if we all help each other by asking for advice and read all the great info on here we will all get there.

 

P.S I'd go for the boob job - you won;t ever see a man in the kitchen lol!! (no offense guys)

 

Bev

[paul13]

I A Q sent in by both parties.

 

This is worrying when you are expecting a payout and so need a new car.

 

Paul

[Gez]

On behalf of all men on this site, a kitchen is a kitchen, you don't need a new one.

[empowered]

So guys

 

what are we saying that you can revise you particualars of claim once a court date is issued?

 

If not I`m in deep trouble?

 

I din`t realise you had to really gem up on the legal talk, quoting bill and acts etc

 

I`m worried that they will literally laugh at my claim form??

 

First of all, thoroughly read the FAQs and Step by Step Instructions which will list all possible scenarios at each stage. Read all the success stories to see how patterns emerge and learn from others mistakes. Then start your own thread in the bank forum that you are claiming against - your posts will get lost in this large thread - people will be able to help you more quickly then. Please don't forget that you are taking on the banks and the courts - this is not a get rich quick scheme and you must be confident of all your facts before starting your claim.

[jayenevin]

Wow, Now Im nerveous!!

 

Had planned to file my case in Worcester this week but need to make sure Ive dotted all my I's and T's.. Ive made the decision to carry on and do it as Im sure that we all should. If Im not successful then it will go to appeal!!

One thing worries me. After the LBA is sent out if it goes over the 14 days Ive given them is there a cut off point as to when I can sue or do I have to go through the whole process again. I dont want to lose my case on a technicality before I start. I sent the LBA on the 3rd April and because of personal problems couldnt go any further until now. Is it too late. I dont want to be at the end of a pedantic Judge who takes the Birmingham ruling as a Bench mark as its not a million miles away from Worcester!!!!

[Frodobing bong]

Is Mr Berwick one of "ours" Interested to know if he send in one of those impresive court bundles.

Also, does a judge have to declare an interest? I.e. would he have to declare if he/she has an account with/shares in the bank you are claiming from? If a ruling goes against you do you have the legal right to ask if the judge has an interest?

[empowered]

Wow, Now Im nerveous!!

 

Had planned to file my case in Worcester this week but need to make sure Ive dotted all my I's and T's.. Ive made the decision to carry on and do it as Im sure that we all should. If Im not successful then it will go to appeal!!

One thing worries me. After the LBA is sent out if it goes over the 14 days Ive given them is there a cut off point as to when I can sue or do I have to go through the whole process again. I dont want to lose my case on a technicality before I start. I sent the LBA on the 3rd April and because of personal problems couldnt go any further until now. Is it too late. I dont want to be at the end of a pedantic Judge who takes the Birmingham ruling as a Bench mark as its not a million miles away from Worcester!!!!

 

No, there is no deadline for filing at court. By giving the banks the 2 lots of 14 days to reply to you, you are showing the courts that you tried to attempt a result within a reasonable timescale. You can file your claim when it suits you, but if you leave it more than a couple of months, I would just resend another LBA to the bank giving them 7 days to reply.

[empowered]

Is Mr Berwick one of "ours" Interested to know if he send in one of those impresive court bundles.

Also, does a judge have to declare an interest? I.e. would he have to declare if he/she has an account with/shares in the bank you are claiming from? If a ruling goes against you do you have the legal right to ask if the judge has an interest?

 

Yes he is - have a look at his threads in the (this) Lloyds forum - I think there are about 3.

[anne.craig3]

Thanks guys, that's what I thought myself.

 

I will soldier on for all the men out there depending on us women to spend our money 'sensibly' haha

 

I have to admit, this forum has cheered up what was a rather miserable day for me. Thanks for that too.

 

Annie

[tommyhduk]

is there anyone out there with legal experiance who can help us word our case if it does go to court? I am also unsure about legal jargon and how to convince the judge to our arguments.

[Champnos]

Can someone breifly outline the Interview on Talksport this morning. I am in the process of filing the my court claim and wanted to check that nothing new came from this mornings interview.

 

Thanks

[pward33]

I'm confused that the judge tried to research the T&C's on the bank's website. Surely the T&C's are only relevant if they are the ones in existance when your account was opened - today's version may have no bearing on an old account?

 

Could anyone respond to the above? My account has been open for 15 years or more; I have no chance of finding a copy of the T&Cs from back then!!

 

[if I case does get thrown out as I feel my 'Particular' on the claim form are worded badly with no references to acts mentioned.

Can you claim again?

Yes, Particulars can be amended, but there’s a non-refundable fee of £35. It’s important you do that if necessary as no, you can’t issue proceedings again for the same claim.

The money they owe me will get me either a new kitchen or a boob job....hahaha not decided which yet

 

If you want meaningful advice on which you most need to go for, you’ll need to let us see what you’ve got to start with.

[LEECHTHEBREACH]

Make sure you all read this resume' by rbrears

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90660-lloyds-victory-view-judgement.html

 

and if you are unfortunate enough to be in court and the judge asks you "would you be in breach of contract if you issued a cheque.......

and there was insufficient funds in your account for it to be paid?"

for Gods sake say yes

Leech

[c_allen]

Could anyone respond to the above? My account has been open for 15 years or more; I have no chance of finding a copy of the T&Cs from back then!!

 

 

ask the bank for the oldest T&Cs they have, i'll bet they say nothing about service charges

[BlueSmartie]

Hi all

 

I do not have a claim against LLoyds but have been reading the recent threads started after news of this unfortunate case.

 

What amazes me is how may users there appear to be who have not prepared for a day in court!

 

What do you think a court claim is - a jolly?

 

From the moment you send your LBA you are commencing the first stages of litigation. This involves preparing a legal argument that proves your claim, and assembling and understanding the facts/law/evidence that will support your arguments.

 

The Particulars of Claim must set out the facts, the law and the sources of the evidence you will be relying on and you must be able to understand and argue all these points in court. Similarly, you must read and understand the defendant's arguments and prepare your responses to them.

 

Practically all that you need for your claim is available on this site (or readily obtainable elsewhere), including templates, case law references, rebuttals to possible defence arguments, basic bundle advice etc.

 

It's obvious that many users who already have court claims issued have not submitted adequate or accurate POCs or other evidence and/or do not actually understand the legal arguments their claims should be based upon.

 

Also there are many comments to the effect that this is only one claim lost against so many won!

 

NO claim has yet been WON!! No claim has yet been subject to a judgement of the court to the effect that these charges are in fact penalty charges and as such, unlawful.

 

All settled claims so far are simply that - settlements by the banks WITHOUT admission of liability. There is no room for complacency!

 

The one good thing to come out of this poor man's initial defeat is that it is a good wake up call! He HAD prepared pretty well for his hearing and still was not successful. I'm sure he has good grounds for appeal and wish him the best of luck. But some users here don't seem to have a clue what is required, despite being probably only weeks away from a possible full hearing.

 

PLEASE, for your own sakes, get prepared!!

 

It's plain that many can ill afford the costs involved in taking these claims to court in the first place. Don't risk throwing your money away for the sake of a few hours study and preparation.

 

A suggestion for today's study:

 

CPR - Parts and Practice Directions

 

Happy reading!

 

BS

[pward33]

Thanks c allen, will do

[fidz]

Go ahead as normal. This case was a freak anomaly which was gifted to Lloyds rather than won by Lloyds, and should not deter anyone. Just prepare your case as thoroughly as possible

 

I totall aggree please dont get disenchanted or dis hartened think about it was not an appeal high court or law lords ruling but a DISTRICT judge in a COUNTY court it the judgement does not have any baring on any other case claim or court.

and moreover as one of this site creators posted in this thread

http://www.consumeractiongroup.co.uk/forum/show-post/post-825486.html

 

http://petitions.pm.gov.uk/PAYUSBACK/

Deadline to sign up by: 21 May 2007 – Signatures: 1,309:shock:

[carter56]

signed on the dotted line

linda

[dx100uk]

Lloyds "Victory" - A View of the Judgement

 

makes more sense

 

dx100uk

[flower19]

Hi everyone

 

Please don't panic.

 

I agree with BlueSmartie, it seems to me that the claimant (no disrespect) did not prepare his case as he should.

 

The members of this site have always been encouraged to read as much as they can on the subject and prepare their claims.

 

I hope this does not stop people from claiming but please do your homework.

 

Flower

[raymac]

I need some advice because I'm concerned about what happened to this poor chap yesterday losing in court to Lloyds. I have sent 3 letters to Lloyds TSB asking for £1117.80 back to which I have not received a reply. Firstly is this usual because I was hoping for something from them so I could negotiate a settlement? The first letter I sent was over a month ago so now I'm considering taking legal action. Is yesterday's case going to affect my claim? What information do the courts require from you once you make your claim? I was also surprised that the chap who lost his case was cross examand in court for an hour when Lloyds didn't even bother to turn up. Why was this?

[empowered]

I need some advice because I'm concerned about what happened to this poor chap yesterday losing in court to Lloyds. I have sent 3 letters to Lloyds TSB asking for £1117.80 back to which I have not received a reply. Firstly is this usual because I was hoping for something from them so I could negotiate a settlement? The first letter I sent was over a month ago so now I'm considering taking legal action. Is yesterday's case going to affect my claim? What information do the courts require from you once you make your claim? I was also surprised that the chap who lost his case was cross examand in court for an hour when Lloyds didn't even bother to turn up. Why was this?

 

Please read the FAQs and Step by Step Instructions first! Send your prelim and give them 14 days to reply or (not!), then send your LBA and wait 14 days for your reply (or not!) and then file your claim at court. You can never "negotiate" a settlement with the banks - it is your money and you deserve every penny back plus interest. Yesterdays action was a blip because the claimant allegedly was not fully prepared and I bet it came as a great surprise to Lloyds as well that they won! Just realise that you are taking on the banks and courts and don't be complacent - research everything on this site and read the success stories. Have you started your own thread in this forum? - this thread is far too large and your questions will get lost. Good luck and shout more if you need help.

[passivenomore]

Just subscribing!!

[photoman]

Just wanted to comment, that the people who seem to running around flappin like headless chickens the most, are those with the lowest post counts.

Many of those panicking have also just jumped right in at the deep end, skipped all the rudimentary reading, and just started proceedings without actually understanding what they are really doing ??

 

Only NOW have they just started asking really very basic questions !

 

 

You are taking somebody to court !!!!!!!!

 

 

If you were not willing to actually go into a court, then why did you start the process in the first place ?

 

You have far far less chance of winning the lottery, than of ending up in court over this. Yet despite the amazingly slim chances of winning the lottery, you do really believe that "it could be you", and do have a decent chance of winning, so keep playing.

 

Well the chances of ending up in a court due to taking these actions is much greater and much more real by comparison. So actually in this case much more so "it could be you", as was amply demonstrated yesterday.

 

 

Also, if you quote laws and cases, make sure you do actually read them first!

 

Your probably the same people, who without ever having used one before, go out and buy a new computer, then plug it in without even a cursory glance of the instructions.

You then take it back to the shop wondering why it wont work ........

 

...... aaaahhhhh haaahhh......actually that would also explain the low post count !!

[mazzxtc]

http://www.gm.tv/index.cfm?articleid=24657

If you haven't seen this yet, I suggest you have a look.

Martin lewis on GMTV regarding Lloyds win.

(thanks to moneysavingexpert.com)-playfire1