First victory to Lloyds

[ataction]

Yes give them a few days, there is some discretion on time elapsed, they will very likely enter a defence.

[tina9776]

Thanks for you help, quick question, how long do they have to set the judgement aside - as long as they like or another 14 days, 28 days. I find it all so confusing, I find this site quite confusing too!

[broke dave]

Anyone wishing to answer tina9776 she now has her own thread.

[broke dave]

Tina,

 

Just stick to your thread - put all of your questions on there and we will be able to follow your progress. Don't worry we will be able to find you

[WayneBrannan]

Sorry if there is already a thread for this - but just read this:

 

BBC NEWS | Business | Lloyds wins second charges case

 

LlloydsTSB has won abother case. Anyone got any information on the specifics of this case, for example, what aspects of the POC were inadequate?

 

I'm a bit worrie because I didn't use the POC from this site for my HSBC claim, I used the Martin Lewis POC (long before I knew of this site). I'm hoping that's not the reason why this chap failed!

[noomill060]

Just another claimant who didnt have a clue what he was doing.

 

Dear God, he didnt even bother turning up himself!

[noomill060]

Carry on regardless.

 

Follow the well worn steps from this site to the letter and you will be fine.

[photoman]

Quote;

 

Mr Rudd, who did not attend the hearing either, said afterwards that he thought his paperwork might have been inadequate.

 

I don't know in what format this particular claim was submitted in (N1 or MCOL), however;

I think this just goes further to affirm my own view that if possible submit your form at the court as an N1.

Unless you live in a stone cottage in the outer Hebrides I personally would just avoid MCOL !!!

 

And also put everything you can possibly find into your court bundle (obviously making sure it is relevent and that you really HAVE actually read and understood it all )

[Catlover64]

I've read the above - and yes, would like to submit my claim via N1. But have been advised by my local court all paperwork is sent to Haywards Heath, and will take 2 working weeks for issue. I don't really want to give my bank any more time (they've had six weeks already), so have reluctantly decided to go down the MCOL route following instructions from here, and hope it'll be OK...

 

I've asked this on HSBC forum already, but is the gentleman a member of this site?

[tina9776]

Has anyone used a "no win, no fee" company and would they recommend one? Although I know that if you win you hand them 25% I wonder if it may be worth it in order to ensure that the court "bundle" is correct. I am waiting for Lloyds to put in a defence from my MCOL, although they have exceeded the 28 days with no defence and I have made a request for judgement. However I've been advised that Lloyds can still set aside the judgement and put in a defence - seems ridiculous, what's the point of setting the 28 days if they can still put in a defence afterwards! Anyway, I'm scared about what to put in my bundle following another win in court by Lloyds - also does anyone know where I can get hold of Lloyds T&Cs that may be relevant? Sorry to go on but lastly Broke Dave very kindly set up a thread for me - Tina9776 v Lloyds, but I've no idea how to get onto it - can someone talk me through it in layman's terms.

Thanks for reading my speel and very grateful for any answers.

[broke dave]

Hi Tina,

 

Me again. Go to the Lloyds TSB forum and look for your name on the threads that are listed there. You have obviously done this to get onto this thread.

I am going to put a message on now which will put you (tina9776) at the top.

Click on that and you can see and post messages thare.

[pestrick]

where would one get the T & C for an account from 2001? these are not on their website?

[OscarK]

I am looking for T & C's dating back to November 1991 from the Abbey. I am going to write to them requesting a copy - a copy will go in the court bundle, I doubt they will be able to supply this to me, but at least I tried, and then I will put in the T & C's that I collected from the Abbey recently. Unless anyone thinks this is not a good idea .........

[PPMAN159]

Oscar

 

Try posting this thread in the Abbey section-someone may have a copy of what yiu are looking for.

[pete32]

iv had letter off lloyds sayin they dont pay out for my bank charges, ie goin over overdraft limit, unpaid d/d, bounced cheques, help! what shud i do now?

[photoman]

iv had letter off lloyds sayin they dont pay out for my bank charges, ie goin over overdraft limit, unpaid d/d, bounced cheques, help! what shud i do now?

 

Pete

Standard stuff and standard response.

 

Carry on with your actions as per the step by step instructions.

 

Also, you should start your own thread so that you can keep track of your claim.

 

First of all read the Frequently asked questions here

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

DO READ THE STEP BY STEP INSTRUCTIONS !!!!!!

As you go on, you’ll also find this very helpful:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

You’ll then need to start your own thread;

Go to here:

http://www.consumeractiongroup.c o.uk/forum/

 

Find the name of the Bank your action will be against.

Click on it (the name of the Bank in Bold Blue)

On that page, you will then find a label saying "Forum Tools" (just under the list of page numbers).

Click on it. It will show you some options.

Firstly, it's a good idea to subscribe to the Forum ,as you'll then recieve updates from people in similar situatioins against the same Bank. So click on Subscribe. It will ask how often you want updates (Personally I like Daily).

Once Subscibed to the Forum it will redirect you back.

Hit the same button and choose "Start new thread"

Give your Thread a title eg: yourforumname v whatever bank

(choose how often you want updating by email if anyone posts responses in your thread)

 

Then your up and running !

 

Whilst your there, you might want to take some time to have a look at some of the threads by people taking action against your same Bank, very helpful. Remember, any threads you want to follow, you can either choose the thread tools button, and choose subscribe to thread, or simply whenever you make a post in a thread it will automatically subscribe you to that thread.

On the main page I've posted above, you'll also find lots of highlighted "stickies", which have lots of very informative stuff in them too.

Once your ready to start , you’ll need to do a schedule of charges to submit to the bank, try this one:

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

Best regards and good luck

 

photoman

[lsba02853]

Forgive me, but i thought you didn't claim the 8% until it got to the court stage?

[PPMAN159]

Isba

 

Correct

[robertdegouveia]

hi all,

 

was very worried about this whole berwick story but i have done a bit of research and i think the banks have gone and screwed themselves. i have read the terms and conditions of my account and this is what it says.....

 

"You must always ensure that the cleared balance ....

-...

-...

-...

– any other transactions are due to take place, including the application of interest and charges

is sufficient to cover payment of all these transactions."

 

hence if you do not have sufficient funds to cover payment you ARE in BREACH!!!!

 

i would assume that most bank t&c's are similar. not that i am an expert but i really dont think that the judge in this case looked into the T&C's properly. i dont know if the banks can pull out of an appeal at a higher court. if they cant and berwick appeals and wins they might be headed towards their worst nightmare "a precedent".

i suppose the thought of taking these monsters on must be quite daunting for kevin berwick but i think a few knowledgeable people have come forward and offered their assistance. i wont be put off by the ruling and i encourage others to continue with their claims!

 

good luck kevin

[Champnos]

From what ive heard there will be no appeal as new evidence is not admissable. This means a new judge would more than likely rule in favour of the bank as did the first. I believe this case is beign passed to teh Ombudsman.

[jowalshy]

Was anyone aware that Lloyds have won again. I can't find any info regarding this on this site.

 

Here is a link for the BBC news page regarding it:-

 

BBC NEWS | Business | Lloyds wins second charges case

[terry1]

i believe if you go prepaired and do your resurch you have a better chance or reclaiming your charges,

lessen to be learnt from both of these cases

[AbbeyLong]

Hi there. I am a WORRIED NEW MEMBER !

[cub533]

Hi there. I am a WORRIED NEW MEMBER !

 

 

It is normal to be worried, just focus on preparing for court , if you have a convincing story for the Judge backed up with evidence (T&C's letters they have sent ) then you have done all you can, try to look for loopholes in your arguement and fill erm, are there any terms you need to brush up on

 

It seems to boil down to

 

Lloyds say that charges are for services. We say they are not

 

Once that bit is covered then I guess we have to go on to say why we think they are excessive.. lots of material to choose and add to the bundle (CYNSYS etc)

 

 

Good luck

 

Cub

[photoman]

Hi there. I am a WORRIED NEW MEMBER !

 

 

Hi

 

Have a read of my post number 443 above.

 

All the frequently asked questions and info you need.

 

Also advice on how to start your own thread.

 

Regards

 

PM