adamski V lloyds ***SETTLED IN FULL***

[adamski]

OK

phoned my local court today regarding my case, they told me that all penalty charge cases at my court were being sorted out in a block and i would get a court date in January.

This i feel is good news as it means that Lloyds will soon settle, as my account is still over my overdraft limit and they are charging me more penalty charges every month as i am no longer using it, so far i think it must be another £800 plus.

I will try to get the settlement altered to include this sum or i will go throught the motions again with a separate claim from prelim to LBA to moneyclaim so by my sums on an average i should be done with Lloyds by June 2007 so it would have taken me exactly a year.

Until the next installment which should be this week.

Regards

adamski

[adamski]

TAKE NOTICE that the DIRECTIONS HEARING will take place on 27 February at 11:30AM

at ****** County Court,

When you should attend

30 MINUITES has been allowed for the DIRECTIONS HEARING

Please note: This case may be released to another Judge, possibly at a different court

 

Received today

Case management hearing

More waiting......

Regards

adamski

[adamski]

Does anyone know if i can speed this up, i think 3 months for a directions hearing is excessive.

adamski

[elsinore]

[quote name=adamski

Please note: This case may be released to another Judge, possibly at a different court

 

Does that mean that the court is overburdened with claims and might share them out to courts with smaller workloads? I’d be inclined to ring the court and ask them.

 

If so, providing you were happy to travel to another court (within your range?), you could apply for that to happen, on the grounds that 3 months is an unreasonable time to wait and a transfer would bring forward the date of the directions hearing. Your application could suggest that, in the alternative, the court reviews its earlier decision and brings forward the date of the hearing, if at all possible. Maybe include some comparative waiting times from other cases.

 

Also, this might be useful http://www.telephonehearings.co.uk/types/index.htm

 

Elsinore

[adamski]

What my local court is doing is amassing all the bank charge claims and sorting them out with the same judge on the same day or week.

Thats all i know, i think its unfair they are not treating us as individuals seeing as we have all paid for a seperate serivce my two claims have so far cost me £300 in court costs which i can ill afford, i ws hoping that when i started out in June this would all be sorted for Christmas, but because of lloyds and the other credit cards and banks constant stalling and abuse of the court system its going take me nearly a year to claim back what is mine.

I feel the courts are as much to blame as the banks because of their inefficiency, the attitude that i have had from court staff is that we are a pain the rear end.

adamski

[whoareya]

Hi,

First post, be nice

 

I've been doing my thing just using MoneySavingsExpert and dipping in to copy the letters, I have taken Lloyds to the MCOL (for nearly £2.5k), they have replied stating that their solicitors will defend.

 

Adamski, keep the thread updated I am reading this as this is my template.

 

Perhaps I need to more time reading - thought I had done lots of it already but what is an AQ, can someone link me please.

 

 

On another thread I have approached Barclays with £1k, they offered £500 as good will. Keeping them on hold and seeing how well I fair with Lloyds

[adamski]

Hi

heres a link

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Getting pretty down as all the people who started their MCOL at the same time as me are all getting settlements and i dont seem to be getting anywhere.

At a loss now as to what to do next

adamski

[freebird]

Adam o9u need to get on initiating an out of court settlement with SCM

send them a letter, fax it too and follow up with a phone call. The letters tend to goto their clearing debt, so faxing is quicker.

You're the claimant, tell them that you are showing good will and trying to prevent the case from going to court so will they pass your terms of settlement on to their "client's" and come back to you by 7 days with their instructions. I know we have to follow timelines etc..but there comes a time when you have to be the one calling the shots..

good luck

[miss_squeezy77]

Absolutely agree with freebird, you might want to look at http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-lloyds-defence-claim-vague.html and GaryH's main thread vs Lloyds for some inspiration and suggestions for a letter.

 

good luck and do keep us posted!

[adamski]

Thanks for the support!

I am going to ring SCM to see were i stand and to point out that i have a directions hearing, i will try to point out the longer they wait the more interest they will pay

adamski

[freebird]

adamski. send them a letter and FAX it too, copy in the court.

Stating the amount you are happy to settle for ( full amount claimed) with no conditions.

We know that if it went to court you MAY get additional costs and interest, but if you're prepared to accept full unconditional settlement, then YOU tell them that ASAP. That's showing YOU negotiating an out of court settlement !

good luck

[adamski]

Hi All

GOOD NEWS!!!!!!!!!!!!!!!!

I today ran SCM and was told there is letter waiting to be sent saying that full settlement is on to way to me HOOORAY!!!!!!!!!!!!!!

They told me they have around 20 - 30 calls a day regarding bank charges and they are spending a lot of time dealing with these so the less calls they get the more often they will settle.

I now await my cheque, hope this is of hope to all you claimants at this time.

Regards

adamski:D

[BARTY]

Congratulations Adamski!!! :D

Barty

[Leanne F]

Thanks for all this info. I have a court date of 8th January, to claim just under £3k back from Lloyds TSB. I have taken your advise and phoned SCM myself this morning and they 'have a settlement offer waiting to be sent' to me too!!

 

Maybe they are saying that to everyone that rings? They didnt specify a full settlement, but its only a matter of time now!!

[myzeejon88]

Congratulations Adamski and well done

[adamski]

The guy at SCM told me that they want people to stop ringing and writing and faxing as this is delaying the payouts, i beleive this to a certain extent but i think it maybe a way to delay things even more, he said "look i have spent 5 minuites on the phone to you and i have spent the same amount of time with 30 - 40 other people so as you can imagine this is delaying things somewhat".

Make of it what you will but i guess we will never know the truth.

Will keep you posted for when my letter arrives it will be the first correspondence since i got my LBA reply.

Regards

adamski

[miss_squeezy77]

That's great news!!! I know how stressed you were about the court date, really pleased for you! The big question now is, have you had your cheque or written confirmation???

[havinastella]

First Post :o

 

Congrats, Just starting the long process. Had someone from Lloyds customer care tell my partner to cancel some of her Direct Debits as there is no way they will stop the £90 bank charges this month because she was £4 overdrawn for 2 days and a bounced DD for £9.99.

 

Can't wait to see how much they have charged us over the last 6 years. But as she has had the account for about 20 years, I wonder if she can claim for longer than the 6.

 

Any help gratefully received

 

Alan

[maryt_hawthorn]

congrats Adamski! and thanks for the info - I'm also in Cambridge, and had a bit of a panic when got a "pre-trial hearing" date for Feb 27 this morning... (don't seem to have had an AQ though so am slightly confused) - anyway will try the phone call/fax/ general hassle route!

all the best to you and your family!

[adamski]

Hi All

Got my settlement letter from SCM today with conditions.

It also said that and i quote

"Please note that whilst our client is prepared to settle this claim in full they are not willing to pay any other charges that you have incurred since issue of this claim.

The thing is they have took nearly another £800 since my claim began.

Do i ignore this and carry on eith my next claim?

I thin i will cross out the last 3 conditions sign and send back with a letter stating that i will start another claim for the rest of the charges.

 

Any thoughts on this?

 

Mary hawthorn.

Cambridge have amassed all claims for this date it is a directions hearing being heard by Judge O'brien. ie they will decide wether or not these claims will stay on small claims or go to Mercantile court.

All the Banks will settle before this point except Citicards who i have an ongoing claim with Citicard will be at Cambridge on the 27th Feb, as they are defending all claims until the outcome of a test case on the 12th December.

 

Regards

adamski

[freebird]

brilliant Adamski..well done mate.

yes accept settlement unconditionally and then when you've received it start off a new claim for your additional charges etc...

 

WTG mate, congrats.....

[freebird]

Alan, start a thread in your name in the Lloyds forum and then we can follow your claim and give you some support

good luck mate

[elsinore]

CONGRATULATIONS!! Adamski.

Well done Space Brother! Your flying saucer has finally landed!

 

Elsinore

[myzeejon88]

W E L L D O N E got there in the end.

[adamski]

This is my reply to SCMs crap offer letter, any thoughts welcome.

 

By the way can my thread be moved back to the normal forum my claim is really yet to be settled i never asked it to moved here!!!

 

Confidential and Privileged

Dear Sirs,

Your Reference: XX/XXX/XXXXX

In the XXXXXXXXX County Court

Mr XXXX XXXXX v-Lloyds TSB Bank plc

Claim Number: XXXXXXXX

This letter is marked ‘without prejudice’ and is ‘confidential and privileged’ which means it will not be produced in court, and is confidential between my wife and I, you and the Bank.

I would like to inform you that I have received your letter dated 24/11/2006 and I would like to accept points 1 and 2 of your supposed settlement

I refuse to accept points 3 to 5, and I especially find offence at point 5.

I had repeatedly asked your clients Lloyds TSB for an increase in overdraft in fact I had an appointment with your client for an account review and I still ended up having an overdraft entirely composed of unlawful charges and because of your clients refusal to increase my overdraft, my account suffered more of your clients unlawful charges.

However like you I am also quite confident that I can prove my case in court and prove that these are in fact penalties that you are trying to cloak as a service charge.

I am also very confident that a judge will also see it this way.

Whilst I have to mitigate my loss I am prepared to accept the figure you quote along with my costs of £500.

Please note that whilst I am willing to settle on my terms that I have outlined as the claimant in this case I will pursue your client for all the charges that have been incurred since the issue of this claim and unless your client is prepared to settle these charges that have occurred since my claim on top of the already settled figure then a separate claim will be pending in XXXXXXXXX County Court within 14 days of your client receiving an LBA which will be issued as soon as the figure credited to my account is verified to not contain these charges.

Your client is well aware of these charges that have occurred since my claim and I suggest it is in your clients interests to settle these as if I have to make another claim I will not hesitate to do so.

If you or your client require a schedule of charges for the new impending claim I will supply one if you request it, although if your client needs this information then there maybe an issue under the Data Protection Act as your client as a Data Controller should have this information by law without having to resort to asking the subject for the information.

If the figure you have outlined is not credited to my account within 7 days of receipt of this letter then I will proceed with the already impending court action.

Yours faithfully