Redfaze Vs Lloyds TSB***WON***

[Redfaze]

Having lurked around the forums for long enough i think it's time to make my first post. I am currently claiming back approximately £2000 from Lloyds TSB. Thus far my claim has followed the same pattern as almost every other claim against them with the same standard pro-forma responses, I have rigidly stuck to schedule with regards to the claim and i am now at the stage where they have defended the claim and it has been allocated to my local county court.

 

The defence appears to be the default defence and i am unfazed by the prospect of court as i feel that with good preparation the case is a strong one, however i am considering whther it may be worthwhile writing to SC&M offering to settle out of court, if i do write to them should i also submit a copy to the court? I am claiming back the charges plus the standard 8% statuary interest.

 

One potential area of interest is the interpretation in the Berwick case (and also in the defence i have received) that the charges are for a 'service' however i have an example where i was charged for missing a DD payment, this payment was returned unpaid to the company who presented it and i was charged £38 by the bank. I would counter the existence of a 'service' in this instance, there is little doubt this is a punitive charge. Lloyds TSB have also employed the dubious tactic of charging me when one of their own charges has caused me to become overdrawn, how this could be argued to be a legitimate fee for a 'service' is beyond me!

 

The judge at Northampton has ordered that

 

"The filing of the allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise"

 

I presume this means i will not be required to complete an AQ as the claim has automaically been assigned to the small claims track? In which case what can i expect to happen next? I know Lloyds TSB have in some instances applied for a stay to further prolong the process.

 

This site and the forums have been a great help thus far!

[jshtr3]

Hi, all seems to be going well, you should hear something from the court soon. If they request a stay have a look in the sticky section, there are some letters in there you can send. Good luck.

[Redfaze]

Has anyone had any luck in 'nudging' SC&M to reach a settlement? I feel that at least attempting to negotiate prior to court would reflect more favourably on me and make the defendant look unreasonable. Am i correct in assuming that i will receive further correspondence from my local court shortly?

 

I am considering faxing SC&M tomorrow stating that i believe they are abusing the court process and placing strain on a valuable public resource and listing several examples of settled cases. Would this be worthwhile/appropriate?

[louismm]

Hi

there is a letter that Maryt verus LloysTSB used that i just saw on a link. She sent a letter to SM&C to see if they would settle out of court. I copied one if you need it as i can not find the thread now!

I am at the same stage as you and not too worried about the court thing but just not sure about what i am suppossed to do.

Hope it goes ok and let me know what is happening.

[Redfaze]

I'm in the process of writing to SC&M to at least show the court that i have attempted to settle the matter, I have included a schedule of the charges and also copied in my local county court. I would also like to include a list of settled LTSB claims however the generator on this site that superceded the spreadsheet doesnt seem to work properly for me with many of the dates showing as anomalous figures. Does this happen to everyone or am i doing something wrong?

 

I don't think SC&M will negotiate a settlement prior to a court date but i don't see what harm it will do to write to them!

[Redfaze]

I have sent a 'nudge' letter to SC&M with a copy to my local county court. I have just called Lancaster County Court and i have been advised that all cases where the AQ has been dispensed with at Northampton are put before the judge at the court to see if he agrees with this.

 

I have also been told that the notice of transfer only arrived there this morning and they have a backlog of cases at the moment so it may be a few weeks before i hear anything from them!

 

It certainly has become a labourious journey considering i started all of this back in January! I may be completely mad but despite the hassle i am really enjoying the whole process, it has been informative! It has almost become a game for me..thats not to say i don't take it all very seriously but i am confident of victory!

[Will Scarlet]

Redfaze - SC&M seem to be in complete turmoil at the moment which is why cases are slipping through the net. The most important thing is that you show wilingness to come to an agreement. It will reflect poorly on them if they make no effort to respond.

[Redfaze]

My thoughts entirely which is why i have sent out a letter in an attempt to reach an agreement or at the very least to show willingness. I'm just wondering in light of what i wrote in my last post if it is worth sending the draft order for directions..or would this need to wait until i have paid the allocation fee?

[scaredlady]

I am at the same stage, and have a court date for 27 June, I have not been asked to do anything other than bring original documents, to the hearing. Do I just turn up on the day with my bank statments or should I be doing anything else. HELP!

[Redfaze]

If this is full court date and not a pre-trial hearing, then you should have been given instructions to submit a court budle both to the defendant and the court as well as taking your originals to court with you

[scaredlady]

It says Notice of Allocation to the Small Claims Track (Hearing), no mention of anything else and what is needed in the bundle?

[Redfaze]

Not sure, doesn't sound like the actual court date where you will need to argue your case, probably just a preliminary hearing, i would just comply with whatever the judge requests and take as much info as you have. It might be worth starting your own thread in the forum and going into more detail.

[scaredlady]

okay thanks for advice

[Will Scarlet]

Scaredlady - I would also make an attempt to settle prior to going to court. Can I suggest that you don't leave things to the last minute as regards preparing your court bundle (ie don't wait assuming they will settle) and make sure you've done your research. Don't forget the T&C's and most importantly don't be scared! You are right to be making this claim so don't let them intimidate you. Good Luck, all the help you need is on the CAG.

[Redfaze]

Does anybody have the fax details for SC&M? I'm at work ready to fax all my documents and i have just realised i don't have the number!

[Redfaze]

It's ok panic over..managed to find the details. Faxed a 'nudge' letter to them, got a transmission report back saying it had been received so i shall file that with the rest of my documents. i'm also going to send a copy by special delivery so that i have proof that they are receiving my correspondence.

[peeeweee]

hi , i have filed my allocation questionaire, and am awaiting my court dare, i am calaiming for about 1700 pounds, and i am getting worried that im going to get drilled in court, i really dont know what im doing with regards to the court bunddle, also i am desperatly trying to get a copy of the terms and conditions from about 5-6 years ago, can you help or please point me in the right direction, cheers

[Redfaze]

Hi peeeweee it might be worth starting your own thread. There is a sample court bundle on this site that should assist you in terms of past cases and relevant literature. As for the terms and conditions there is a sticky on the forum devoted to collecting the information, I've actually written to SC&M to request that their client (ie Lloyds) supply me with Terms and Conditions from the inception of my account to the present day thus if i turn up in court without the full T&C's i can at least point to the fact that these we're requested.

[ambercain]

Hi again Redfaze - just to say all the nudging and flexibility and attempts to negotiate will have the dual purpose of impressing the judge of the reasonableness on your side and of the other side's unreasonableness; hopefully when it comes to asking for costs this will stand you in good stead (there is information around on obtaining a "wasted costs order" around the time of settlement, which might add about £100 for you if you can show how much it has put you out to bring the action).

Good luck finding this!

[Will Scarlet]

Does anybody have the fax details for SC&M? I'm at work ready to fax all my documents and i have just realised i don't have the number!

 

Fax number is 01273 745356

[Redfaze]

Reading through a lot of the posts on the bank charges forums i feel it is pertinent to raise a point about the language used on the forums.

 

It is highly likely that solicitors acting on behalf of the banks and also the banks themselves (particularly those banks which resort to underhand tactics) keep a constant eye on these forums and will no doubt be heartened when they see posts which indicate people are scared or worried about taking action against them or do not fully understand the process

 

Whilst instigating litigation against a bank is not something which should be taken lightly and i understand that there will be a great deal of people who are unfamiliar with the process and approach it with great trepidation, The forums here on CAG are a fantastic resource and i would urge people to read,read, read..then to do some more reading to familiarise yourself with the process and gain an insight into the tactics your bank may use.

 

Tacking on "really worried", "scared", "unsure" to the end of your thread title is unnecessary. I mean no disrespect to those who have done this as i'm sure you are genuinely worried by the prospect of court action however you are in great company and provided your prepare thoroughly then you have a strong case.

 

Many of those who are new to the forums post questions without reading the announcements and stickies. Those threads are there for a reason and will give you valuable assistance as well as an overview of the process and the possible complications. I feel that many new visitors arrive on this site after following a simple step by step guide in a newspaper or on another website that makes the whole process seem simple and effortless, that is at least until you have to begin court proceedings. I must reiterate my previous point it is not something to be taken lightly but all of the help you need is on these forums!

 

It is time we approached the whole situation with a steely determination and resolve. Do not stand for any underhand tactics from the banks and their solicitors, get all of your documents in on time, be prepared, liaise with the courts if you are unsure of anything and can't find an answer on here (They are in my experience extremely helpful and usually hacked off with the banks behaviour!) pester the banks/solicitors and send all of your correspondence by recorded of special delivery. If you get worried from time to time read the success threads..which are growing every day! Try also to keep all of your eggs in one basket if possible and start a thread for your claim.

 

Please, please please refrain from posting negatively worded posts! Do not take it lightly but know that you have all of the help and support you need here! Do not allow the banks to think that all of their scaremongering and delaying-tactics are wearing you down!

 

Its just about time for me to climb off the soapbox but just remember its YOUR money and you want it back! I think we are all sick of the banks overcharging us and the more pressure we put the banks under the more chance we have of effecting a positive change.

 

I apologise if this has all been said before but i felt the need to issue a rallying-cry..and because i have had far too much coffee!

[Redfaze]

This morning i received two letters from SC&M both with the same date on, one of the letters asks me to make contact with my local branch for an account review the other is an offer in FULL and FINAL settlement of my claim. This is the amount claimed plus interest, plus the additional statuary interest which has accrued since issuing the claim as well as my court costs. This follows the 'nudge' letter which was faxed to them and the court a couple of weeks ago. Bearing in mind i haven't even had a court date yet or had my local court confirm that the AQ would be dispensed with this was completely unexpected!

 

The settlement letter typically includes some conditions including a confidentiality clause, now should i be crossing the terms out to show that i do not agree with them and returning the settlement letter signed? What i don't want to do is cross them out and for SC&M to reject this and not pay the settlement amount.

 

At this stage i do not want to reveal the full amount but it is in excess of 2k and i will be gladly making a donation to the CAG fund! Thanks to everyone for their help!

[Redfaze]

How do i change the main thread title to "won"?!

[christinajanep]

congrats a mod will change it for u

[Redfaze]

Ahh i suspected as much