Big Ninja v Lloyds TSB

[Big Ninja J]

I have 2 a/c's with Lloyds - one of which I opened approx 15 years ago. I also worked for them for 2 years. Am about to send off my claim form to Morpeth County Court to reclaim £1320 plus costs.

 

One thing that concerns me is reading about the importance of having Terms and Conditions for the court - I have none of the documents from when the accounts were set up, is it possible to get these?

 

No doubt I could probably find some current Terms and Conditions but are these really relavent if the accounts are years old when the wording and figures would obviously have been different?

 

Has anyone actually had to attend court and present a case to a judge - if so how do you go about doing that. I am no stranger to attending court as I work as a Police Officer but the prospect of presenting a case to a judge regarding banking, fair trading law which I know little about is a little daunting to say the least.

 

Any assistance will be greatly appreciated.

 

J

[jshtr3]

Hi, Dont worry about T&C's yet, you're a fair way from a court date. The moderators are currently collecting old copies so they should be available when you need them. Some people do have to attend court but it's quite rare and normally the defendant doesn't show and submits a paper dafence. Hope that allays some of your fears

[Big Ninja J]

Thanks jshtr3 - hopefully they will settle well before any court date but guess I will have to wait and see. From reading other peoples threads it seems almosty pot luck as to whether they settle early or not - hard to believe its the same department dealing with all these claims.

[Big Ninja J]

Quick query for anyone who knows the answer - having printed off three copies of form N1 and schedule of charges, do all three copies get sent to the court or do I keep my copy for myself? Possibly a silly question but dont want to keep a hold of copy 3 if the court require it.

[GuidoT]

3 copies to the court, they will return 1 copy to you with the court seal.

[Big Ninja J]

Well, am off to deliver the forms personally to the court - dont trust the post service enough. Will update again as soon as there is anything to tell.

 

Thanks to both of you who have helped so far.

 

J.

[Big Ninja J]

Forms delivered to the court and paperwork stamped and returned to me 2 days later. So far so good - Lloyds have until the 28th June to return either a response or an acknowledgement of service. Here's hoping for a quick resolution.

 

J

[Big Ninja J]

Quick update guys - tomorrow is the final day of the fortnight that Lloyds had to respond to the court. So far I have heard nothing. I intend to ring the court tomorrow, find out whether Lloyds have responded and if not and if not then take my form requesting judgement straight down.

I have however, today received a letter from Lloyds informing me that they wrote to me four weeks ago (news to me!) updating me on the progress of my complaint and that they were still not in a position to progress it any further. I received no such letter 4 weeks ago - the only letter I have had from them was the initial Screw You letter they send to everyone saying they have done nothing wrong.

They must think I am a complete idiot. Still at least things have progressed from we have done nothing wrong to we are still looking into your complaint.

Is this a positive sign? I doubt it but will know more tomorrow. Stay tuned.

 

J

[BARTY]

Hi

Have a read of this link:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

Good luck, let us know how you get on.

Barty:)

[Big Ninja J]

Thanks Barty for the above link - unfortunately Lloyds appear to be doing their usual stalling tactics and left it until the very last moment to return their acknowledgement of service. Consequently they now have until the 12th July to respond.

I was intrigued by the letter they sent stating that they were investigating my claims and that they had sent an earlier letter 4 weeks ago updating me on progress. This I never received and I doubt it actually exists. Is this another standard response from Lloyds?

Is the best step now for me to wait or write to them again stating my intentions to follow this through.

J.

[BARTY]

Hi

I wouldn't bother replying, that is just a standard letter from Lloyds.

Barty:)

[Big Ninja J]

Thought it probably was - Lloyds have filed a defence so court has sent me through a copy of that and an allocation questionnaire. It all seems pretty straightforward at first glance.

 

I am assuming that the defence that Lloyds have provided is probably a generic one that they provide for all cases. It basically states that I entered into a commercial arrangement and that when opening the accounts I acknowledged that the charges are incorporated into the contract. They also say that the charges are not penalties but are for banking services. They state that these charges are fair and reasonable and deny my claim in its entirity.

 

Is this a bog standard defence form that they sent out for every case or do the solicitors acting on their behalf actually do some work and look at each case individually?

 

J.

[GuidoT]

These should help you complete the AQ, New Strategy really a must now:

 

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

.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

If you defence looks like this, it is standard (it may have the odd additional paragraph about CI or pre 6 year charges):

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb.html#post466483

[Big Ninja J]

Thanks GuidoT - have read through many of your other posts - its good to see so many people staying on the site to help others.

 

Am planning on getting my allocation questionnaire done over this weekend and hand delivering it to court on Monday.

 

I know I am still some way off needing to prepare a court bundle but reckon the sooner I start planning the better - do you know of anyone who managed to find relevant Terms and conditions - I have two Lloyds accounts - one is approx 14/15 years old and the other 5/6 years old.

 

J.

[GuidoT]

Are you still awake after reading many of my other posts?

 

Lloyds Terms and conditions:

http://www.shadeofblue.co.uk/court_bundle_evidence.shtml

By the time you get to preparing your bundle some other T&Cs will have emerged.

[Big Ninja J]

Still awake - the defence I received was worded exactly the same as the one you copied in above. Good to see SC&M are really earning their money. Have spent last couple of days trying to get my head round new strategy - had visitors in house when first read about it so it all seemed blurry. Now I have some peace and quiet it appears straight forward and sensible.

 

Thanks for the T & C's - I have a question though - will I require a copy of T & C's from the year in which I opened the account - or can I use them from any time? My feeling is that wording may have changed and if I cannot produce the relavent T & C's from when I opened my account then SC&M may be able to play on that.

 

J.

[GuidoT]

The wording will have changed, I am not sure which terms you should use, but given that clause 13.4. (of the link in post 15) says they may alter the terms from time to time, by giving you 30 days notice then I presume that the latest terms would supersede the previous terms. I would welcome anyone else's view on this point though.

[Big Ninja J]

I have just read that point - did not notice it before - I guess then that one clause in itself should mean that the most recent T & C's should do for anyone's claim.

 

I agree however it would be useful to hear from anyone who may know different.

[Big Ninja J]

I hand delivered my allocation questionnaire and draft directions to the court today. Posting a copy to SC&M tomorrow.

[McIavelli]

Just subscribing to this thread.

[Big Ninja J]

McIavelli - good to see you - are you in process of claiming too? If so how are you getting on?

[GeForceUK]

Hi Big Ninja

Now subscribing to your thread. Good luck.

 

GeForceUK

[GeForceUK]

Hi Big Ninja J

Did you put a covering letter in with you copy of the AQ and Draft proposal that you sent to SC&M?

If so is there a standard template anywhere or is it just a case of saying here it is? Do you offer them another chance to pay up?

Sorry for being so thick but I had to ask.

Regards

GeForceUK

[Big Ninja J]

I have not seen any draft letter - I simply addressed it to the bloke who had signed the defence they filed and told him what was included. Did not give them another chance to pay - I reckon if I continually ask them to settle then it probably shows that I really dont want to attend court (which obviously I dont). Trying to appear as tough and confident as possible. If they are going to settle I guess it will probably be at the very last moment.

 

J

[GeForceUK]

Thanks for the reply Big Ninja.