Brucey vs Lloyds TSB

[Brucey]

Hello, wonderful site here, amazingly helpful. I don't expect people to be any more interested in our case than anyone else's but I have read many times how the MODs suggest we should start our own thread.

 

We have received a court date today for 6th August. We have been through what everyone else has been through, from getting the statements, firing off the letters through to using Moneyclaim, and I suggest we are a typical case.

 

 

I have two questions to ask if I may:

 

Firstly, in the court date letter today it said that the district judge had "considered the statements of case and allocation questionnaires filed and allocated for claim ....."

Now, we were never ask to fill in an AQ. Is this strange or in any way detrimental to our case?

 

Secondly, I have searched everywhere for T&C's but the best out there seem to be from Chris/shadeofblue here .... is it a problem that they are from late 2004 and we opened our account way back in the '90s and are obviously claiming back to early 2001? In our bundle how can we possibly link those T&C's to our individual case? Does it matter that they are not only NOT the T&C's we received when opening the account but they are not even from the same year? Can we still 'assign' them to our case?

 

Thanks in advance for any help.

 

Brucey.

[Brucey]

Have got the first question answered ... it turns out my sister actually did receive a letter saying the allocation questionnaire had been dispensed with, so that's good.

 

 

I wonder, though, can anybody answer this question as I haven't seen anybody else ask it on the site and therefore it may be a new development and may help people in the future as well as me:

 

Our claim has been allocated to the small claims track and the Notice of Allocation she received says the hearing of the claim ... should take no longer than 5 minutes.

How is this?

 

It says the case "has been listed with other appointments in a block list. As a consequence, it may not commence at the exact allocated time. This practise enables earlier date to be given and avoids lost time due to late settlements and parties not attending."

 

Is this because the courts are getting fed up with the banks delaying and/or not attending, does anyone know?

[Brucey]

I wonder, though, can anybody answer this question as I haven't seen anybody else ask it on the site and therefore it may be a new development and may help people in the future as well as me:

 

Our claim has been allocated to the small claims track and the Notice of Allocation she received says the hearing of the claim ... should take no longer than 5 minutes.

How is this?

 

It says the case "has been listed with other appointments in a block list. As a consequence, it may not commence at the exact allocated time. This practise enables earlier date to be given and avoids lost time due to late settlements and parties not attending."

 

Is this because the courts are getting fed up with the banks delaying and/or not attending, does anyone know?

 

 

 

Ah, found the answer:

 

The flood of claims against banks is also placing an increasing burden on the county courts around the country, where claims are heard if the banks choose to defend them.

 

"They are increasing in number all the time," said an official at Southend county court.

 

"All courts are being inundated with them." Some courts, such as Southend, have adopted a strategy of block booking claims for a particular day so they can all be dealt with at once.

 

..

 

A number of judges around the country have become increasingly annoyed at the tactics used by the banks.

 

Once the legal procedure has been started by a claimant, the banks typically tend to settle claims just before the hearing, or on the day of the hearing itself, or simply fail to turn up in court at all to substantiate their written defences.

 

link: BBC NEWS | Business | Bank claims deluge legal service

 

 

Will this mean, as a block listing (our case is at Bristol), that the judge is most unlikely to look at the paperwork of the individual cases?

 

Got to be good news, surely?

Could it therefore mean that the blessed T&C's may not turn out to be vital?

 

.

[Brucey]

Had a letter from SC&M saying that their client wishes to enter into settlement negotiations but they think there is a discrepancy in what we are claiming. They want full details of each claim, dates & amounts of all individual charges, how the total sum was calculated, how the interest was calculated .. in other words, exactly what has already been submitted to Lloyds TSB.

 

Seems like good news and hopefully this will see us fully reimbursed before court is necessary.

[BARTY]

Hi

Shouldn't be too long now then:)

Thought I'd better post as your thread looks very lonely:wink:

Good luck, let us know how you get on.

Barty:)

[Brucey]

Thanks Barty

 

Wife been in hospital for a while, will be for several days yet, two young boys to look after, bundle not ready with only a week to go, desperate to see the money appear in the account to save me the trouble!!

[pupil]

Re: Brucey vs. Lloyds

Might see you on 6th August at Bristol. Have had identical letters. No AQ etc. Rang court they said AQ often dispensed with for bank charges cases

[Brucey]

Ah yeah, we're in the 10am block booking too.

 

Got our bundle finished yesterday (many thanks to zootscoot for help) and finally delivered it 1) by hand to court and 2) by special delivery to SC&M, which they received this morning.

 

Does anyone know .... if, as one must presume will be the case, we don't receive their bundle from them on Monday, what is the best course of action? Phone them, phone the court, or sit and wait?

[BARTY]

Hi

Have a read of this link:

Error

link does work

 

Barty:)

[pupil]

Hi Brucey.

Hope I've sent bundle to correct place I sent it too registered address of bank in London.

I wish I could make Lloyds pay for all the time, effort not to mention paper and ink that is going into preparing for a 5 minute hearing!

Pupil

[nicsussex]

Hi Brucey.

Hope I've sent bundle to correct place I sent it too registered address of bank in London.

I wish I could make Lloyds pay for all the time, effort not to mention paper and ink that is going into preparing for a 5 minute hearing!

Pupil

 

Should have gone to SC&M and the court!

[Brucey]

Oh dear pupil, I hope that was a joke :o ... what happens if SC&M don't get it by Monday?

 

Barty, thanks for the reply but I am not getting on with consumerwiki. Gives me the front page mixed with several lines of stuff like:

 

Warning: Cannot modify header information - headers already sent by (output started at /home/cag/wiki/AuthPlugin_vBulletin.php:200) in /home/cag/wiki/includes/OutputPage.php on line 450

 

or it tells me to log in, which I can't and it won't let me go to another page.

[BARTY]

Oh dear pupil, I hope that was a joke :o ... what happens if SC&M don't get it by Monday?

 

Barty, thanks for the reply but I am not getting on with consumerwiki. Gives me the front page mixed with several lines of stuff like:

 

Warning: Cannot modify header information - headers already sent by (output started at /home/cag/wiki/AuthPlugin_vBulletin.php:200) in /home/cag/wiki/includes/OutputPage.php on line 450

 

or it tells me to log in, which I can't and it won't let me go to another page.

 

Try this:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

Barty:)

[pupil]

Hi Brucey and Nicsussex,

I did send bundle to banks's reg office because I have never had any correspondence with SC and M and I thought that I didn't have an address for them. Have just checked and I do have the address at the bottom of the court letter. Now feeling very sick. Will phone the court tomorrow and explain what I have done and take advice.

Sad Pupil.

[fincal]

hi guys, im in court in bristol on 9th august and have to submit my bundle by thirsday at the absolute latest and feel sick with stress, good luck with your claims

[Brucey]

Searched for a thread like that and couldn't find it, very helpful Barty, thanks very much.

 

pupil, let us know how you go, best of luck.

 

Good luck fincal, make sure you get that bundle in, sent special delivery (not recorded) by Weds morning! (mine was £7.75)

[fincal]

thanks brucey, im so worried that i havent made my case personal enough or missed stuff out! must admit when i first started this i didnt realise just how much was involved! did u use the robison case? cant wait for this to be over..roll on submission of the bundle!!

[pupil]

Thanks for your support Brucey. You too fincal. Hope we all win. Was feeling relieved to have completed bundle but now feeling anxious again.

Pupil

[fincal]

know how your feeling, im here now trying to get this bundle done. its the order of things im finding a nightmare... one minute i'm following the order of the basic budle, next i find i'm following the statement of evidenace order oh well im sure it will be ok!! i hope! any way all the best !

[pupil]

It's a nightmare and if I win this case I will definitely be asking for costs of time, paper etc. I have not worried too much about the order as I am relying on the contents page to be fairly self explanatory to anyone who wishes to read the papers - which I am not convinced they will. Really wish I had sent the stuff to SM and C though or got a response saying it was OK to send to the bank's headquarters.

[fincal]

Yeh Im Thinking About Doing That Too! Its A Shame U Didnt Sent So [problem] But Dont Worry U Did Send It To Lloyds And You Have Proff So Hopefullt It Will Be Ok All The Best

[pupil]

Hi Brucey and Fincal

Spoke to case manager at court today. She was really helpful but said that I should have sent papers to SM and C. However when I asked if that meant the case would be struck out she said no - because I had fulfilled my side of sending papers to the other party i.e. the bank - but I still had to send to SM and C. Did so today by special delivery

[pupil]

Hi again Brucey and Fincal

Have either of you received any paperwork from the bank? I haven't and I don't know what the significance is. I also have not received any offer letters Brucey. It would be just my luck to be one of the few who has to go the whole way in court etc. Feel so guilty about the trees ! Have you heard of any wins/losses at Bristol?

[Brucey]

Hi pupil, glad you got that sorted!

 

No, we've not heard anything from SC&M, no offers and no paperwork regarding their defence.

 

I'll be following these guidelines tomorrow http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html just so the court are aware they are simply using the court process as a way to delay paying and they have no intention of defending on the day. Can only help.

 

Haven't heard of any results at Bristol but an old BBC report did suggest that ours were one of a number of courts that were getting fed up with the banks and their conduct. This coupled with the fact we are in a block booking - and told the case should take no more than five minutes - tells me the court are fully expecting them to not turn up and want to go through the formalities wasting as little time as possible before ruling in our favour.

[pupil]

Thanks Brucey,

I will be using the same tactic. GaryH responded to say that as far as he was aware only 2 cases have been won by Lloyds and they were not thoroughly prepared.