Brucey vs Lloyds TSB

[pupil]

Hi all. I suppose that you have heard the news about the the test case today. I don't know where that leaves those of us with a court date. The money guy on BBC news seems to think that the banks will apply to the courts for a stay until the big case is settled. Has anyonbe received information to this effect? I don't know whether to be pleased that there will finally be a test case or disappointed because I am so close to a court date - 6th August.

[BEBOBs]

I'm in the same position but court date 1st Aug, will make a change if lloyds will actually contact the court. Not sure what will happen now if I here anything I will let you know also

[Brucey]

If SC&M apply to the court for a stay, and are successful, is there anything I can say to the court regarding the fact they missed the 14 day deadline for submitting any documents to us & the court and therefore declared their unintention to defend before any mention of a test case. Otherwise it's like they've been given a most unfair second bite at the cherry.

[pupil]

Hi Brucey, Your argument sounds good to me. I have read on another thread that somebody who has a court date for 17th September contacted the court and was told that the case would still be heard as the test case had not yet stopped other cases from being heard. Since our cases are failrly imminent I expect they may well go ahead.

I sent the non-compliance letter to the bank and I am ready to send the letter re: non-compliance to court tomorrow.

I have had no correspondence from SCandM throughout all of this.

Do you think that they will turn up in court on 6th? I feel that the solicitors may be more interested in preparing for the 'big one'.

[nicsussex]

Do you think that they will turn up in court on 6th? I feel that the solicitors may be more interested in preparing for the 'big one'.

 

Highly unlikely that they will turn up - but best to assume that they might. LTSB have appointed Simons & Simons (I think) to represent them in the test case so SC&M will not be dealing with it.

[pupil]

Hi all. Just received a letter from SCandMsaying that their client will be settling my claim within 5 working days by depositing the sum of £4921.18 (inclusive of interest and fees) into my account. The original claim before court charges of £150 was£4633.86.

They don't want this to be treated in any way as an admission of liability - merely an attempt to resolve the matter amicably between the parties concerned.

They want me to write to the court to confirm that the claim has been settleed once the funds have been received and provide them with a copy of the letter for their client's records.

Thank you all a million for your support. I could not have done it without you!

3 questions: 1/Should I still ask the court for costs as preparation has been costly in terms of time and stress?

2/Should I write asking Lloyds for refund of charges prior to 6years ago?

I do not wish to appear greedy but I would like to clear my overdraft with them completely, close the account and have nothing more to do with them!

3/Can I make a contribution to this site by cheque as I no longer have any debit card?

[BARTY]

Congratulations!! :D

 

This link should help with the costs, the link does work:

Error

 

You would need to start a new claim to get the pre-six years charges.

 

You can donate by cheque, see if you can PM GaryH or one of the other Mods and they will be able to tell you.

 

Barty:)

[nicsussex]

Excellent news - well done - don't forget to fill out the survey as well

[Brucey]

Fantastic news pupil, many congratulations ... won't see you Monday then!

 

Still nothing here despite having identical circumstances (except a much lower claim!) ... and then there was Jeffrey62 who got the same letter as me but several days later and he got paid out a few days ago ... beginning to think they've forgotten me

 

[pupil]

Hi Brucey, I was waiting to hear from you but I had assumed that you would have had the same good news. The letter I got was dated 23rd July but I only received it yesterday so the postal situation might be a factor. It might be worth checking your account because the money had already been placed in mine before I received the missive.

I am pretty sure that they will settle before Monday. if they dont you have even more ammunition because you can point to a case scheduled in the same block as yours being settled. Fingers crossed that it doesn't get that far.

[pupil]

Thanks NicSussex. Which survey should I be completing? I am not very good at this. i learn something new each day!

Pupil

[maxine989]

Fantastic news pupil, many congratulations ... won't see you Monday then!

 

Still nothing here despite having identical circumstances (except a much lower claim!) ... and then there was Jeffrey62 who got the same letter as me but several days later and he got paid out a few days ago ... beginning to think they've forgotten me

 

 

Brucey,

 

It might be worth giving SC&M a call... I just called them (about 10 mins ago) and said that I wanted to discuss my claim in light of the recent OFT proceedings as I have a hearing date on the 16th of August. They settled in full over the phone!! full charges, plus 8% plus court costs, plus a bit extra which I assume is for more recent charges.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/51041-hard-slog-lloyds-tsb-3.html

 

SC&M said I should get something in the post over the next day or two...

 

So if I were you I'd call them... it's worth a go and might save you having to go to court.

 

Here's the number: 01273 205381

[Brucey]

Thanks maxine ... and congratulations to you! ... I just rang them and they said they will settle no cases now due to this OFT thing. I told them that my friend rang at 11am this morning and got a settlement over the phone, describing what you said. She said that would not have been them and stuck to her guns even when I said it was you who gave me the phone number!

 

Court said all scheduled cases will go ahead and when I told this to the lady, plus the fact we're bound to win as we have prepared properly, she said something like, "well, if you win you have to take a judgement out against us to get the money".

[dolly]

 

Court said all scheduled cases will go ahead and when I told this to the lady, plus the fact we're bound to win as we have prepared properly, she said something like, "well, if you win you have to take a judgement out against us to get the money".

 

We got the same.....taking out a judgement for the money would be no problems I would imagine

 

I plan to ask for the case to be struck out if they don't supply the court bundle to me. They have until next Wednesday as our case is on 22nd August.

[nicsussex]

Thanks NicSussex. Which survey should I be completing? I am not very good at this. i learn something new each day!

Pupil

 

This one

 

http://www.consumeractiongroup.co.uk/survey.php

[fzrkitten]

Hi Brucey, (pupil/fincal), just popped in to your post as I'm a bit further ahead, agree with Barty that your post looked lonely where you asked a question then answered yourself! Seems you've got the hang of things though quite well.

 

I posted my bundle guaranteed on 26th June, and have since had to send non-compliance letters. Christinajanep has now managed to enter for judgement on her case, which was same time as mine, so hopefully she will be lucky, but I am now awaiting further orders from the judge.

 

Don't worry about things, and just do the best you can with your bundles, make sure you have as much info as you can from the site, and ask questions if you have any doubts - someone will always be watching even if you have to post a few times before you get the answer you need, the people here are brilliant.

 

Best wishes and good luck,

 

Fzrkitten

[pupil]

Thanks Nicsussex.

Brucey, I am so sorry that you are being given the run around. It might just be worth trying again in case you get a different person with a different view on the other end of the phone. If not - good luck in court!

[maxine989]

Brucey

 

Sounds like you got a right jobs worth at SC&M... oh well, was worth a try I suppose.

 

I am sure you will get your settlement soon enough... half the time these litigation people don't know what they are on about and talk out of their a*se, so I wouldn't let her put you off.

 

A lot of courts are stating they will not grant any 'stays' from the banks regarding the cases with allocated dates. They probably know they are going to end up with a back log of claims to deal with at the end of the year.

 

Lets hope your hearing goes ahead as planned and then you can claim for costs too... then TSB will wish they had settled before.

 

best of luck...

 

maxine

[pupil]

Hi Brucey!

Just checking that you are OK. Since you haven't posted I guess you haven't heard anything new. I doubt if SC and M will turn up on Monday especially as they have not submitted their papers.

There was a really amusing post on one of the threads where the claimant and the bank's legal rep met at court. The judge was late and they got chatting and it turned out that the legal rep was suing her own bank for unfair charges.

Anyway we are with you in spirit.

Good luck on Monday.

[maxine989]

Is today you hearing date???

 

If so...Good luck and keep us posted.

[Brucey]

Thanks for the wishes guys, court on Monday morning ... just checked one last time to see if money had arrived but it hadn't so away we go I suppose!

[dolly]

Keep checking though Brucey, you just never know. Hope all goes well on Monday - which court is it you are in?

[pupil]

Let us know how you get on. I will not have access to this site until Weds as I will be looking after sick family, but look forward to hearing of your success!

[pupil]

Hi Brucey,

Looks like I will be in court on Monday after all. I rang the court to let them know about the settlement because I was anxious that my letter would not get there in time and I didn't want to upset the judge.

The court manager said that it hadn't arrived and that the case was still scheduled for Monday although they had heard from Lloyds that it was settled. They suggested that I fax the letter but when I said that I had included a request for costs the case manager recommended that I turn up on Monday and talk to a judge one to one.

It occurred to me that if you are also intending to claim for costs you should go ready with your schedule of costs, letter etc. (Barty gave me a good link a bit further back on this thread.)

I think that we have a very good case. Lloyds did not submit their court bundle so they obviously did not intend to defend. The settlement letter I got was dated the 23 July which is the date by which papers had to be settled so they clearly allowed us to go ahead with preparing, copying and posting all the paperwork while waiting until the last minute to settle etc.

I am claiming for 40 hours @ £9.25, plus postage, plus the cost of two reams of paper. A total of £389.98

Good luck:)

[christinajanep]

good luck for monday