CASE LOST - Lloyds Tsb

[gillin5002]

I have gone through the step by step guide up to the point where I have placed a court order and Lloyds TSB have filed a defence.

Has anybody got this far and can anyone offer any advice????

Is it likely to go to court?????

 

Michael

[Janet-M]

Hi gill if you read some of the longer threads that have been won it will show you that this is perfectly normal for Lloyds to do .Next will be the AQ . then probably the offer letters . don't start worrying just read the won threads to build your confidence up.

It is unlikely your claim will go to court , as so far they have always backed down as they do not want this to go into court.Saying that though we constantly warn ' be prepared your claim may end up in court' . So you must do your homework , read around and prepare your claim for court

 

I think it will not be to long before this thread has 'WON' in its title

[upton11]

Gillin5002

 

You are in lovely position as lloyds seem to be settling around the AQ stage at the moment. Do as advised above and do not forget to use the new strategy for AQ submission.

 

Good luck

 

Paula

[MrGillyboy]

I'm pretty much at the same point.

Where do I find the new AQ scheme?

 

thanks

 

MRGILLYBOY

[gillin5002]

Can anyone help.

I am in court tomorrow trying to claim back my charges from Lloyds TSB.

I have followed all the steps outlined on this site to date.

However I have noticed that there has been a case that Lloyds has won recently.

 

Has anyone got any details? or can you offer any advise?

 

Cheers,

 

Michael

[james2747]

Hi ... an 11th hour request. If you have followed the excellent guide lines and wealth of info from others on here and prepared thoroughly you will not have any problems.

The case that Lloyds TSB won does not set a precedent.

Just convince the judge the fees are 'penalty fees' and not payment for a service. Many threads on here discredit the judges ruling in the TSB case .. a bit of bedtime searching and reading needed.

Be very courteous to the judge and get him on your side.

Hope all goes well.

J.

[gillin5002]

Cheers J.

I actually had my dates wrong. Thought it was next Friday. Never mind. Got plenty to read tonight.

 

Michael

[Bookworm]

2 threads merged, and moved to Lloyds forum, Please stay on one thread per claim, it makes things easier to follow.

[gillin5002]

Well, had my hearing. Lloyds or their representatives did not show up.

After going in to the court and answering a load of questions from the judge, he said that he could not give me a decision on the day as he wanted to go over the evidence (the pack I sent weeks ago, tsb didnt provide any, only the statement on their defence submission)

 

He's on holiday now so told me he will post me a decision in 3 weeks.

 

Has anyone else encountered this at all??

 

Michael

[Lunatic Flea]

What sort of questions did the Judge ask you?

Can't believe he has not made a judgement as i was of the understanding that if Lloyds defence did not attend Court then you win by default.

 

Is it just me or is this taking the p**s

You do everthing right including turning up at Court as directed.

[gillin5002]

The questions were all about my case and related to their defence. I cant remember specific questions now, but it was things like. Why do I believe the charges are excessive and what do I believe they should reflect and what is this based on.

I was too of the opinion that if they could not even be bothered to show up then it would be ruled in my favour. I was in the court a good 45 minutes too. Wasnt how I expected it to be at all. Im just glad I was well prepared, thanks to this site.

 

Just hope his decision goes in my favour now. As you said, Ive put a lot of effort in and done things properly.

[bleachyschick]

Glad you were well prepared and ready to face the Judge Gillin. I have just submitted my MCOL so I am a few steps behind you. It just goes to show that this process shouldn't be seen as a get rich quick scheme as I am sure there would be plenty of people out there who would have not known what to do in your place!

[Lunatic Flea]

What did you include in you Court bundle? I am due a court date soon and am not 100% sure of what to include. I know to include date and cost of each charge, Copy of your POC, Copy of all letters between yourself and bank, statement of evidence and if i can get them the relevent T&C's

[Gez]

Did the judge question you about the whole "fees for a service" issue? How did that bit go?

Hopefully you have just scored a goal for everybody

[gillin5002]

I included a whole raft of things. If you go to the step by step guide on this site there are links to everything you need. I also included a BBC commission report that basically says it costs the bank an average of £2.50 per transaction, not the £30 they charge.

Again Im sure I got that link off this site.

[gillin5002]

Did the judge question you about the whole "fees for a service" issue? How did that bit go?

Hopefully you have just scored a goal for everybody

 

I stated that a charge should reflect the cost it takes the bank to administer and where I agreed the bank should make a charge that it reflects the cost of administration. My case states that the £30 you get

charged is in excess of this.

 

Judge then asked what I expect the charge to be. I referred him to the BBC commission report in my case evidence that states £2.50 average and £4.00 maximum.

 

I also stated in there somewhere that if the bank could adiquately prove that the cost of administration is infact £30 that I would concede the case.

[Gez]

Hi, I wasn't actually asking how to do it, I just wondered if he questioned you about the issue of Lloyds calling their charges a fee for a service & if you got the opportunity to explain how they are in fact penalties in disguise.

[gillin5002]

Sorry, didnt understand the 1st time.

It was not mentioned in the hearing, or in lloyds defence that the charges relate to a fee for service. Not that I remember anyway.

[gillin5002]

All,

 

Just had a letter from the judge this morning and he ruled in favor of the bank. Basically he determined that I was not in breach of my contract with Lloyds Tsb so the charges could not be penalties, but were infact a fee for a service as they stated in their defence.

The ruling is due to be handed down on the 26th of June. I know people on here have been asking for T&C's from Lloyds Tsb relating to penalty charges. Has anyone found anything yet??? and is it too late for me to do anything about it.

 

Regards,

 

Michael

[livelylad]

Which court and Judge please. I have sent you a PM.

[Bookworm]

2 threads merged.

[fortyniner]

To moderators or anyone else with some legal knowledge:

 

What has happened here?

 

Can't believe he has not made a judgement as i was of the understanding that if Lloyds defence did not attend Court then you win by default.

 

That's what I had understood too. Can these judges just make things up as they go along??

 

And now we seem to have another 'precedent', in this case where a judge has supposedly heard the standard 'claimant' arguments and has still come down on the side of a bank who did not even attend the hearing. Surely there is something gillin5002 can do about this apparent travesty?

 

If there is any fighting fund available at CAG I think perhaps here might be a good case to use some of it. If this judgement is allowed to stand, the banks will be all over it.

[Champnos]

I think this shows that its a good idea to have a T&C to prove that the charges were penalties and not service charges.

[gillin5002]

I will scan the letter I received advising of the judgement tomorrow and send it to one of the moderators to put on the site if they like. If so please let me know where to send it to.

 

Michael

[bleachyschick]

Hi Gillin, Hopefully some of the Mods are getting involved and are going to offer advice to you. Can you please let us know which court and which Judge returned this unbelievable judgement? Thank you