CASE LOST - Lloyds Tsb

[Champnos]

Yes its a self help site, it has all you need! People do help people who lose out but there has not been many people who have lost and there has been great support. Where else would you find templates? help on filing N1? AQ guide? all sorts

 

Well said Broke_dave soon to be rich_dave we all hope

[Charlies Angel]

Sorry that your case has gone sour - keep fighting if you can.

 

It's easy to get dispondant and i'm beginning to wonder whether i have the capabilities to see this through (my case against Lloyds of £5k was apparently transferred to Pontypridd court only 2 days ago so still waiting for a copy of th defence).

 

But

 

With regard to The bank providing a service or not - i was printing off my statements yeasterday and the following was a regular occurance:-

 

Paid out Paid in Balance

 

Balance 540.00

e.g. 11 June Mortage 550.00 10.00od

 

so i rush out and bank £50 for example - phew

 

11 June Deposited cash 50.00 40.00

 

then later on that day they do this

 

11 June Returned Direct Debit 550.00 590.00

 

 

Tell me how is that is a service to me!

[Charlies Angel]

so sorry if my post makes no sense but i typed it in colums but after it was sent it changed

[Josie8]

these cases that lloyds win really knocks your confidence if u still have claims going through, i know there are alot of successes still but the courts are starting to follow what happened in birmingam,

 

 

Yes but in both cases the claimant told the judge they hadn't breached contract. So what else was he goingto find.........the whole point about these unlawful charges are that they have been imposed as a penalty for breaching contract!!

[Charlies Angel]

What i was basically trying to show you was that a £550.00 d/d went out of my A/c causing me to O/d £10 so i rush out that morning and bank £50. When i check my online bank A/c it shows i have £40 in my account, but then later that day the decide to return the d/d any way showing that i now have £590 in my acccount (hope you can follow that) How is that deemed to be a service?

[gillin5002]

I never actually told the judge that I was not in breach of contract. Nor do I remember him asking that question.

What I did say is that I agreed the bank could apply charges, but they needed to reflect the administrative costs.

[Josie8]

I never actually told the judge that I was not in breach of contract. Nor do I remember him asking that question.

What I did say is that I agreed the bank could apply charges, but they needed to reflect the administrative costs.

 

Thats not what the Judge thought you meant then.........

"The claimant himself does not claim that he was in breach of his contract with the defendant. Indeed, it was the evidence of the claimant that from time to time he had exceeded the agreed limitof his overdraft without complaint fromn the bank save for the imposition of the charges."

[bwdski]

Well I'm sure that this is going to discourage a LOT of people from going all the way to court with their claims.

 

I for one am starting to get cold feet

[nicsussex]

I for one am starting to get cold feet

 

Even though Lloyds have settled AT LEAST 6 cases today alone?

[bwdski]

Even though Lloyds have settled AT LEAST 6 cases today alone?

 

Yes, even though they settled 6 cases today.

 

People, like myself, will be thinking to themselves.... "What if..."

Neither Mrs Bwdski or myself have been in front of a Judge before.

It's intimidating to say the least.

 

Now to think that all the work we've done preparing our case ready for going to court (if we go to court) could be for nothing is a worry.

 

The Judge in both the lost Lloyds TSB cases ruled in favour of the Banks, even though they didn't turn up in court to defend!!!

[bwdski]

just to add...

 

It might be getting to the point where "doing it ourselves" is harming other people's claim processes because we might be messing up along the line and missing vital pieces of "evidence" that the judge needs... and giving the banks what they want... which is a possible way out of paying up?

 

Do we now need to seek the help of professional solictors?

[nicsussex]

All the more reason to make sure that you have prepared your case completely and that if (and it is a very small if) you end up in front of a judge you wknow exactly how to plead your case. There are thousands of claims made against the banks each week at the moment, and with that number it is inevitable that one or two will 'lose', mainly those that are ill prepared. I'm sure that the 2 recent LTSB 'victories' have come as much as a surprise to them as to anyone else.

[Michael Browne]

Although the claimant filed prior to the hearing the bundle of the documents already referred to neither he nor the defendant (who filed no documents other than the defence) filed a statement of their evidence to the court. I therefore took oral evidence from the claimant and invited him to tell me of those matters which he considered important to the case. In so far as I could properly do so I assisted the claimant by seeking clarification of his evidence where this appeared necessary

 

It seems to me from the above that it's vital that claimants submit a Statement of Evidence. The Lloyds SoE firmly argues that there is a breach of contract and 'cloaking'.

[bwdski]

All the more reason to make sure that you have prepared your case completely and that if (and it is a very small if) you end up in front of a judge you wknow exactly how to plead your case. There are thousands of claims made against the banks each week at the moment, and with that number it is inevitable that one or two will 'lose', mainly those that are ill prepared. I'm sure that the 2 recent LTSB 'victories' have come as much as a surprise to them as to anyone else.

 

How much preparation is enough?

Reading hundreds and hundres of threads on this site and MSE and I still can't get my head around it.

 

I have asked questions on this and other sites and all I seem to get (similar to the banks ) is a standard reply of looking at a certain thread!

 

We do need to look at our cases and take them very seriously with a view of going to court in the first place.

 

But, and this is my own personal view, a lot of people are claiming back their bank charges because they know of a friend of a friend or a relative who's done it.... not actually knowing why they're claiming in the first place.

 

Are we as amateurs causing more damage than good?

OK, there have only been 2 lost cases (that we know of)... but are these the tiny cracks that develop into foundation damage?

[bwdski]

It seems to me from the above that it's vital that claimants submit a Statement of Evidence. The Lloyds SoE firmly argues that there is a breach of contract and 'cloaking'.

 

Can you give more detail on "Statement of Evidence" please Mr Browne...

 

Still trying to get my head round all of this. I'm not at the court stage yet, but it's always good to be prepared for things isn't it

[Jacker1976]

I can understand both points of view on this.

 

I am worried by these developments but I intend to fight as long and as hard as possible to try and get my money back. The bank kept hitting me with charges at a time when I couldn't afford to pay anyone anything. It's taken nearly 6 years to deal with the fallout of that time and if there's a chance I can get a little justice I'm going to take it.

 

At the same time though it's worth remembering that making a claim costs money and if you lose you don't get it back. As these charges affect people who have money problems to begin with I think we each need to look at our situations and go from there. We need to realise that this isn't a case of do this and you'll get your money anymore. Yes the odds are greatly in our favour but that will be scant consolation to those who lose there case and lose even more money they can't afford to the banks.

[bwdski]

I can understand both points of view on this.

 

I am worried by these developments but I intend to fight as long and as hard as possible to try and get my money back. The bank kept hitting me with charges at a time when I couldn't afford to pay anyone anything. It's taken nearly 6 years to deal with the fallout of that time and if there's a chance I can get a little justice I'm going to take it.

 

At the same time though it's worth remembering that making a claim costs money and if you lose you don't get it back. As these charges affect people who have money problems to begin with I think we each need to look at our situations and go from there. We need to realise that this isn't a case of do this and you'll get your money anymore. Yes the odds are greatly in our favour but that will be scant consolation to those who lose there case and lose even more money they can't afford to the banks.

 

Thanks for that reply Jacker, good points raised.

When the banks win these cases, is it on a "full and final" basis?

I.E. you can't claim again?

[nicsussex]

When the banks win these cases, is it on a "full and final" basis?

I.E. you can't claim again?

 

Only if you agree to the conditions that put un their standard settlement offer letter - which of course you should not.

[Michael Browne]

Can you give more detail on "Statement of Evidence" please Mr Browne...

 

See here:

New strategy for Allocation Questionnaires

 

I have asked questions on this and other sites and all I seem to get (similar to the banks :grin: ) is a standard reply of looking at a certain thread!

Ooops!!

[bwdski]

See here:

New strategy for Allocation Questionnaires

 

Ooops!!

 

lol.... :D

[bwdski]

Only if you agree to the conditions that put un their standard settlement offer letter - which of course you should not.

 

They'd still offer you a settlement if they'd won in court?

[stetford1]

Poor you - what a bummer - if anybody deserved to win it was you. I have just read all your story and was gutted for you:(

[nicsussex]

They'd still offer you a settlement if they'd won in court?

 

My apologies I misread your post - however my point that LTSB have settled 6 cases today has now become seven see here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81404-lorraine-lloyds.html

[nicsussex]

LTSB have settled 6 cases today has now become seven see here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81404-lorraine-lloyds.html[/quote

 

Make that 8!

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/44753-sarah-ian-lloyds.html

[nicsussex]

LTSB have settled 6 cases today has now become seven see here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81404-lorraine-lloyds.html[/quote

 

Make that 8!

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/44753-sarah-ian-lloyds.html

 

And this one from yesterday

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/15137-kerr3853-lloyds-tsb.html

 

- do I need to go on?