Sid takes on Lloyds

[sidtheranger]

During mid Feb I sent my SAR to Lloyds and they kindly sent me all the requested statements 2 weeks later.

I worked out what they owed me (£600) and sent my letter beginning of March, politely asking that they return my money aswell as asking for a breakdown of their charges.

Naturally the response of early April, was that their charges were not 'default charges' but a fair prices for the services they provide.

I wrote to them mid Apr giving them 14 days before court action and again asking them for a breakdown of their charges as per the Supply of Goods and Services Act 1982and Unfair Terms in Consumer Contracts Regulations 1999 No 2083.

Nothing was heard so at the beginning of May I issued a claim at Reigate Court, Surrey.

Interestingly I was told by the Court official that there were so many cases coming to Court and Claiments were payed just before appearance date that all defended claims were being transferred to Guildford, before an Honourable QC. Surrey Courts seemed to be getting a tad p*ssed off with all the time and resources being

wasted on these claims.

Next came a letter from Lloyds stating that they had received my claim and it was now in the hands of their solicitors; Sechiari Clark & Mitchell (SCM) who had acknowledged the claim mid May.

I received a letter from Court stating that Lloyds were to defend all the claim and they had 28 days to file a defence. Also that the claim was to be transferred to Guildford.

That gave me loads of time to get my stuff together. Despite the minor setbacks at Lancaster and Birmingham County Courts, I am determined to persue this to the bitter end.

Anyhow, last week I received a letter from SCM saying 'our Client is, entirely on a without prejudice basis and with no admission whatsoever to liability, minded to enter into settlement negotiations'. Well, that was encouraging I can tell you!

This was followed, some days later, by a notice from Guildford that " Upon the Courts own motion. The Court has made this order of its own initiative without a hearing" The list of directions pertaining to the order include:

1.the claim allocated to the small claims track

2. Hearing at a date and time (not informed of this yet)

3.The Defendant to serve me, and lodge at Court a document answering the questions (a) is the case intended to be contested to and at trial? (b) does the defendant intend to apply to adduce expert evidence?

4. If Defendant fails with the above, then their defence will be struck out and judgement entered for the Claimant with full cost awarded.

The rest goes on about not being able to use expert witnesses, expert evidence unless an application to Court has been made. That I shall provide a Court bundle and that all parties have the right to apply to have this order set aside, varied or stayed within seven days of this order.

So there we have it. Piggy in middle waiting to see what happens next

Will the Bank credit my account?

Will I be in Court?

Will the Bank close my account?

Will I boil my head?

You'll have to wait 'til next week for the next exciting episode of 'Sid of the Courts'

 

 

 

[animaleyes76]

good luck.

 

I'm encouraged by the directions given by Guildford court. I was transferred there too and it's definitely looking better than some courts!

[christinajanep]

wow what a wicked judge u have

[animaleyes76]

From what i have read Judge Raeside is the only judge dealing with these at Guildford. Woo hoo

[christinajanep]

wa hey, lets see how many people try transfering their cases to guildford

[sidtheranger]

wa hey, lets see how many people try transfering their cases to guildford

 

Indeed, from what I can gather on other posts, it seems that many of the local courts to Guildford are all sending defended cases there.

I guess the courts are sick and tired of the banks shenanigans, after all there plenty of other things they could be doing other than looking at empty chairs.

 

[McIavelli]

indeed sid..I get the feeling that something's got to give & it's looking more likely to be the judiciary's patience with these bankers

[ukcrow]

I'd follow that too, when i went in to Guildford court to see where mine was, the impression i got was a complete contempt for LLoyds and their solicitors. I guess its the 16th of this month you have to wait till to find out if they've complied with direction 3. Somehow i dont think they will.

 

Subscribing

[PeterAnderson]

Subscribing - as mine will be at Guildford as well

[paythemback]

Sid,

 

Thanks for the information and your thread, lets hope the Guildford claimants can all keep in touch with developments here.

 

 

 

subscribing

[sidtheranger]

Well, it seems as though many claims are heading to the Guildford Court from a variety of towns throughout Surrey.

It would be interesting to know if it is claims from many different banks or is it specifically Lloyds?

[ukcrow]

Hey Sid,

 

Heard anything from SC&M?

 

phoned court earlier and was told they've had nothing in yet.

 

Any clues as to what we should do next?

[sidtheranger]

Hey Sid,

 

Heard anything from SC&M?

 

phoned court earlier and was told they've had nothing in yet.

 

Any clues as to what we should do next?

 

Hi UK, i've heard nothing today and from what I can tell is, if SC&M have not contacted the court, the court will find in favour of me.

 

That's how I read it and I guess that'll be the same for you.

Just got to sit it out and wait to hear from either SC&M and/or the courts.

Will let you know as soon as I get any more info.

All the best;)

[ukcrow]

I've just created this letter thats fresh off the printer which will be in the post in the morning;

 

 

 

 

 

To Whom it may concern,

 

I refer to the matter above and the order made by His Honour Judge Reid dated 02nd July 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served a document, as specifically directed in direction 3.

 

Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984).

 

Further to this I believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because I believe the Defendant had no intention of ever defending this claim at a hearing. I respectfully request that the Court consider awarding costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):

 

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

I aoplogisefor the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

 

Yours Sincerely,

[sidtheranger]

Hey UK, that's brilliant. Can I use it?

I will be in touch with the courts myself today.

[ukcrow]

Good Morning to you Sid, I've decided to leave the last couple of paragraphs out at this moment in time and just made reference to my intentions. As soon as the judgement is made i will send a letter similar to the one i was originally intending to send.

 

Of course feel free to use it if you wish.

 

 

 

To Whom it may concern,

 

I refer to the matter above and the order made by His Honour Judge Reid dated 02nd July 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served a document, as specifically directed in direction 3.

 

Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984).

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

 

Yours Sincerely

 

 

I have a sneaky feeling that due to the postal strike last thursday (i think) i might receive something through the door this morning!

 

(nothing recieved)

 

Im off to trundle down to court later on anyway to lodge a Data Protection Act noncompliance enforcement on HSBC (its taken over 140 days!) file a claim against Barclays, and check where my three other claims are, lol.

[sidtheranger]

 

I have a sneaky feeling that due to the postal strike last thursday (i think) i might receive something through the door this morning!

 

Ha! that's exactly what I thought and was a tad disappointed when I got home tonight.

Still, I will compose my version of your letter and drop that into court tomorrow as they've not heard from you-know-who.

[ukcrow]

hey sid, looks like ive won, check my thread, also guss has done the same thing as me today.

 

Ukcrow v Lloyds tsb

 

General form of judgement

[sidtheranger]

Brilliant UK, pure inspiration. I'll be taking my Note of Issue to Guildford tomorrow.

Pleased for you.

Guess I'll have to make a start against Cap One after this.

Cheers for now

[ukcrow]

hey sid, have you phoned the court yet?

[sidtheranger]

hey sid, have you phoned the court yet?

 

Hi UK, yes phoned court last week and was told that SC&M had not responded and that the court will find in my favour. However, due to the 'Test case' going on it seems that Lloyds will be staying-put with payments etc until after the case.

So, although I've won, in principal, it will be many, many months 'til I see the money.

Feel a little deflated, I must admit.

[ukcrow]

Hey sid,

 

I take it you haven't received the letter dated 24th July?

 

Just in case, it states, "the sum shall be paid in no more than 14 days from the date of this letter"

 

The OFT court case was announced on the 26th of July.

 

the OFT court action will have no impression on the order dated 24th of July. I would expect your hard fought cash within the two weeks!, If not give SC&M a call. Chin up!

[nicsussex]

Hi UK, yes phoned court last week and was told that SC&M had not responded and that the court will find in my favour. However, due to the 'Test case' going on it seems that Lloyds will be staying-put with payments etc until after the case.

So, although I've won, in principal, it will be many, many months 'til I see the money.

Feel a little deflated, I must admit.

 

If you do have judgement awarded then the test case will have no affect on your case

[sidtheranger]

Hi guys, I've been away for a little while and came back to a letter from Guildford Court dated 27th July, stating that they have ordered (I like that bit) Lloyds to pay up.

They did on Aug 3rd, but obviously didn't tell the court as I received a letter today (Judgement for Claimant (In Default) saying that they (Lloyds) must pay up now or face enforcement proceedings.

The best bit is in the small print which says that they will have a negative credit listed against them. "This will make it difficult for you to get credit" That made me laugh I can tell you. Lloyds with a bad credit record!! They'll never get a loan now... LOL!

 

Anyhow, I have won.... Yippee. Thanks to all you guys out there who followed this with me.

 

Next onto Cap One.

Thanks again guys and good luck to all who are fighting Lloyds.

[fzrkitten]

Congratulations! - I do like that order!