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We won against LTSB!!!


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Hi everyone

I am trying to claim back my daughter's bank penalty charges and have followed all the steps from MSE website. Having started proceedings on-line via HMCS, the bank acknowledged and then defended the claim. It has now been transferred to the local Court with a letter ststing that, unless the local Judge considers otherwise, the allocation questionnaire is set aside. What does this mean? Can the case still beheard in the small claims system and what do we have to do now?? My daughter is getting really scared of going to court which is presumably what Lloyds TSB want her to be, but I need all the info I can get.

Thanks

Friar

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Hiya Friar,

 

Welcome to CAG.

 

You need now to go to your banks forum. Follow this link..

 

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

 

Thee are plenty of people at the same stage as you, and you will get all the help and advice in there.

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Hi thanks for your help yesterday. I'm new to this site and don't really understand where and how to ask for help so sorry if I'm not s'posed to contact you!! I'm fighting LTSB for my daughter who is getting scared! We have now been moved from Northampton ( via the MCOL site) to Brighton County Court (where my daughter lives) and have today received the LTSB defence which is basically the "embarassing and too vague" defence. As we did everything via the templates on the MSE website and supplied all the account info, charges and statement breakdowns etc this defence is clearly nonsense. Do I now reply to the defence or wait for the Court to ask for details? Also any advice on what happens next? The threads are useful and seem to say wait and they will pay!! Let's hope so. Finally I can't seem to post threads on the LTSB forum-it says my account hasn't got the status to let me do this-what does that mean??

Sorry again if this is a pain but if you could point me in the right direction I'd be grateful-Daughters eh??

Friar

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Hiya Frair,

 

Of course you can contact me or anyone one else here. Every one helps every one else here. :)

 

i will get this thread moved to the Llodys forum for you.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Ok, I have moved this thread into the Lloyds forum for you.

Basically you need to wait for further instructions from the court in the mean time you can read through the stickies at the top of the Lloyds forum these will help. Read our step by step instructions also.

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I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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  • 2 weeks later...

Hi everyone,Having followed all the steps one by one for the past 3 months and having had LTSB defend the claim, we were waiting for the dreaded court date when yesterday they agreed to pay the claim in full plus court costs!!! SO IT WORKS!!!It may be coincidence but this may help you if you are in the position where the case is transferred to your local court and LTSB enter the "claim too embarrassing and not particularised" defence. There is a template letter from Gary H , moderator on the site-you will find it at the LTSB forum under "answering the claim too embarrassing defence" and it details what you should reply when sending back your AQ when the bank have entered this defence. Now more and more the courts are dispensing with the AQ -indeed I did not have to complete one BUT I adapted that letter and sent it to the court( Brighton) as a counter to their defence and 5 days later they paid up SO that letter seemed to indicate to the court and LTSB that we knew what we were talking about so definitely worth sending it. Thanks to all who encouraged us and told us to keep going and it is great to know that, when you get a nasty letter that you are not the only one and that it is a standard tactic from the bank.Good luck everyone-if I can do it so can you!!

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Thanks. One question you may be able to help with. This claim was for my daughter and there are conditions attached to the settlement e.g don't do it again, stay within the limits, negotiate a new overdraft etc. Are there ominous or OK? Any help would be great.

Friar

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congrats friar-d-can i ask -how much was your claim for and did you get cci???-thanks

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Friar, Congratulations. Where is your original thread so that everyone can join in on your enjoyment?

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Anyone subsribing to this Friar has won but posted it on a different post!

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Hi everyone,Having followed all the steps one by one for the past 3 months and having had LTSB defend the claim, we were waiting for the dreaded court date when yesterday they agreed to pay the claim in full plus court costs!!! SO IT WORKS!!!It may be coincidence but this may help you if you are in the position where the case is transferred to your local court and LTSB enter the "claim too embarrassing and not particularised" defence. There is a template letter from Gary H , moderator on the site-you will find it at the LTSB forum under "answering the claim too embarrassing defence" and it details what you should reply when sending back your AQ when the bank have entered this defence. Now more and more the courts are dispensing with the AQ -indeed I did not have to complete one BUT I adapted that letter and sent it to the court( Brighton) as a counter to their defence and 5 days later they paid up SO that letter seemed to indicate to the court and LTSB that we knew what we were talking about so definitely worth sending it. Thanks to all who encouraged us and told us to keep going and it is great to know that, when you get a nasty letter that you are not the only one and that it is a standard tactic from the bank.Good luck everyone-if I can do it so can you!!

 

Hello friar well done. We were awaiting our court date from local court and this morning my husband phoned me at work and said Lloyds would like to settle in full plus interest and court fees all we need to do is sign the letter and send it back by doing so we agree to their t&c.

 

Can you tell me if you just sent that back or worded your own letter and which is the better option?

 

Thank you

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Difficult isn't it?? The advice would seem to be to draft your own conditions ( see the link above from Barty) but if the T&C's seem OK it's up to you. There's an element of "take the money and run" but don't sign up to anything onerous. If in the future the OFT or anyone else decides their costs are illegal then I don't see how they can stop you claiming in the future.Anyway well done-I still can't really believe it works!!Friar

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