Corporate V Lloyds TSB

[Robmids]

Hi Guido. Nic is right but I couldnt find my other thread. At the moment, the case has been referred to Leicester County from Northampton County Court as I applied online via the HMCS. Lloyds submitted their defence within the given time period. However my original plea was as for a personal account but the claim is for a business account which is why I am being advised by this website to submit an N244 to amend the plea and the N1 being the amended ple. You dont think this is necessary ? Please advise:confused:

[GuidoT]

These are all your other threads, please advise which ones relate to this claim and we will get them merged.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/102360-business-account-lloyds-transfer.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/101186-help-lloyds-business-account.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/101179-business-banking-court-need.html

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forums/98396-corporate-business-reclaim-charges.html

 

On the face of it, however I would not advise to amend the PoC if you have used the consumer version from this site, as oppose to the business version of the PoC.

 

Once merged I will have a look at the entire matter and advise on post 7 with bit more certainty.

[Robmids]

Hi Nic. Go to this thread, its clearer.

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/101186-help-lloyds-business-account.html

 

The above was a copy/paste effort and didnt go quite to plan. However, from the thread I laid yesterday I think we are advancing beyond the above.

[Robmids]

Guido. Hi. Thanks for that.

The first link is the thread I laid yesterday and is most relevant.

The next one is an intermediate thread which was a tidied up version of the next thread (In Court - need help) which I would ignore.

The last thread (Corporate (Business)) was my first attempt and gives an outline.

However, the first thing I need to know is what to do now. I spoke to the Court in Leicester yesterday who advised me that all the Bank reclaim cases have a backlog and was mine transferred from Northampton? yes I answered. "You will be informed when there is a hearing date allocated".

OK

Now, at this point in time, I entered a plea under the Consumer Act not realising there was a difference between personal and business banking. Lloyds in their defence have stated that too and wanted the claim to be struck off. Do I therefore need to re-start the claim using an N1 or do I ask for an amendment using N244 or do I just wait and see what the Judge says?

Or is there something else I need to do?

Thanks

Rob

[Robmids]

Oh, and ps, this particular thread was only asking for the registered office of Lloyds so perhaps when merging, they should all be merged ino the following thread being the most active and relevant ?

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/102360-business-account-lloyds-transfer.html

[photoman]

Rob

 

Good luck with your claim.

 

Busines claims are slightly different, ie can't use UCTA etc.

 

However, one distinct advantage that Business claims do have, is that we often don't get "free banking".

This means that you can dispel any counter arguments they try to use, by saying things like "... we provided you with all manner of free services" etc.

It also means that on the charges schedules, they indicate what the cost per transaction is..... around 30p..... so it's difficult for them to claim it cost them 1000% more to deal with returning items !!

 

Looks like some peeps have already posted the business guide thread. which is very useful.

 

Hopefully also, a thread will appear in my signature, which is for another informal thread for business claimants to get together and discuss ideas etc.

Have a read of the thread, and subscribe to it?

 

Best regards

 

PM

[Robmids]

Hi Guido.

 

Have you managed to unravel and sort some sense out of my threads yet? Really not sure what to do now so your help woud be appreciated.

 

Regards

 

Rob

[nicsussex]

Threads seem to be merged now - so making more sense

[Robmids]

Ok Guys! Thanks for merging the threads. Now I need your help in getting some order to this. You have probably guessed that the stage I am at is that I am waiting for a hearing date from my local County Court and my please was as if it were for a Private Account. So, I need to know:

 

Do I need to alter my plea now or at the hearing ? and if so, how?

Do I need to complete a new N1 ?

Or an N244?

Which Act am I applying under?

 

Thats it basically. Look forward to hearing from you.

 

Regs:

Rob

[PeterAnderson]

Robmaids - Hi,

 

I am also claiming on a private & business accounts. (with 8% S69 interest £18.6k in total). I have read all the posts here and have noticed that you do not seem to have read all the advice, as you are asking questions that are in the guide notes. It is absolutely essential you spend loads and loads of time reading all the guide notes, template letters and FAQ's.

 

On previous posts I have seen that CAG has the best advice and that MSE is easier to navigate. I do not think there is any rivalry at all, in fact following the Birmingham case, both groups merged to form one and set up a joint fighting fund.

 

As for navigating around here can be difficult, especially as you read forward and then want to go back to things can be tricky. I have found opening two browsers helps; and for going back - go right to the top of the screen, hit site map which takes you back to the opening page, and then BAG which takes you back to beginning.

 

I hope that helps

 

Best of luck with your claim -

 

 

The contact info is here - which is posted on the stickies.

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/236-lloyds-tsb-contact-details.html

[Robmids]

Evening Helpers;)

I have discovered my original POC which I would like to share with you. After reading this can you advise whether I need to use an N244 or let the thing flow? AND if I use an N244 do I have to submit a new N1 ? I realise I havent read all the docs on here Peter but I was thinking my wuestions would get a simple yes/no answer. Anyway, here we go:

 

"The claimant refers to defailt charges applied to its account amounting to ****. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from **/**/** of **** and also interest at the same rate upto the date of judgement or earlier payment at a rate of 8%. The claimant wrote on the 24/04/07 about the intention to claim through the court. To date, no response has been received. This claim is based on the Unfair Terms in Consumer Contracts Regulations as the claimant believes these charges to be unfair. The defendant has already agreed ti pay back these charges on the claimants personal account so precedent has now been set."

 

Comments duely welcome.

 

Rob

[Robmids]

Hi Folks.

Am I to presume that if I receive a P&C letter from Lloyds stating "without Pred" then I cant reveal the contents on here any more than in court? or, is it only P&C and WP in court? (The contents would be positive for all readers on here.)

Rob

[nicsussex]

Here it is

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/236-lloyds-tsb-contact-details.html

[Robmids]

Hi Nic.

Not needing the addy anymore - or the court;) if you know what i mean?

[nicsussex]

My apologies - was posting to a comment on page 1 of the thread - congratulations on your WIN - just cross out all the clauses that you are not happy with on the settlement letter - particularly the confidentiality one - and SHOUT IT FROM THE ROOFTOPS - well done

[BARTY]

Congratulations!! :D

Barty:)

[Robmids]

Hi All.

Have decided to open a new thread as my case has taken an interesting turn.

Originally we applied via the HMCS but put in the wrong plea - one for consumer instead of corporate. The defendant put this in their defence. The case was referred to my local court and have been waiting for a hearing date.

During the wait I had a letter from the defendant offering full and final settlement, 100% as it would cost too much in litigation. This I accepted and yesterday I had a letter from them confirming receipt of my agreement to their offer and the money woul hit the account within 7 days. Cool. WIN !!! ????

TODAY I get a letter from the Court saying that the Judge Blah has ordered that the claim is struck out on the basis of the original defendants defence.

Now, what do I do? The date of the offer from Lloyds is 4 days before the date of notice from the court although the Judge made the decision 8 days PRIOR to the letter dated from the defendant.

Which date is valid ?

Is the offer letter from Lloyds still valid ?

I have written to the court as requested by the defendant confirming an out of court settlement.

Would I be right in thinking that as they have offered and I have accepted settlement out of court AND they have confirmed my acceptance BEFORE we received the Strike-Out notice from the court, they are still legally bound to refund?

Your comments would be gratefully received.

 

Rob Mids

[PeterAnderson]

Bump

[Robmids]

what does Bump mean?

[PeterAnderson]

It means Bring Up My Post - and what this does it bring it back to the top of the list; I did this as your Q has not been answered. From what I have read here it looks like you've WON - but sadly I am not an expert on this.

 

The very best of luck

[Robmids]

Thanks for that Peter. Don't know whats happened to Martin and the others - have deserted me am not holding my breath until I see the um firmly in my account - THEN I willpost a message. Not wanting to sound smug but I think I got this one on the skin of my pants. The Judge was right but saved me from amending my plea. All I need now to do is keep the account within the limits and hopefully wont have to do this again.

 

On my personal account, they gave me 80% of the claim back B4 court but have since charged a further £250 so I have politely asked that having set a precedent, until they change their pricing policy I request these charges returned. Bugges charged £60 for going ove 0.19p on one occasion !!

[PeterAnderson]

Robmids - Hi,

Same again I am afraid, you will have to go through the same process p-l-e-a-s-e do not let them get away with it - get your money back. They will not change their policy and will keep on charging you. IMVHO the OFT will eventually get their act together and get them to reduce their charges - may e the same as credit cards sort of £10 or £20 - BUT still does not mean that these charges are legal; just look at what they have done to the credit cards, the OFT have set a maximum limit, but hey-ho, they simply charge the maximum set down the OFT, just cos OFT have set a maximum does still no mean they are legal.

[Robmids]

Hi Peter and Everyone!!

 

SUCCESS !!

 

If you have read the above and my concerns, read this:

 

The money was credited to my account this morning !!

 

Now, unless I am totally mistaken, they can not take it out again without my authorisation ?

 

I have also sent a letter to them thanking them for the refund on my private account but since that refund, have charged a further £250 which I have requested a refund for - now that a precedent has ben set and all that.

 

Thanks to all who helped.

 

Rob

[Robmids]

Hello everyone. This is funny. There's a right twist to this story - read on..... (the following copied from a thread laid yesterdayOriginally we applied via the HMCS but put in the wrong plea - one for consumer instead of corporate. The defendant put this in their defence. The case was referred to my local court and have been waiting for a hearing date.

During the wait I had a letter from the defendant offering full and final settlement, 100% as it would cost too much in litigation. This I accepted and yesterday I had a letter from them confirming receipt of my agreement to their offer and the money woul hit the account within 7 days. Cool. WIN !!! ????

TODAY I get a letter from the Court saying that the Judge Blah has ordered that the claim is struck out on the basis of the original defendants defence.

Now, what do I do? The date of the offer from Lloyds is 4 days before the date of notice from the court although the Judge made the decision 8 days PRIOR to the letter dated from the defendant.

Which date is valid ?

Is the offer letter from Lloyds still valid ?

I have written to the court as requested by the defendant confirming an out of court settlement.

Would I be right in thinking that as they have offered and I have accepted settlement out of court AND they have confirmed my acceptance BEFORE we received the Strike-Out notice from the court, they are still legally bound to refund?"

 

NOW THINGS HAVE CHANGED:::::

SUCCESS !!

 

If you have read the above and my concerns, read this:

 

The money was credited to my account this morning !!

 

Now, unless I am totally mistaken, they can not take it out again without my authorisation ?

 

I have also sent a letter to them thanking them for the refund on my private account but since that refund, have charged a further £250 which I have requested a refund for - now that a precedent has ben set and all that.

 

Thanks to all who helped.

 

Rob

[Robmids]

Question for Anyone:

 

I had a Barclays account for many years which was closed when the Company was placed into liquidation. That was way back in 2002. I bet there's some whopping charges on that account from memory, is it worth claiming or as the Company is no longer a legal entity will that have died with the Company ?

 

Rob