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~~## NEW POC for LLoyds ##~~


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Please can we have a revised POC for business claims

 

Many thanks

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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jojn72,

 

I am not so sure, when I came on CAG months ago I read somewhere that what you said is correct, but then since then I have told otherwise. Here is one clue I accidentally sent the wrong prlim letter to Andover and got a very quick reply informing me that I was a business and cannot rely on the UUCTR's; so I think the latter may be correct - (don't really know though) BUT I hope I am a business as my claim will not be affected by the OTC case :)

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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jojn72,

 

I am not so sure, when I came on CAG months ago I read somewhere that what you said is correct, but then since then I have told otherwise. Here is one clue I accidentally sent the wrong prlim letter to Andover and got a very quick reply informing me that I was a business and cannot rely on the UUCTR's; so I think the latter may be correct - (don't really know though) BUT I hope I am a business as my claim will not be affected by the OTC case :)

 

Peter - I sent the correct prelim to Lloyds regarding my sole trader a/c and they still sent me a letter back saying I couldn't quote UUCTRs, so don't let that put you off. As long as you don't quote in your POC you will be OK. Incidentally Lloyds have paid out on two business a/cs at defence stage with me. Good luck - Debs

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debs - Hi,

 

I did by the way then send the correctly letter and I now have the correct POC's so I am going ahead now as a business - which by all accounts I have read here should end up going through the court system - well fingers crossed it does ????

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Does anybody know if the stays that are being put on current account claims will also apply to business account claims?

 

We were about to make a business claim (sole trader) as we have already sent the LBA - should we go ahead? Any advice appreciated!

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Does anybody know if the stays that are being put on current account claims will also apply to business account claims?

Are stays being put on current account claims now?

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Apparently as of Friday the courts (well Bristol anyway) had not received any directions in these cases.

 

I am also a sole trader and the advice given here so far is to carry on as normal as we are not relying on the UTCCR's - earlier today (sad isn't it that we are both wasting good pub time sorting out our bank problems) I found this on CAG (I saved it into Word so I cannot credit who wrote it, but i 'think' it was photoman)

 

Here is his DRAFT letter which a) may answer your question & b) you may need it when your judge orders a stay [iMVHO - I think a lot of judges will order a stay on all claims because once the bulk of claims which I suspect are private accounts they will not be looking into the fact that penalty charge recovery are relying on different legislation:-

 

Dear Sir/Madam

 

You -v- XXXXX Bank Plc

Claim Number: *******

 

I write in relation to the matters as detailed above, and specifically the order of a stay in proceedings made by district judge XXXXX on **/**/**.

The basis upon which a stay has been granted is with regards to awaiting the outcome of the ongoing "test case" currently being taken by the OFT against several banks.

 

I respectfully request that this stay be lifted. This is upon the contention, that as the central focus and grounds for the OFT’s case is to determine whether or not the charges are subject to the test of reasonableness, as required under the Unfair Terms in Consumer Contracts Regulations (UTCCR 99), then it is not of any consequence to the basis of my claim in this case.

 

As a Business account claimant my claim did not include any reference to nor make any reliance upon the UTCCR. As such, it would serve no purpose to delay proceedings in order to await the outcome of a case that would have no bearing or relevance upon this case.

 

As such I respectfully request that the current stay be lifted so that this case may proceed without further delay.

 

 

Yours faithfully

  • Haha 1

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Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Brucey,

 

From everything I have read I am almost certain, (although I have also read that it may vary from court to court) that for private accounts the whole thing will be in lock-down mode; however the advice seen here is to continue as normal.

 

OK the test case thingy will take ages, but the OFT says it has a very strong case. So, a) OFT wins, and I think it will - then there will be a MASSIVE influx of new cases - the banks already can hardly cope with claims now - and your case will be in the 'new' pile if you do not act now - so carry on as normal. Situation - b) highly unlikely in IMVHOP that the High Court will rule in favour of the banks, bearing in mind that other legislation applies in case-stated law :D

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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just keep doing what you intended etc send your lba you can only be stayed by the judge or oft so carry on till you are told anything different .

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Would Lloyds / SC&M be allowed to apply for a stay in cases where they have already missed the 14-day deadline for submitting any documents to "all other parties". Haven't they already, by doing this, given up their right to defend?

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1 is the total of your charges

2 is Overdraft interst the bank has charged you on those charges ( If you are not claiming this, just delete it)

3. First amount is the 8% interest total from your spreadsheet schedule of charges.

Daily rtae is just your charges \(+OD interest if claimed) x 0.00022

 

eg £495 x 0.00022= £0.11p

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I've changed the part of it to make it work for Contractual Interest, any thoughts anyone please!!!! :confused:

 

16. The Bank wrongly debited the Account with Charges totalling some £1,502.00 between 03 January 2001 and 09 February 2007, including sums in respect of Card Payments. Particulars appear from Schedule 2.

 

17. On 2nd March 2007 the Client demanded repayment of the sums wrongly debited.

 

18. The defendant has repaid the sum of £750.

AND the Claimant claims:

(1) a declaration that the sums totalling £3,135.70 have wrongly been debited from the Account

 

2) The return of the amounts debited in respect of penalty charges and interest in the sum of £1,881.25;

 

3) Contractual interest at a rate of 34.9% per annum, compounded daily from the date of each transaction to 02/08/07 of £1,254.45, as set out in the attached schedule of charges.

 

4) Court costs of £120.

 

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You'd be well advised not to claim contractual interest tbh.

 

What basis upon which do you intend to claim it? There is now a precedent against it on the basis of mutuality & reciprocity which means you won't get it.

 

There is another way to claim it, but it's risky and requires a full understanding of the arguments involved and a reasonable knowledge of the law of restitution. Even then I'd say that against Lloyds in particular your chances of success are very low.

 

With the current climate as it is at the moment, I really would just concentrate on getting your charges and the 8% back if I were you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks Gary, you make complete sense, I'd be petrified to stand up in court and fully explain why i should hvae CI anyway.

 

In this climate the straight forward way is the best.

 

Thanks for your help :D

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  • 2 weeks later...

Hi zoot, I have just been reading the POC you have complied and i think it is excellent. thank you for taking the time to do it for us.

 

I do have one question.

 

I had to withdraw my claim for SAR against the banks, yesterday which really annoyed me after getting so far. I honestly think the bank are deliberately withholding this information from me and thereby concealing the evidence of the true costs of chargers that have taken from my account pre 6 yrs.

 

Based on my 3 most recent court claims all off which went to court and i won. I would now like to make an estimated claim which could end up in the multi track. what I want to know is, would I be able to doctored these POCs and include a para on the litigation act to be able for me to use it for a estimated claim.

 

I am awere these sort of claims are not easy to proceed on but I would very much like to give it a try.

 

I have all the evidence relating to their non compliance. I also believe that I have enough evidence to prove the probability of these chargers being deducted from my account also I am sure the banks themselves have all this evidence but are concealing it from me. I am sick and tired of this bank and they way I have been treated by them and I would really like to have a go at this.

 

could you offer me any advice on whether or not you POC could be changed a little to incorporate what I would like to do.

 

I really would appreciate and advice and help you could give me relating to this or any other member with legal or sound knowledge of these issue. I must add that my claim would be very large and I am aware of the costs factors involved if I was to lose my case.

 

If possible I would like to started ASAP incase any agreements are made between OFt and the banks which would wipe out claims outside of the limitation period.

 

I look forward to hearing all yours and members cpmments on this subject

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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gaz for the busines accounts you may be pleased to see a new poc on there - start at the back of the thread and work forward

 

It's here

 

http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets-34.html

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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