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Bank applying for CC Judgement to be set aside


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Hi all

 

Have just got back from court and... success! [problem] or their representatives didn't bother to turn up, despite having sent counsel to try an earlier case that day at the same Court. The Judge in my case struck out their defence and awarded in my favour.

 

However, given this dogs breakfast of a class action by the OFT, he said it was very likely that Lloyds would launch an application to have the judgement set aside either permanently or at least until the High Court makes a ruling.

 

Has anyone else had a similar experience, and if so what is the best strategy for dealing with this?

 

Thanks to CAG and all the subscribers, the help was really useful. If and when I get some money, I will be sending you guys a donation. Cheers!

 

Hope to hear some ideas about this setting aside business soon.

 

Take care everyone and give them hell,

PTG

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They may seek to set aside, but based on SCM's previous ineptness I do not think they will get their act together to do it.

 

Once you get judgement send a simple letter like this:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-7.html#post921936

 

If they do seek to set aside then post up here again.

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Thanks GuidoT, I'll certainly keep this in mind.

 

While preparing for the case it occurred to me that this information is probably useful to claimants against Lloyds:

 

You will no doubt recall the woman from Yorkshire Bank on the Panorama programme who had the data pertaining to the bank's actual costs? Well, Lloyds TSB have a similar system called FLII (First Line Improvement Information). Basically, this is a work measurement system used throughout Group Operations (where payments such as Direct Debits and cheques are processed). It allows line managers to measure the efficiency and effectiveness of all staff, and is underpinned by a database containing detailed work measurements down to keystroke level.

 

The entire culture of Group Ops is characterised by an obsession with costs, partly due to promises made to shareholders and the stockmarket at the time of the Lloyds and TSB merger. Since that merger they have used data such as this to 'fine tune' processes as much as possible - most often with the aim of getting rid of staff and automating processes.

 

In a nutshell it is inconceivable that the bank does not know the exact cost of a bounced direct debit or usage of an unauthorised overdraft. I know this is hardly a revolutionary point, but it bears repeating.

 

The problem is how you introduce this at court - as an ex employee I was quite happy to ask the judge to swear me in if necessary in order to get this fact across. I will try to find what documents I can about FLII and the other systems and post this on the site for use in bundles etc.

 

Also worth mentioning that - certainly while I worked there - all staff had to have a Lloyds TSB current account as a part of employment. This was supposedly so that benefits could be paid, but whilst there is probably some truth in it I'm sure they weren't too dismayed at the captive customer base either!

 

When anything else occurs to me I'll post it up, but in the meantime anything I can do to help I'm more than happy.

 

Take care, PTG

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Hi All

 

Here's a thought: If we get a CCJ against us as individuals then, basically, we're screwed for six years.

 

No chance of credit is probably a good thing in some instances, as the temptation can be hard to resist. But it can be a real problem, and the slur on reputation is unpleasant.

 

Now, given the amount of CCJs these banks are getting at the moment through these reclamations, it occurs to me that it makes no difference to them whatsoever. They'll contine to earn billions a year and ride roughshod over the lives and hopes of ordinary customers. Even the millions they are paying out are the equivalent of a mosquito biting an elephant - they barely notice.

 

So, how can we make this work for us? How can we find out which banks don't have CCJs? And if we can find it out, what merit is there in refusing to bank with those that do?

 

This may well be wishful thinking, but if enough people walked out, it might rebalance the credit scoring industry in favour of real people for a change. Just a thought.

 

 

Cheers, PTG

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CCJs are not registered if they are paid within a month. They banks usually pay within a month of receiving judgement, therefore I presume not many judgements are registered against their name.

 

Generally the difference between judgements against the banks and ours, is that ours get registered as we do not pay within a month.

 

If you want to find out about the judgements registered you can search here (for a fee):

RTL Home

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Hi,

 

Is that a month after the actual court date when judgement was given, or a month from the pay-by date stated on the judgement?

 

We were given judgement in our favour on 28th June, to be paid by

12th July, but only received payment today 6th August!

 

[problem] have been so dreadful to us that I would like to think that a CCJ

has been registered.

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