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anniechef vs lloyds (stayed) ???


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i have just recieved a letter from lloyds solicitor sechiari, clark and mitchell saying that they are asking for a stay on the case awaiting the outcome of the OFT case in the high court.how long will i have to wait. are the banks going to win? i am starting to feel this is a bit of a lost cause? help please.

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have recieved defence from lloyds solicitors.

 

the defence is as follows. (short version)

 

1 by opening an account with the bank the customer enters into an a commercial arrangement with the bank for provision of those services. the bank is entitled to charge for those services. when you open account you are aware of charges. by using the account the customer agrees to the charges. some services are provided free notwithstanding that they are a charge to the bank ie cashpoints, bank statements, debit cards etc

 

2. by maintain ing the account in credit you can avoid most if not all of the charges. if the customer fails to ensure there are sufficient fundas in the account to cover payments the customer makes a request for the payment to be made from the banks own funds. if the bank makes payment then it provides aservice as specified in the leaflet and makes charges in accordance with the terms of contract the bank explains that ' there are normally no charges for everyday banking at lloyds tsb when your account is in credit'.

'when you use an agreed overdraft, there is no monthly fee and we only charge you interest on the ammount you are overdrawn each day. where you go overdrawn without an agreement or where you use special services such as copy statements we will make a charge this guide explains how these charges work and when they will apply. if you want to use a service we haven't listed we will tell you the cost of that service before you give us the go ahead.

 

3. there is no breach of contract the charge can therefore be a penalty consequently there is no requirement that the charge be apre estimate of the banks loss

 

4. the customer is given advance warning of charges being imposed, statements show the charges, if any, the customer has incurred in the course of a month, and which will appear as debits on the following months statement. customers are warned by letter when they gop overdrawn or over there agreed limit without arrangement with the bank. if the customer fails to remedy the position, and payments such as standing orders or direct debits are refused then again the customer is warned by letter.

 

5. the charges are fair and resonable and it is denied they are unlawful.

 

6. the customer is notified of the charges is plain english at the conclusion of the contract and on each monthly statement. the charges are terms which relate to the price payable by the customer for a service provided by the bank and pursuant to regulation 6 of the unfair terms in consumer contracts regulations 1999 are not subject to the assesssment of fairness.

 

7. the charges are for banking services and are not damages or penalties

 

8. the bank is entitled by contract to impose the charges which are fair and reasonable.

 

9. it is denied that the charges are unlawful or contravene any statute or regulation.

 

10. the claim is denied in its entirety. it is denied that the customer is entitled to any sum claimed or any sum from the bank.

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is this a standard defence?

 

i have recieved a court questionairre is it a good idea to stay for a month to show that i have exhausted all possible avenues before i go to court?

 

is it worth contacting litigation team for a settlement?

 

what is my defence?

 

was going to go to court myself is it worthwhile me now getting a solicitor?

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I think first of all you need to read a lot of threads on the Lloyd section as I believe thier defences are different to other banks - and to familarise your self with how people are getting on with their stay appeals with Lloyds in particular - also read FAQ and step by step instrcutions. there is also a new court bundle section which has been posted which gives you all the case law you would have to rely onicon1.gifThe Stay - Here is the application grounds for the removal of the stay

 

Your defence will be in the court bundle you have to prepare.

 

Will try and come back later to see if I can help more but I am with a different bank so the defence was not the same.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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well i have recieved my allocation questionaire from the court it has to be handed back by the 10th september with a 100 pound but there are a few questions i am not sure what to put for example,1 do i wish any further action in this claim to be postponed for a month so that i and the other party can attempt to settle the claim either by formal discussion or by dispute resolution? 2, there is a space for other information that i consider will help the judge to manage or clarify the claim, including any other information i consider should be supplied by the other party, i am not really sure what to put here that will help my case, also do you think its worthwhile getting a solicitor to sort this all out and speak in court for me, as i dont really want to do that? i have heard there is solicitors that deal especially with this.

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well i have recieved my allocation questionaire from the court it has to be handed back by the 10th september with a 100 pound but there are a few questions i am not sure what to put for example,1 do i wish any further action in this claim to be postponed for a month so that i and the other party can attempt to settle the claim either by formal discussion or by dispute resolution? 2, there is a space for other information that i consider will help the judge to manage or clarify the claim, including any other information i consider should be supplied by the other party, i am not really sure what to put here that will help my case, also do you think its worthwhile getting a solicitor to sort this all out and speak in court for me, as i dont really want to do that? i have heard there is solicitors that deal especially with this.

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Hi anniechef,

 

Firstly, I don't feel it's worth hiring a solicitor for your claim. Everything you need can be found right here on CAG - and it won't cost you 25% of your total claim either! ;)

 

With regards to the AQ, if you click on the link for Nat West Claimants in my signature and scroll down to the section on AQs, you'll find everything you need to answer the AQ you've received (including requesting draft orders, attachments, etc.) Also, you don't want your claim to be postponed any further - so tick no on the AQ!

 

Best of luck :)

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if i write this in other information and fill in and print of a draft order will that be suitable

firstly i believe that the case will last no longer than one hour.

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

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