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pward33

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Everything posted by pward33

  1. In fact there's a thread on the new Lords' ruling too: http://www.consumeractiongroup.co.uk/forum/bank-charges-media/106062-lords-award-compound-interest.html
  2. Hi Camdenite, See http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html BUT See also GaryH's comment towards the end of this thread: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/43772-pward33-lloyds-tsb-confused.html Seems it's a fast moving area - too bloody fast for me to keep up with!!
  3. Thanks Gary, things do move fast in this game don't they .... ? Meanwhile my claim's just got a whole lot more complicated. I have received a letter from [problem] - dated EIGHT WEEKS ago - saying Lloyds were minded to enter settlement negotiations, but saying there was a discrepancy in wat I'm claiming. They go on: "We note from your pleadings that you are claiming (alleging) that various deductions were made from your account but you do not specifically say when and how." They also want to know "how you calculate any interest". Now I sent them an itemised list of the date of every charge along with its description, using Vamp's spreadsheet and explained in my PoC that I was adding interest at 18.4% - lloyds' authorised rate. What else can they want? I called them today and they said they had no record of sending me any such letter!! He asked if I'd had received the £1k, and seemed to think that was the full sum I was claiming, and didn't I agree to the terms of their settlement letter? I told him it was nowhere near the total sum and I had not received a settlement letter, at which point he said there had clearly been a "mix-up" and that they had "jumped the gun" by putting money in my account without asking me. What a bloody mess.....
  4. Filed the strikeout application as suggested by nicsussex. Now I'm confused again! When I calculated my scedule of charges, it was back in Feb. It was this list I sent in with my PoC. 5 months have gone by since then, however, and of course interest has accrued meanwhile. In the Got a Court Date? thread it says you need to take to the prelim hearing a schedule of charges; do I update the schedule to include interest up to the date of the hearing? Also, I claimed at 18.4% (bank's authorised contractual rate). Given that it now seems unlikely that this rate would be granted, should I prepare and take an "alternative" schedule based on the statutory 8%? Sorry if these seems daft or obvious questions! Just don't want to risk doing anything daft wrong!!
  5. Thanks Max, Yes, I suspect you're right in what you suggest; I'm just nervous about ultimately making some daft error, losing my case, and Lloyds getting their refunds back! I would like a mod's advice if any are reading this as to whether, if I lose for whatever reason, I also lose the goodwill payments? I really want to make a final decision tomorrow as I'll need to work over the weekend on preparing myself for court next week (which in itself is a pain as since I issued in London all those months ago, I've actually moved to Scotland, so a 1,000 mile round trip!). Cheers Max
  6. Sorry to push, but does anyone have an answer to the question I posed on post 40 of this thread? Really need to decide pronto whether to settle or not.... Thanks in advance
  7. I'll ignore that No prob, can see how busy you are. Would appreciate them though thanks (although you'll see from the Central London County Court Developments thread, in light of this morning's developments I'm giving at least a passing thought to settling).
  8. Gary, you have the knack of taking the most horrifyingly complex and intractable-sounding cases, seeing through the crap, and presenting clear advice that makes the problem look so simple after all. Dunno how you do it, but I take my hat off to you! (Well I would if I wore one!)
  9. Contratulations Max!!!! Odd they offered you £100 short but I'd definitely have accepted too! Another victory! Can I advise anyone following this thread who is due in London with Lloyds next week to check your bank account today! Overnight my balance increased by just over £1,000! I went into the branch and they confirmed it was a charges refund. Together with the "standard" £750 which Lloyds pays most claimants, they've now refunded £1,800 of the £2,200 charges. However, that £2,200 excludes any interest at all. I was claiming contractual interest at the authorised rate of 18.4%. I know that contractual interest seems dead in the water now in the light of the recent High Court case, but I should still be entitled to the statutory 8% so I'm minded to continue. Does anyone know if I continue and lose for whatever reason (unlikely, I know), would Lloyds be entitled to take back the refunds they have given me so far? Thanks in advance
  10. Certainly the judge in my case has told all of the many cases he's hearing for directions this and next week that he intends to allocate all claims, regardless of size, to the small claims track.
  11. Thanks for the update Camdenite. I'm sorry your case didn't work out as simply as you wanted to, but at least is looks as though you're going to get all your money eventually, and there were no nasty surprises as such. It comes as no surprise to me that Central London CC lost your N244. In a previous claim of mine at this court (not a bank matter), all the witness statements went missing along with numerous other documents, to the point that the Judge contacted my solicitor and asked him to deliver them to his chambers in person, which he did. The solicitor then billed me for doing so, and I had to claim the money back from the court!! Apparently this court is notorious for this and the court manager, Michael Burke, has had more than one stroppy letter from me over it! I suspect you might be right about not banking the cheque if it's "full and final settlement" but more senior members will advise. It will be interesting to see how things go on the "Lloyds day" next week...
  12. Many thanks Nicsussex, would I / can I do that one the day of the preliminary hearing or should I be putting an application in (N244) beforehand, even though it's unlikely to be heard before the preliminary...?
  13. See here for the basics mate, then start your own thread where you can post updates and questions as necessary. Good luck! http://www.consumeractiongroup.co.uk/wiki/index.php/Frequently_Asked_Questions
  14. I'm not going to worry about that; if I were to put on a suit I'd still look like a scarecrow in a suit so why bother Good luck mate, will be thinking of you, keeping everything crossed and looking forward to your post!!
  15. I called the Court and they confirm that Lloyds did NOT return their AQ. I asked if I could make an application to strike out and the girl I spoke to said in theory yes, but in practice it's highly unlikely to be heard before the directions hearing on 24th July. So is there nothing I can do? Also, has anyone any advice re post #20 of this thread? Thanks in advance!
  16. So sorry mate, have spent over an hour hunting for it again but can't find it. Feel stupid for not putting the link in my original post now!
  17. Hi again Fluffy, I have been browsing various threads and found one person who raised exactly the same problem as you. They were told by one of the senior moderators to do as christinajanep advised above and leave it as it is, so you'll be OK!
  18. Further to the concerns Camdenite and I expressed in posts 19 and 20 of this thread, I have just read the following on another thread. I appreciate this was in the Mercantile court which I know nothing about and for all I know may have different procedures, but please can a mod advise whether this could happen at this week's preliminary hearings??
  19. Thank you GuidoT - appreciated; will start doing some reading!
  20. Just a thought.... Is there anywhere on this site (or elsewhere) a list of cases in which the Judge has agreed to strike out defences as abuse of process after deciding that this case was relevant? I know there's a list of cases that have been settled that can be used to persuade the judge that he is entitled to take the banks' previous behaviour into account in accordance with the findings in the London Borough Council case, but I thought it might help if we could demonstrate that numerous judges across the country were dismissing cases on this basis. In the same way that the Hull judge who threatened to strike out cases was taking into account the infamous Lloyds "win", surely a judge may be influenced by the fact that many of his/her colleagues view the banks' behaviour as "abuse"? If there's any mileage in this at all, responses would be appreciated ASAP, as there are many directions hearings in London in the coming days!
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