bump?

To: District Judge [name], [court] County Court. Dear Sir/Madam I refer to my claim number Claim No. ******** for the refund of bank charges dated [date issued], which was stayed on 10 August 2007 I understand that the Judicial Press Office has advised Claimants to write and request a lifting of their stayed claim. As my claim for Bank Charges is brought under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999, and is therefore not affected bt the recent Supreme Court Judgement, in fact the Supreme Court has indicated that a challenge to "fairness" of my Banking Contract under Regulation 5 may be an appropriate route to take. Furthermore, in reference to my letters to the court dated 12th August 2007 And 19th September 2007 respectively (copies enclosed) to which I received no response from yourselves I pointed to the fact that the defendant was in contempt of court instructions by not presenting a response by the date instructed. This was one day prior to the blanket stay being effected. Further telephone calls to the court office met with being told they would no longer discuss individual cases until the stays were lifted. I therefore request that the stay be lifted, that any necessary directions be given, and that a date be listed for a hearing of my claim. Yours faithfully Any comments gratefully recieved....

So now I'm left an extra 550 quid out of pocket in court fees - hundreds of hours of work bringing this. The Courts sat back and ignored the letters I sent explaining that Lloyds had already been in contempt of their previous ruling for delivery of defence, and I have to pay them for nothing at all. Would anyone like to help me take this as a test case?

Hi Guido, chuffed to know you are still here, hope you are well. This one has loads of info. in it, thankyou. I'm going to give it a try - nothing to lose but more sanity and time...hope I can make some time I'll be sure to keep this thread up to date. Any thoughts on the legality thing? That they still breached the court order prior to the stays.

Thanks YourBank I'm beginning to think there is no way forward via that avenue as my girlfriend has been making sure things stay in the black with household payments. I resent the fact that someone entirely unrelated to Lloyds is getting dragged into this out of the goodness of her heart. It is not good for relationships.

To update... The court never replied to the letters. I called them twice and all I got was a court officer/receptionist repeating over and over that 'All cases are stayed' - Yes, but Lloyds were in contempt BEFORE the stays were effected!!! To now...I have just posted this in General Banter, but thought it best added in here as the battle begins again in earnest. This may be a long post, but I shall try to paraphrase as much as possible whilst outlining my case. Along with thousands of others 2 years ago I began reclaiming my bank charges. From one bad period in my life and the bank adding charge after charge, month after month I fell heavily into bank debt. To the tune of over £5000 in charges. I went all the way and was at the stage that Lloyds had to provide their defence to the court within 28 days. On the 29th day - the blanket court stays came into effect. I wrote to the courts detailing this - no response. I called the courts twice and could not get past the court admin or whoever simply repeating that 'ALL cases are stayed' Work and life took over, and I figured as i was in the system, then soon there would be an outcome. This battle had taken over my life for the best part of that year. I am to this day sure that the bank were in contempt of court. But if the court ignores me, what could I do without legal help? Anyway. I had work to do, self-emp and trying to start a business. I had opened a new account with another bank. I moved everything out of lloyds account and asked to close it. They would not let me close it as the account was (and still is) with their collections dept. This is due to my loan repayments that both I and my ex-partner had with lloyds. So I had to keep the dormant account. Thing is, it was a select account, so there was a 7.95 per month fee, which kept my car in the AA so each month i would transfer 7.95. ...until I ran into more difficulties. last month it was not paid in until a couple of weeks late. Meaning the account went overdrawn by the huge sum of £4. I called them and asked if I could downgrade my account and get the amount written off. They told me i could not do this by phone and would have to go to my branch. My branch is 75 miles away after a house move. So i explained i would not be able to get there straight away, and not to add any more charges. I made it to the branch last week. I got my account downgraded, and they took off one of the charges (£75!!), but was told i could not get the other one removed as it was now with collections. So I called collections. They said I would have to go to my branch. I tried to get an appointment with my branch manager yesterday, but none were available. The lady on the phone just said to pop into branch near me. So...I did. To be told there that there was a further £72 charge to be added for this month. And there was absolutely no way they would remove it. The manager even said it was ridiculous and unfair himself, but there was nothing he could do. So my new partner had to march out, take £150 out of the hole in the wall, and pay it up - lest more charges were put on in 2 weeks. So. I have no income at the moment...work is hard to come by. I am living off my partners goodwill and credit cards. I tick all the boxes for a hardship case, especially since the main things that are bouncing and being charged for are Lloyds loan and lloyds charges. There is no activity in my accounts which i can prove and little work. And I am still sure that if my case was looked at by the court then lloyds were already in contempt PRIOR to the stays. i have all my documentation and my full papers are still with the court. Can anyone advise me? Where to next? are there templates for hardship letters? Should i take these new charges as part of the evidence against the bank or start a new reclaim for these vicious to be charges repaid? Since posting that a couple of hours ago I have been on the phone. The bank manager I spoke to yesterday said my best hope now was to call The Customer Support Unit, he gave me the number. Once I had rang it and gone through the button options - I ended up back on the general advice line - i was told anything related to charges will redirect to them So i get a poor girl who tried to help. I went through it all - AGAIN. She tried calling CSU for me but they refused to speak, saying I had to speak to collections. Collections told her they would not speak to me and I should write to them. They gave me the Andover address where I sent my first claim 2 years ago at the start of this thread. :twisted: I asked her to put a note on the account saying that no-one else would speak to me regarding this matter. I doubt she did. So... 1. Lloyds lines - dead end 2. lloyds face to face bank managers - dead end 3. Court - dead end 4. Financial Ombudsman - (just looked at their site, no further cases until legal matters adressed) - Dead End. Seems hardship is only way forward. Does anyone think that getting legal help on this would be worthwhile? God knows how like, as i assume it will cost me But in light of the legal aspects and the stays being affected after breach by lloyds, could that angle be used? Feel like i'm being beaten up here.

This may be a long post, but I shall try to paraphrase as much as possible whilst outlining my case. Along with thousands of others 2 years ago I began reclaiming my bank charges. From one bad period in my life and the bank adding charge after charge, month after month I fell heavily into bank debt. To the tune of over £5000 in charges. I went all the way and was at the stage that Lloyds had to provide their defence to the court within 28 days. On the 29th day - the blanket court stays came into effect. I wrote to the courts detailing this - no response. I called the courts twice and could not get past the court admin or whoever simply repeating that 'ALL cases are stayed' Work and life took over, and I figured as i was in the system, then soon there would be an outcome. This battle had taken over my life for the best part of that year. I am to this day sure that the bank were in contempt of court. But if the court ignores me, what could I do without legal help? Anyway. I had work to do, self-emp and trying to start a business. I had opened a new account with another bank. I moved everything out of lloyds account and asked to close it. They would not let me close it as the account was (and still is) with their collections dept. This is due to my loan repayments that both I and my ex-partner had with lloyds. So I had to keep the dormant account. Thing is, it was a select account, so there was a 7.95 per month fee, which kept my car in the AA so each month i would transfer 7.95. ...until I ran into more difficulties. last month it was not paid in until a couple of weeks late. Meaning the account went overdrawn by the huge sum of £4. I called them and asked if I could downgrade my account and get the amount written off. They told me i could not do this by phone and would have to go to my branch. My branch is 75 miles away after a house move. So i explained i would not be able to get there straight away, and not to add any more charges. I made it to the branch last week. I got my account downgraded, and they took off one of the charges (£75!!), but was told i could not get the other one removed as it was now with collections. So I called collections. They said I would have to go to my branch. I tried to get an appointment with my branch manager yesterday, but none were available. The lady on the phone just said to pop into branch near me. So...I did. To be told there that there was a further £72 charge to be added for this month. And there was absolutely no way they would remove it. The manager even said it was ridiculous and unfair himself, but there was nothing he could do. So my new partner had to march out, take £150 out of the hole in the wall, and pay it up - lest more charges were put on in 2 weeks. So. I have no income at the moment...work is hard to come by. I am living off my partners goodwill and credit cards. I tick all the boxes for a hardship case, especially since the main things that are bouncing and being charged for are Lloyds loan and lloyds charges. There is no activity in my accounts which i can prove and little work. And I am still sure that if my case was looked at by the court then lloyds were already in contempt PRIOR to the stays. i have all my documentation and my full papers are still with the court. Can anyone advise me? Where to next? are there templates for hardship letters? Should i take these new charges as part of the evidence against the bank or start a new reclaim for these vicious to be charges repaid? My LloydsTsb battle thread is here... http://www.consumeractiongroup.co.uk/forum/lloyds-bank/43155-hudu-lloyds-getting-money-2.html

2 letters to the court and no response after 6 weeks.

Still no response to request for judgement. Today I shall prepare a new letter to the court asking for Judgement and attach all the recent Orders they have sent - pointing them to their mistake and re-stating that the only order valid is the first. Hadyanths case progress yesterday has inspired hope should I actually need a stay lifted. ...if indeed it is stayed.

First off I just want to say a Big CONGRATULATIONS, hope they are not pedantic enough to try and wriggle out of it at this late stage - I doubt they will. Looking at the above post, your case is pretty much exactly where mine is and with the same lack of response from Lloyds - they have breached all the same orders. The only difference is i do not have a hearing date, just keep getting stonewalled by the court office. I have applied to the Judge for Judgement - and would imagine than at the basis of the above that a stay should be lifted, if indeed there is one (You'll have to read my thread - its VERY complicated at the moment:evil:) Anyway - well done, and thanks for giving us all hope still.

Sending positive thoughts your way for today. All the best.

Just to add, letter looks good to me - I did a similar one http://www.consumeractiongroup.co.uk/forum/show-post/post-1077577.html - much shorter version. Just check spelling of District Judge - missed the 'T' off the end. Good luck.

Just subscribing. Fingers crossed for you.

Its at Rotherham County Court. To add to this, I have just got home to ANOTHER order from the second Judge identical to the last one. Like I said, I paid money to the courts for all this I'm going to go with your advice, it's all I have - thankyou again - I'll fire off a letter tomorrow to the second Judge and re-iterate that the first Judge has yet to respond to my application for judgement, and could they please please stop junk mailing me daily court orders.

I am none the wiser. Decided to go in person - as they were most unhelpful over the phone. The court lady just repeated over and over, 'It has been stayed - all cases have been stayed' I tried to explain that it was stayed after it was technically over, and that I had also had a new order after the stay. She said that the new order 'was probably a mistake and to ignore it' I said, 'Are you asking me to ignore a court order? Which one should I ignore?' I just have no idea what to do next. Seems to me my options are... 1. Wait. See if I get any written response to my Application for Judgement. But I have no idea how long to wait and the lady at the court is most unhelpful so both ringing or going in person seems pointless. 2. Respond to the 2nd (new order) and print up another two bundles and take them to court and to Llloyds yet again...giving them another 28 days. If they breach yet again, this can only stand me in good stead. 3. Apply for the stay lifted. Which I can ill afford - but have a bloody good case I'm sure. It seems the attitude of the court is they will not look at anything to do with bank charges at the moment, and wish it all to just go away. One year on, and I'm almost ready to throw in the towel.

Thanks Tanz. I have most of that covered, but something odd has occurred on my return from my holiday. Odder than before even... To bring you up to date. I have now written asking for judgement, to the original Judge. A stay was ordered by a different Judge after I had complied to an order (basically the New Strategy Directions)and Lloyds had failed to respond. I have now returned home to find a new General Form of Judgement or Order from the Judge who on 10 August ordered a stay. This new Order is (AGAIN!) the same as the New Strategy Directions sent last time by the first Judge. Written and dated 23 August, 13 days after the stay order. :???: I'm going to call the court tomorrow, they seem very confused - same as I. I wish I could afford a solicitor.

bump

UPDATE 1./ I have asked for a strike out on account that Lloyds had not complied with the court order after 28 days as they were instructed. 2./ One day later a DIFFERENT judge orders that 'all bank cases are stayed' in my court. 'Either party may apply at any time to lift the stay, by application on notice, in accordance with Part 23 of Civil Procedure Rules' Can anyone give me any legal advice on this? Should I have to apply (and pay?) to lift a stay that has been ordered after an Order has breached?

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/43155-hudu-lloyds-getting-money.html I seem to be at the same stage as you. Some stuff in that thread that may be of help.

This is probably not the best time to be going away for the next 4 days. I'm going to leave the request for judgement with them and appeal against any stay that should come (even though it has).

Erm...it doesn't work Barty lass!

Looks like you are in much the same boat as me mate. Check my thread on front page. I'll be going for stay lifted, if it actually applies.

Well, well, well.....the plot thickens... Just arrived home to a General Form of Order or Judgement from a DIFFERENT judge from the court saying all cases are now stayed pending outcome of the OFT case. It is dated Friday 10th August. Do they not speak to one another or look at case notes? My Judgement Request from post above ^^^^ will be there in the morning when they open at the court office. But should i now respond to this one too and have to pay to get a stay lifted that should not be there? AAAAAAAAAAAAAGH!

To Whom It May Concern: Claim No. ******** Hudu Vs. Lloyds TSB Bank Plc. I refer to the matter above and the General Form of Judgement or Order made by District Judge ****** dated 21st June 2007 – copy enclosed. I advise the court that the Defendant has not complied with the said order, in that it has not served its evidence, or any such documents, by 9th August 2007 - as specifically directed by Judge ******* Nor was any application for a stay, set aside or amendment made within 7 days. In view of the above please find attached a copy of my Request for Judgement form N225. Box A is ticked on the basis that whilst the standard 9 point defence has been filed, the defence extends to include documents that Judge ****** has requested which have not been filed. Yours faithfully

Thats great news! Congratulations! When was this settled? Do you have a thread somewhere?