cougar25 vs lloydstsb - won eventually!!

HEY ,..After a bit of a sulk i have calmed down only to realise that actually i now see what they are saying. Ive just done the calculations, and actually 4% on the whole amount is actually the same as 8% calculated daily all bar about £100. so all is not lost. I feel much better for knowing that,..and i know claiming the extra interest would be nice, but its done now and i just have to except it. HHNF ONCE AGAIN YOUR A STAR, SORRY I DIDNT THANK YOU EARLIER. I would never have had the stomach for all this without your constant support and advice. The court process is enough to drive anyone mad. And maybe i didnt get what i wanted but i now have invaluable knowledge into the justice system and what to expect the next time an institution crosses my path!! BRING IT ON !! thanks to all who posted on this thread,..LONG LIVE CAG!!

hi again hhnf just got back. i did get a pay out, but not what i was anticipating. the claim was split into two parts firstly the initial application was signed for and so she saw no reason to assume that those charges were unlawfully taken. the second part she said was obviously not legal. and therefore awarded those charges plus interest. This is the part that makes me a bit angry. she went on to say that the actual amount of interest charged on those payments was actually not 27.9 and therefore said she would only award what i had actually been charged which is in the region of 15%. im thinking that because i did not have those calculations to hand for the duration of the claim and also the rate of 15%, she decided it would be easier to award 8% on the entire claim, and then to rub salt in, the barrister said that would mean i would be over compensated on certain parts more than others, so he sdvised she split the amount of interest in half like they do in personal injury claims. so i actually got 4% on half the amount i claimed???? they now have 28 days to pay up. Although im strongly considering appealing on mathmatical grounds!!

hi hhnf:) in court again tomorrow, sorry for not updating,.. they have been so slack getting me all the info. firstly they asked for more time to supply a witness statement, so i made a trip to court to supply information that i sent the letter special delivery and they recieved it much earlier than they said. the judge gave them more time anyway. now they have provided the statments 2 days ago,..and a letter stating that the reason is becuase the account manager was on annual leave and couldnt sign the statment,....(first reaction ,...REALLY,..so how did he make a witness statment??) I am completely fed up with them and so, i hope, is the judge. I have so many issues with their conduct, it is hard remembering it all, talk abouyt abusing the court process!! Also the court have said to allow 2 and a half hours for the case to be heard. I find this hard to beleive as they have also said the case is block listed with an hour slot for my case.

Ok thanks hhnf progress is slow but we are getting there

UPDATE,,... I sent the statement off that i had to,..and also enclosed the cpr part 18 request for information. And Ive recieved an offer in the post today for about half of the total claim including 8% interest. So,. ill be sending them a refusal letter asap, informing them that i require total amount including contractual interest.

hi uka are you talking about the third part or all of it? lol to be honest with you, i dont mind if they dont comply because, i would find that suspicous, as will the judge (fingers crossed) many thanks cougar p.s hi bb

thanks guys, this is amazing. i have drafted a part 18 request this morning. i have purpously kept it short so that i dont annoy the judge by asking for lots of information in a short timescale. see what you think.

many thenks e i think your right. i think part 18 would cover making a request before the hearing. i'm going to draft a request, and send it with my statement. this should (if im right) strengthen the first part of my claim, with regards to tackling the course of dealings issue. Many thanks for the example too!!

excellent many thanks ,.. where would i be without you!!

and also he said that the next course of action for the defense would most likely be course of dealings. which i believe means that the ppi apeared on my statements and i should have noticed it. No I disagree on that one. The agreement forwarded possibly already had the ppi applied and was given to you for signature, therefore not optional, did you ever receive the policy documents or the terms and conditions for review. I believe i really need to work on this bit,..the judge made the first part of the claim sound very weak indead. I need to make the points you raise crystal clear in the statement. and you can bet your life im taking a break tonight,..lol when i got home i couldnt think,..its great being able to talk to like minded individuals in this situation!! as allways hhnf i appreciate all your advice,. Am going to attempt a draft statement tomorrow morning,..so ill check in tomorrow to let you know how its going. best regards cougar

many thanks hhnf!! have just got back from the court. The first thing the judge said was that the claim should be taken as 2 parts. The first agreement which was selected for ppi and the upgrade agreement which was not. he went on to say that he felt fraud was a very serious allegation to make and that he suspected i meant that i was mis lead or perhaps not given the appropriate information,.. which i agreed to. so fraud allegation was dropped. he then asked if the application form was filled out by myself to which i replied no as the account manager did this for me. At which point i suddenly realised that this was one point i didnt make clear,...(i know ,..dumbass) the judge ordered a statement from me to be sent to the court and the defendent naming names and exactly how the application was conducted. so he adjourned until the next available date. He gave me and the barrister the impretion that the second part of the case relating to the upgrade agreement was substantially more solid than the first. therefore he recommended that the barrister talk to the legal team to see if they would like to make an offer to me on that basis. Afterwards the barrister stated that he would make the phone call if i agreed that i would accept part payment from the date of the second application,..to which i told him not to make the phone call on that basis. therefore i now have around 2-3 weeks to prepare a statement and send off to other parties, and await a reply. he also went on to say that the case is concerning damages plus interest,..not charges? not 100% sure how this affects the contractual interest claim? and also he said that the next course of action for the defense would most likely be course of dealings. which i believe means that the ppi apeared on my statements and i should have noticed it. apparently the barrister informed me that the main thing concerning the bank was the allegation of fraud. As this is so serious they almost have to prepare a defense. so in a way the main theme of their defense i feel was not relevant. the judge seems to think that now there is going to be statements involved, the next time we come to court will take the full 2 and a half hours!!

bump!

COURT TOMORROW!!! Am preparing an opening statement,..if anyone has any tips, it would be appreciated.

thanks for all the advice youve given you really are a star! I remeber you saying some months ago about a similar claim you were starting,..have you won your arguement?

lol,.. i smell instigation!! Thanks for your reply,..thats really helped me understand the situation. Normally i would be up for the fight but i dont think it would suit my circumstances at the moment to risk damaging my ever so slowly recovering credit file! ive only just sold the house and am attempting to become clear of my debts,..no thanks for northern rock for adding redemption penalty after refusing to port mortgage!! but thats another issue and one you might see posted anytime soon! ive put together my court bundle and have sent it off today to the court and lloyds' solicitors. its strange,... i dont even know what the inside of a court room looks like,...im quite looking forward to it!!:grin: best regards cougar

magictorch,.. im sorry to jump on the bandwagon, but i was wondering if you could provide any information on the buy now pay later contract that creation finance (formerly open and direct) operate. i was stung by the fact that i wasnt told there wouldnt be a reminder to pay, therefore i payed a rediculous amount of money after the deadline had passed?? Am thinking about passing this to the FOS to look over. its an old issue now but one that still beggars belief! all info greatly appreciated. cougar

all the best with the hearing!! im reading with a mind to start my own claim on NR. Please keep us posted

yes im thankyou. Glad to hear from you again yes thats what they done. im also curious, even if a credit agreement cant be enforced, does this just mean they dont have the power to force you to pay up, so the debt will still exist and show up on your credit file?

ive brought guide for small claims by patricia pearl and have educated myself a bit, so i feel more confident as to how i procede now. the court hearing was adjourned as i was in the process of moving and was disorganized and busy to say the least. court date is now set for sptember 22nd and i am working on getting all my documents together for the court bundle. bit of a problem because i had a pc crash and lost some of the information about letters that i sent and recieved,..as i was keeping track!! luckily i have most of what i need printed off!! I would love to pick some peoples brains at this point. there is really 2 issues. firstly they mis sold ppi to me. and secondly they took too long with the cca request. im thinking i may have missed the main point here,.which is that under the credit act, an agreement cant be enforced after the 12+30 days rule, shouldnt i be aiming to void the entire agreement as apposed to claiming back ppi? would appreciate a quick response here as i have to have my court bundle prepared asap to send off.

bump!!

ok update for all you guys that are following this still,..and thanks to all of you that are and have given me advice thus far. i now have a date set for the hearing, which is the 31st july. i have untill 14 days before the hearing to supply all documents. am a bit concerned about my readiness for such an event as im still learning as i go. have to pay 150 quid by 26th june. the thought of going to court is daunting and you can see why lloyds fight theses cases this way!!

seems i got the wrong end of the stick entirely with sectiong,..my fault for not looking to see how other people have managed section g on the forum. have found some absolutely excellent information and guides on how to do this, ... so much so ive asked the court to strike out the defence because of the way in which lloyds handle cases like these by stalling and abusing the system e.t.c. Am feeling much happier about this now, even if the judge feels this not appropriate, i still feel like ive got my point across,..lol Let this be a lesson to me to read the forum first RTBF (read the bloody forum)

how does this look for my allocation questionnaire does anyone have any ideas that i should add or take away?? SECTION G “OTHER INFORMATION” In reference to paragraph 2 of the defence the claimant insists this option was not presented and considering the later agreement mentioned in paragraph 5( where a selection was not made at all but the payments were taken anyway) the claimant also insists all that was asked of him was to sign the agreement. Since the claimant was not asked if he wanted payment protection it is fair to assume that the fact that it was printed on his statements would not raise any suspicions if he was not aware it was optional. The defendant has broken the law in regards to the timescale it took to present a copy of the credit agreement for the claimants account. This agreement becomes unenforceable by law after a total of 42 days (12+30) which passed since the request was made. An agreement was eventually issued, but this was not the original agreement, and as such it is fair to assume that the agreement issued was the working agreement at the time of the claim. Attached is the initial letter sent to Lloyds. In reference to paragraph 7 of the defence, the claimant would like to make the court aware that the cases the defendant refers to in the defence as a precedent for not awarding contractual interest, should be disregarded for the following reasons. Halliday v HboSplc [2007] All ER (D) 66 (Jun) . The claimant in this case lost whilst claiming Compound interest at the the contractual rate, which is not relevant in this case. Lordsvale France Plc v Bank of Zambia [1996] 3 AER 356. Holds no relevance to contractual interest whatsoever. Its distiguishing a penalty clause v liquidated damages.

no ive just been sent an allocation questionnaire (allways wondered what they were) so i have to fill that in and return it by 5-5-08. theres lots of things i wish i could fit into "other information" but im gonna have to pick out the best bits i guess. will look up sempra for some info,..thanks hell does anyone know anything about lordsdale france plc v bank of zambia ?? it appears to be a construction contract ???