GDB-V-LloydsTSB

[bloo]

you will need to peronalize this with your own details.

 

I have a contract with Lloyds TSB Bank PLC, conducted on their standard terms and conditions. I am claiming return of money taken by the defendant in the way of charges over the last 5 years, totaling £1415. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (09/04/2002) to (10/12/2006) of £202.15 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%. I therefore claim a total of £1617.15

[GaryH]

There is actually an updated template now, if you just follow the link provided by ehstevie you'll see it.

[JULIE MCEVOY]

Hi, sorry to butt in on this thread but i am using it as a guide to my own action against lloyds too, and would like to know when filling in court papers do you put branch address down for the bank you are claiming against or registered office? i am filling in my court papers now and would appreciate some advice.

[BARTY]

Hi Julie

I used the registered office for mine.

Why don't you start your own thread up, and then any queries you have you can put on there.

Good luck!

Barty:)

[dave&sueb]

Hi Everyone, sorry about this long post.........catching up at last?!!

Have been juggling illness, running a growing business (not earning much at it) and generally been really tied up. Truthfully, my claim is still progressing but has become pretty disjointed and badly managed.

 

However, there have been several developments, for simplicity's sake I'll leave out most dates but some interesting turns have followed.

 

Following my claim, and their defence (via SCM) which incidentally was identical to other forum members.

 

The district Judge Martin (leicester CC) ordered a stay for 14 days until 25th November to allow further opportunity for the parties to arrive at settlement.

 

25/11 passed and no communication was sent or received by me. I expected SCM to attempt to compromise.

 

By 1/12 a raft of letters arrived from SCM demanding payment of the overdraft (which I have had to leave dormant due to non income), payment of my outstanding balance on my CC account which has also lain dormant for the same reason, also payment in full for an unsecured loan of approx 6.8K (which incidentally, I was talked into in order to consolidate and overdraft with other unsecured debt at the time).

 

Now then, I hadn't had long to think about these letters when I was contacted by SCM by phone about my overdraft and I explained that I wasn't exactly withholding payment, I simply didn't have the income to make sensible, regular payments and that this was due, in part to the amount that LTSB owed me on my current account which exceeded the amount they purported I owed them anyway. I concluded by stating the obvious."your client owes me more than they are claiming I owe them on this account so you have no right to claim anything against me until such time as the case has been adjudged." Their response was bizarre, they claimed they had no knowledge of my claim against their client?!?!?!

 

They have now passed my credit card debt to MHA Collections (*a trading name of LLoyds TSB Bank PLC*) and are now offering to accept reduced payments for six months providing I accept the terms ......hang on, here are the actual words.

"We understand that you are having some difficulties in repaying your debts to our client Lloyds TSB Bank Plc. As a result, our client is prepared to accept a reduced payment for the next six months.

 

If you meet the following minimum monthly payment you will avoid legal action and not be charged further costs by our client associated with the recovery of this debt. However, this excludes those charges that form part of our client's Bankng Tariff, such as interest for example"

They (LTSB) have referred my other "debts" to Excel Counselling Services of Henley In Arden who, very insistently, wish to send a personal counsellor to "discuss your borrowing with them" and to "discuss your financial situation"

The letter ends "Please look positively on our visit, which is intended to offer help and advice"

 

Is this a ploy, a trick,? has anyone else gone through similar stages or 'hoops'? I am curious......see my next post please.....this is dragging on

[Robertxc]

I wouldn't bother dealing with DCAs, I would stick to dealing with LTSB. Write to them and tell tham that you obviously consider the entire amount of the borrowing to be in dispute, and that until such time as the court proceedings are over, you're not prepared to discuss it. Tell them that if they send det collectors after you, you'll regard it as harrassment. Send a copy to the court, and make sure LTSB know you've done so.

 

There's probably a breakdown in communication at LTSB, which means that the litigation bods haven't told collections that the account is in dispute. I doubt they'd have put debt collectors on to you deliberatly for an account which was going through court.

[dave&sueb]

Thanx RobertXC,

You might be able to answer another q?

Have I fluffed my case altogether. When the stay was imposed, I made no contact, taking the opinion that it was LTSB that should try to mediate. However, the instructions in the stay document said that at the end of the stay, either 1 or both parties need to write to the court to advise of the nature of the settlement or enter another allocation questionnaire.

 

I chose to write to the court outlining that no communication was forthcoming and that LTSB had attempted to begin proceeding against me. I requested that the Judge consider the possibility that LTSB should be issued a judgement in default since they made no attempt to contact me with a view to settle before the deadline of 25/nov. I also asked for directions in the matter.

 

I have now recieved a letter from the Judgments section telling me that they have passed the file to the district judge to advise on direction.

 

What does this appear to mean to you?

 

Did i need to complete and pay for anothe AC or will my letter suffice?

 

Do you think I should agree to see the counsellor from Excel since I will be making a claim against them on my CC account when this clam is concluded?

 

Hope you can help

[Robertxc]

My knowledge of this part of the English system is somewhat limited. I'll ask around and see if anyone knows.

[blueskies]

I think the best way to deal with this is to phone or visit the court and see what they advise you to do. Courts do give a bit more support if you are a litigant in person and will be able to advise on procedural issues. It may be that the judge accepts your without needing to fill out another AQ.

[claire78]

What blueskies said! Definitely call/visit the court to discuss the situation.

 

Plus, if you have already completed an AQ, and LTSB requested a one month stay which was agreed, you shouldn't have to pay another AQ fee, even if the court decides that you need to complete another AQ.

 

Hope this helps.

[dave&sueb]

Hi,

LTSB didn't request the stay to my knowledge.......the District Judge Martin at Leicester County court ordered the stay to "give both parties opportunity to resolve the dispute" (or words to this effect)

 

I will phone the courts first thing AM.thanks all.

[dave&sueb]

Hi Guys (&gals),

I need urgent help regarding my LTSB Claim.

On 24 October, I received a

"

STANDARD ORDER FOR STAY FOR SETTLEMENT WITH CONSENT OF ALL THE PARTIES"

It reads:

Deputy District Judge Martin orders that this claim is stayed until 11 November 2006 to enable the parties to attempt settlement.

On or before 25 November 2006 one of the following steps must be taken:

either

the claimant must notify the court that the whole of the claim has been settled; (see note (i) below)

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm the agreement of all the other parties. (see note (ii) below)

or

all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. This list must be agreed with the other parties and must indicate that it has been agreed.

Date 11 October 2006

(+notes)

Now then, on 20th November, I wrote to the court to inform them that SCM had made no attempt to mediate or negotiate, only that they continued to write to me about the debt?!? demanding re-payment.

 

I received no response to my letter and have written again to the court asking for instructions. Their reply was

 

We acknowledge receipt of your faxed and emailed letter dated 10 December 2006. I regret that to date I have not been able to trace receipt of your letter dated 20 November 2006.

 

The file together with your letter of 10 December has now been referred to the District Judge for case management directions.

 

XXXXXX

Judgements Section.

 

 

To date, I have had no further reply.

 

The way I look at it is that I did not file an AQ by the 25 November when I should have done. In the meantime, Excel Counselling Services has been appointed, (after 25/11) who wish to meet with me to "discuss my borrowings with their client"

 

HAVE I FLUFFED MY CASE COMPLETELY?

CAN I RECOVER THE SITUATION AND PROGRESS MY CASE?

SHOULD I AGREE TO SEE EXCEL?

PLEASE SOMEONE HELP ANSWER THIS POST

[gizmo111]

Have you got proof of posting letter on 20 November ?

[GaryH]

JMHO, but I can't see this being a huge problem. The court are likely to give you the benefit of the doubt. You could have posted this earlier though - you really should have attempted contact with SC&M during the month ordered by the court.

 

You should hopefully get your court date and directions soon, although I suppose its possible that another stay could be ordered, as soon as its clear neither party complied with the last order.

 

The last question is entirely up to you. I think I'd personally tell them that the account is in dispute an I would'nt discuss it untill the dispute is resolved. Depends on your circumstances though I suppose.

[rbrears]

File your AQ now.

[Bookworm]

3 threads merged. Please stay on one thread per claim, it will help keep track of your progress without having to search through the forum. Thanks.

[GaryH]

So you have'nt yet filed an AQ then? Why not?!?

[dave&sueb]

I am thinking that if I don't agree to see Excel, the courts may take the view that I am not willing to attempt negotiation. Then again, why should I.ITS MY MONEY

[dave&sueb]

I already filed a provisional AQ at the earlier stage....sorry but my tracking of this claim has been disjointed due to being so amazingly busy.

[dave&sueb]

I would have found it impossible to file AQ during the period given as I had zero funds! (apart from what the bank owes me)

 

What would I put in this second AQ anyway? just re-iterate the first?

[dave&sueb]

sorry about the split ehmm threads? new to forums!

[GaryH]

Get in contact with the court and see if you need to file a new AQ. I doubt you do, but best to double check.

[GaryH]

I am thinking that if I don't agree to see Excel, the courts may take the view that I am not willing to attempt negotiation. Then again, why should I.ITS MY MONEY

 

Are they a DCA acting on behalf of Lloyds? If so, thats irrelevant.

 

If you are disputing the balance of the account you are well within your rights to insist that the dispute is resolved before you enter into any discussions on the matter.

[dave&sueb]

Excel guarantee, specifically that they are NOT a DCA.

Can't see that it would harm any, think I will make appointment if only to satisfy curiosity.

 

Cant help wondering if this is a new ploy though........any comments?

[coral123]

Don't know if this is a new tack by LTSB or just their usual incompetence. I'm assisting my son with his claim against them. Completed MCOL in September but he's still received a letter from SC&M demanding payment of his overdraft (which incidentally is all charges), a letter from MHA collections, and just this weekend a letter from Moorcroft Debt recovery.

 

I suppose one could say that to instruct one DCA on an account that is involved in court action may be an oversight, but 3 for £180? Makes you wonder!