Ashwall V Lloyds TSB

[steven4064]

You could send it anyway, one of my colleagues says that this has worked in the past. It still seems odd to me but, hey, if it works don't knock it

[Ashwall]

Thanks Steven, your a star indeed.

I shall post to court in the morning.

Fingers crossed for some early cash

 

Ash

[havinastella]

Ash, hold up until I get an answer to my question on my thread.

 

JOgs

[Ashwall]

Well its pretty clear im not going to be getting my statements unless i do this through the court, i dont feel there is much of an alternative, im not that bothered if i dont get the charges im trying to claim for i just want Lloyds to send me all the info so i can get my claim started, its been 4 months now since i started this and i still dont have statements!

Im posting the N1 today.. whats the worst that can happen??

[Ashwall]

Have had a super quick response from my local court, My claim was sent to Lloyds on the 8th July and will be served on the 10th. They have 28 days to respond. All charges/damages have been excepted! Whoop whoop! If Lloyds are going to pay them or not i cant say. Watch this space

Coincidence... had a letter from Lloyds also today saying they would have my information out to me by the 16 Aug which is within the 40 days of receiving my cheque which was the 7th July?? Funny that.. it was a postal order and was sent recorded delivery on the 30th April .. anyhoo its to late for that.. we're in court!

[Ashwall]

Bump

Lloyds have filed Acknowledgement of service indicating an intention to defend all of the claim, with regards to the N1 non compliance SAR.

 

Acknowledgement was filed by solicitors

Sechiari, Clark & Mitchell Solicitors

Brighton.

BN1 3XJ

 

They state they are in the process of drafting their Clients Defense which they understand needs to be filed by 4pm on 7th August 2008.

 

Whats the next step for me?

Do i just wait now to see what their defense consists of as there is no doubt they are in breech of the Data Protection Act my request was recived by them on 2 May 2008 as as to date i still do not have the documents im entitiled to.

 

Thanks

Ash

[steven4064]

You just sit and wait now until you get their defence (and possibly the AQ)

[Ashwall]

Roger that Steven .. Thanks

 

Ash

[Ashwall]

Bump.. HI everyone,

Need a little advice .. Lloyds Defense was to be submitted to court by 4pm on the7th August 2008, so far i have had no correpondence and nothing in the post today to confim that it has indeed been submitted.

Do i need to contact my local court to see if they have received it and if not proceed with the Notice of Issue Request for Judgment?

 

Thanks for all your help so far it beem invaluable

[steven4064]

I would give it a few days yet

[2Grumpy]

Banks are in a privileged position. they have direct access to our money or overdraft.

 

Any other organisation would have to give notice before being able to access our money - e.g. direct debit. Apparently not LTSB

 

They change their mind about whether their charges are over-limit charges or informal requests for an overdraft limit increase.

 

They don't have to take the money out of your account like that - they could invoice you.

 

The only reason that they don't is so that they can continue catching you off guard with their charges and keep on charging.

 

How ethical is that?

[Ashwall]

2Grumpy

Well we all know it's not ethical at all, Your so right in the way they go about it, i found charges were going on to my account 3 months after the inital month i was OD.. off guard.. Damn right!

 

Well im still in the process of getting my statements.. will be very interesting to see LTSB defense as its now 101 days since my SAR was signed for by LTSB on May 2 2008. I dont think there is any question that they have broken the 40 day rule!

 

Will keep things updated here as to how it all goes.

[Ashwall]

Steven

What you thinking? End of the week then contact My local court to see whats happening?

Thanks again for all your help.. your a Gem

[havinastella]

Hi Ash,

 

Hope you are well.

 

Looks like my 28 days are up on the 14th Aug, lets see what they reply on as a defence

 

They have 40 days to comply.

 

It's now 101 days since your request.

 

I'd love to see that defence

 

 

Jogs

[Ashwall]

Hi Jogs

Nice to hear from you.

How goes the battle with you? All good i hope

 

Well i doubt we will see a defense! Not had anything yet to say LTSB have submitted one! And for the life of me i cant actually see how the hell there is a defense to make! Its 101 days for crying out loud!

 

Keep you posted

[Aterlatus]

It really is disgusting how the banks can do as they like with our money, when they like and how they like. You're right in saying nobody else could have that much control over someone else's possessions

 

My wife likes to make use of that 'save the change' rubbish that TSB push and had the money going into one of her savings accounts. One day they sent a letter saying "By the way, we're gonna pay off the overdraft on account x with the money from account y". Charming. Thankfully, they haven't dared try to do it from the joint account and have since closed the overdrawn account (was only about 30 quid over).

[havinastella]

Hi Ash

 

I've had a defense, I'll post it up in the legal forum later.

 

JOgs

[Ashwall]

http://

Edited August 14, 2008 by Ashwall

[Aterlatus]

That's a bit different than the defence I received a few days ago - don't say they've stopped using templates. I won't believe it!

[Ashwall]

 

 

 

http://img92.imageshack.us/img92/2462/ltsbdefensepgny8.jpg[/img]

 

 

new to this posting so dont know if i have done this right

[Ashwall]

http://http://img92.imageshack.us/img92/2462/ltsbdefensepgny8.jpg[/img]

[havinastella]

Ash, you have the same exact defense as mine, even the mistake in point 9, where they refer to costs as paragraph 9

 

 

Looks like poor Matt has been busy.

 

 

Jogs

[Aterlatus]

Matt signed mine but it was slightly different. I'll scan it tonight and pop it up on my thread for comparison

[Ashwall]

Soz for the confused posting.. im not too sure of what im doing.. think im getting there so hope its ok

 

I think this will be my greatest piece of Evidence as its inconsistant with the LTSB Defense dates and also clearly states "40 Days" which is up tomorrow.. to date.. still no statements!

 

[/url"]http://

[Ashwall]

Jogs..

Thats good to know.. all standard stuff then, looks like we are going all the way for a pointless defense.. well im hoping my judge gets peeved and therefore on my side when it comes to claiming the big bucks.. if i ever get the statements that is!

 

Il drop you a mail later.

 

Ash