Jadest v's lloyds

[GaryH]

Think yourself lucky - my LTSB case is stayed untill March next year!! Doing my best to get it lifted though.

[steffyloulou]

how can they set a date for so far in front...have they not had long enough?????

[GaryH]

Unfortunately its been stayed (suspended) by the court pending the outcome of the test cases that are due to be heard in the Mercentile court. The idea is that a test case will set a precidant for all the other simular bank charges cases - in other words it'll sort the issue out once and for all. The courts are being completely clogged up with all the bank charges cases lately so you can see why they're doing it, but unfortunately there is very little chance of the banks actually showing up - they will more than likely settle before the trial can take place, as they always do. Even more so becouse the test cases will be in the multi-track and they would have to disclose sensitive information about their charging systems. How they're allowed to abuse the court system like this I'll never know.

[cathrionas]

Hiyall,

If a case gets resolved through the mercantile court, ending up in decision say, similar to the credit card situation where the recommendation was for a max charge of £12, would that mean that we would all be limited to claiming back each of the charges minus that amount? I hope my question makes sense...

Bye for now,

Cat

[steffyloulou]

no, iv read this before somewhere.....its to do with them originally charging £30 plus pounds in the first place , and not being able to justify ANY of it, therefore you can legally claim it ALL back. the new charges i think are now classed as "fair" and therefore dont have to be justified.

it was something like that anyway.

[GaryH]

Hi Cat,

 

No, I doubt it. That was the OFT ruling and it was a bit of a fudge. They still said that £12 was likely to be unlawful. If the case was ever heard (v. unlikely IMHO) and the banks lost, they would only then be able to charge a genuine pre-estimate of their actual loss, ie, however much it costs for the postage of a letter and maybe a proportionate allowance for the maintainance of their computor systems. I would say they're actual costs could be no more than £2.50.

[steffyloulou]

exactly

[mb7533]

Hi Jadest,

 

Thats good news with the phone call. Hope they keep to their word now!

 

I'm at a similar point in that got my AQ in on Monday and received a copy from SCM today.

 

On their AQ did they put they intended to call any witnesses? On the one I received they have put '1' but it seems strange for them to put that if they plan to negotiate?

 

Matt

[elsinore]

On their AQ did they put they intended to call any witnesses? On the one I received they have put '1' but it seems strange for them to put that if they plan to negotiate?

 

Probably scare tectics, designed to make you go weak at the knees and faint at the prospect of facing a WITNESS:eek: in court!

 

Why not ask them for the name of the witness, profession, employer and area of speciality?

 

Elsinore

[steffyloulou]

my questionaire said they were bringing in one witness.

 

scare tactics im sure.

[GaryH]

Yeah, they put that on every A/Q. I wonder if its the same witness:confused:!

[jadest]

Yes mine said one witness too... I think it has to scare tactics but I will contact them again, on Monday, to ask who the witness is, profession etc.

When they tell me I will post it on here!

[jadest]

Hi all,

I called court today they said that the case has been allicated through small claims track and I will here from them soom re: court date. I then called SC&M and surprise surprise they have still not had any intructions from LloydsTSB. I guess I will here nothing till I get court date or until court date is approaching.

this prossess is so long and drawn out... and in the mean time lloyds are calling me every day for the £200 that I am overdrwn due to the charges they took out this month.

[jadest]

Has any-one who had to return there allication questionnaire around the 20th Sept had a court date or heard from SC&M about a settlement? I am so fed up of there delaying techneques surely the court should be able to do something about this. Can any-one suggest a way to speed Lloyds up?

[GaryH]

Hi Jadest

 

I know its frustrating, but I don't think there's really much you can do to hurry things up unfortunately. Just sit tight and try to be patient. The good thing is that you have at least got a court date - many cases are being stayed at the moment.

[saj]

Hold on in there Jadest...can't be long now. I'll keep an eye on how you're doing

Saj x

[cathrionas]

Hi Jadest, Just to let let you know I'm still here but have very very reduced access to computer so I will catch up from time to time.

Cat

[jadest]

Thank you all. I am trying my best to stay patient but Loyds are calling me every day over £197 that they took out is charges this month and has made me over drawn... I moved all my payments to another account as I could not afford the charges and to pay all my bills... so now the overdraft has been sent to the collection department... Honestly they call me every day. I told them as I get paid I will give them there £197 but they still keep harassing me daily. I told them if they had not took illegal charges I would not owe them any-thing, and actually they owe me £4,800 and I am not calling them dailly to harass them... they still carry on calling me... it is so frustrating... Sorry for the whinging.

[saj]

Jadest you poor thing...what a hassle. But..possibly a good thiung they have moved the account to collections. Next time they call you, just state that the account is in dispute and you are not prepared to talk to them about it until the case is settled by court or negotiation. Tell them you will put this in writing and add that you require them to stop hounding you. Keep strong...can't be long now

saj x

[jadest]

Jadest you poor thing...what a hassle. But..possibly a good thiung they have moved the account to collections. Next time they call you, just state that the account is in dispute and you are not prepared to talk to them about it until the case is settled by court or negotiation. Tell them you will put this in writing and add that you require them to stop hounding you. Keep strong...can't be long now

saj x

 

I never thought of it that way.... I will do that and then hopefully they will stop hounding me... thank you saj

Jadest x

[rjhsteel]

Received a letter from the court:

 

Upon the courts own initiative

 

IT IS ORDERED THAT

 

Claim be Stayed and to be referred to district judge dudley in box work on 23rd October 2006.

 

What does this mean exactly?

[adamski]

From what i have read here it means that the District Judge is to decide how to proceed with these types of case in blocks check out empire strikes backs comments on this thread

http://www.consumeractiongroup.co.uk/forum/general/35411-itic-5.html

Regards

adamski

[saj]

Jadest...any news...did you speak to the bank re stopping hassling you?

Saj x

[BaldyBaldwin]

jadest, if lloyds are hasseling you by telephone, send them the letter that can be found in the templates section by jonni2bad, titled telephone harrasment,

then next time they call ,tell them that you have made the request in writing that they stop contacting you by phone immediatly,and they are not to call you again, and that if they do they are commiting a criminal offence. and if they want to contact you it is to be in writng only,

[saj]

Jadest, how's it going?

Saj x