Jadest v's lloyds

[sleepz]

I would assume, based on the same criteria as Credit card and bank charges, that any charges taken off you (for pretty much anything) can also be claimed back.

 

Be that a loan, your phone bill, Electricity etc. If the charges imposed or added to your account are disproportionate to what it actually costs them, then they would also (presumably) be unlawful.

[jadest]

Thanks very much

[jadest]

hi I don't want to appear thick or anything but my claim was issued on the 31st July deemed as served on the 5th August but they put in there Acknowledgment of service on the 4th so the 28 days still goes from the 5th doesn't it?

Which makes there last day to fill in defence on 2nd of Sept which is a Saturday. So do they actually have till the 4th the Monday to file defence?

And am I then not able to put in judgement thing till the 3rd the Tuesday?

Please help!

[sleepz]

hmm, don't know about this one, havnt got that far yet.

From what i gather, although I don't know 'cause I havn't looked at it, If you filed on Moneyclaim you can just log in and request judgement ... if it's not time to do so it will tell you, so I guess just keep trying untill it's works.

 

Im not sure about that though, maybe best to not play about with it if your unsure ... anyone got a more informed answer?

[jadest]

hi I don't want to appear thick or anything but my claim was issued on the 31st July deemed as served on the 5th August but they put in there Acknowledgment of service on the 4th so the 28 days still goes from the 5th doesn't it?

Which makes there last day to fill in defence on 2nd of Sept which is a Saturday. So do they actually have till the 4th the Monday to file defence?

And am I then not able to put in judgement thing till the 3rd the Tuesday?

Please help!

 

Thankyou sleepz hope someone else can clear this matter up! :confused:

[elsinore]

All your calculations are correct, jadest. As you probably know, LTSB are notorious for entering a defence at the very last moment. Even if they submit it on the Monday, if the papers have not gone to the judge, the court might feel obliged to accept it. So you could wait until the Friday just to be sure. If you do get judgement by default, LTSB are certain to apply for a setaside, with some pathetically lame excuse. However, it won't make much difference, you'll still get your money.

 

Elsinore

[jadest]

Thank you elsinore that was very helpfull. So if I leave it till Friday to put in the claim by default. They can still ask for extra time from the judge, If there claim was against us they wouldn't wait 28days to claim they would just take the payment out of your wages. That is were they seem to hold all the card and this process is a little unfair.

[elsinore]

They would have to provide a reason that was satisfactory to the judge for their failure to enter a defence . You will be pointing out to the judge that they have had weeks to do it and, moreover, could have engaged in dialogue to settle the claim, but have failed to do so.

 

Yes, the process does seem unfair at times, but that is why we are all trying to tip the scales in our favour for a change!

 

Elsinore

[jadest]

They would have to provide a reason that was satisfactory to the judge for their failure to enter a defence . You will be pointing out to the judge that they have had weeks to do it and, moreover, could have engaged in dialogue to settle the claim, but have failed to do so.

 

Yes, the process does seem unfair at times, but that is why we are all trying to tip the scales in our favour for a change!

 

Elsinore

 

Hope we eventually do tip the scales in our favour and things do change.

 

[jadest]

Sorry for all the questions but whilest collating all info for my case I realised I have lost my contract with the bank does this matter? If it does how can I get a copy?

[jadest]

Sorry for all the questions but whilest collating all info for my case I realised I have lost my contract with the bank does this matter? If it does how can I get a copy?

 

Please help!!!

:???:

[mb7533]

Hi Jadest,

 

I'm also waiting for a reply from Lloyds and from my calculations their time is up on Wed 6th September. I've heard absolutely nothing since they acknowledged the claim.

 

I am sure I read somewhere on Moneyclaim that if the final day to respond falls on a pulic holiday or weekend then they have the next working day to respond still. You may want to check this in the tutorial though as I'm not certain.

 

Will be keeping a close eye on your thread over the next few days and crossing my fingers (and toes) for you.

 

Matt

[livelylad]

no it does not matter to much. you can ask the bank for another copy. also they will have to provide it as its there basis for a defence even though they dont have a defence!!! in the end you will get your cash back. i have got cash back from Virgin, RBS visa&mastercard, Tesco and Capital One(part amount MCOL for the rest)

 

if i have helped please click the scales in the top right corner:)

[elsinore]

Sorry for all the questions but whilest collating all info for my case I realised I have lost my contract with the bank does this matter? If it does how can I get a copy?

 

I really don't think it matters. If the worst came to the worst and you found yourself going to court you could ask the sols for a copy.

If you are very bothered about it, you could ask LTSB to send you a copy. You might have to do it as a CCA request, but if you ring LTSB and ask them, they will tell you.

 

Elsinore

[jadest]

Thanks to all of you. You have been really helpfull and supportive think I would have never been able to carry on with my claim without this fantastic sight and the great people on it...Thanks again

[jadest]

Hi Jadest,

 

I'm also waiting for a reply from Lloyds and from my calculations their time is up on Wed 6th September. I've heard absolutely nothing since they acknowledged the claim.

 

I am sure I read somewhere on Moneyclaim that if the final day to respond falls on a pulic holiday or weekend then they have the next working day to respond still. You may want to check this in the tutorial though as I'm not certain.

 

Will be keeping a close eye on your thread over the next few days and crossing my fingers (and toes) for you.

 

Matt

 

 

Hi Matt thanks for kind word... hope all goes well for you too... keep me informed

[jadest]

still waiting. no defence gone in as yet... fingers and toes crossed

[jadest]

Just went on to money it says defence submitted can't continue on line...wishfull thinking over...

[elsinore]

B****ards aren't they?!! Playing fast and loose with the law and the court system should be an imprisonable offence.

 

Elsinore

[Zedwoo]

Not long to go Jadest, I'm at exactly the same stage as you ( defence today) good luck. we can work together on this.

[Hamwise]

My dates are exactly the same, and they have so far failed to enter a defence... I have asked a question re the issue of applying for judgment in my own thread as I am sweating it big time!

 

The status on my claim is still showing as acknowledged...

 

I would suggest you take a look at Reloads thread, and consider calling the lawyers to see if that can speed the process along. I know it worked or Reload and antoher member.

[jadest]

My dates are exactly the same, and they have so far failed to enter a defence... I have asked a question re the issue of applying for judgment in my own thread as I am sweating it big time!

 

The status on my claim is still showing as acknowledged...

 

I would suggest you take a look at Reloads thread, and consider calling the lawyers to see if that can speed the process along. I know it worked or Reload and antoher member.

 

Have you heard any-thing yet.... I would file judgement if I was you!!

[jadest]

Not long to go Jadest, I'm at exactly the same stage as you ( defence today) good luck. we can work together on this.

 

Good luck to you too!!! and to all on the site,

[jadest]

My Alication questionaire arrived today with lloyds defence. This is there defence:

 

1. The Defendant Lloyds TSB Bank plc (the bank is a Bank whose registered office iis 25 Gresham Street, London, EC2V 7HN). It is admitted that the claimant has been a customer of the bank at all material times.

 

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to chanrge for those services. At account opening a customer is provided with detials of the the Bank's charges, currently in a leaflet guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, not with standing that they are an expence to the bank. Such service presently include, but are not limited to providing,

-cheques

-bank statements

-the facility to make payments by direct debit and standing order

-debit cards

ATM's (cash machines).

 

3. By maintaining the account in credit, or within any limit agreed with the bank the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the bank's own funds. if the bank makes the payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. on page 1 of the leaflet, the Bank explains that there are no charges for every day banking at Lloyds TSB when your account is in credit.

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn with out an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.

If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go ahead?

 

4.There is no breach of contract; the charge can therefore not be a penalty, consequently there is no requirement that the charge be a pre-estimate of the bank's loss.

 

5. the customer is given advance warning of the charges being imposed; statements show the charges, if any, the customerhas incurredduring the course of a month. and which will appear as debits on the following months statement. Customers are warned by letter when they go overdrawn or over there agreed limit with out arrangement with the bank. if the customer fails to remedy the possition; and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

 

6. The Charges ar fair and resonable, and it is denied that they are unlawful.

 

7. The customer is notified of the charges in plain intelligible langauge at the conclusio of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the cusomer for a service provided by the bank, and pusuant to regulation 6 of the unfair Terms in Consumer Contracts Regulations 1999, are not subject to the asessment of fairness.

 

8. In the premises:

8.1 the charges are for banking services, and are not damages nor penaly;

8.2 the bank is entitled by contract to impose the charges, which are fair and reasonable;

8.3 it is denied that the charges are unlaw or contravene any statute or regulation.

9. The Claimant's claim is denied in its entirety. it is further denied that the claimant is entitled to the sum claimed or to any sum from the bank.

 

 

 

Wish I understood all that and what to say in return... I am completely flumexed

 

[jadest]

Please Help!!! is there anyway I can print oout my alication questionaire as my writing is terrible?