Golfscape vs Lloyds TSB

[golfscape]

Hi Allen

 

I had a look at your thread, thanks and good luck.

 

Im not as far advanced as you yet, my court bundle needs presenting by May 3rd, im pretty much following the recomendations on here plus doing some further research on contractual interest.

 

In terms of what wil be included in the bundle im going to lay my hands on and include anything that might support my arguments, I might end up focusing on only a couple of points but I want to keep as many avenues open as possible at this stage, it can only help when it comes to fighting my corner during the hearing and as more information becomes available.

 

Although I have to hand in docs by May 3rd ive until June 1st to research my CI arguments, I intend to make the best use of the time i can.

 

If I come up with anything helpful I will let you know.

[c_allen]

hi golfscape

by the way the names Carrie

 

i found reference to 2 cases [pm'd to you] which may be useful, on a thread here concerning C/I, and included them in my bundle. I was in a bit of a rush to do my bundle as i'd forgotten all about doing it [ fingers in to many pies] until 3 days before the bundle was due:eek: . stupid I know, but spilt milk and all that. not had chance to read enough to get to grips, but they should be useful [ I HOPE] or i'm going to look stupid in court. TO ANYONE READING THIS, 2 THINGS TO REMEMBER IF YOUR GOING FOR C/I,

A, DON'T, NO REALLY, DON'T ACCEPT PARTIAL PAYMENT,

B, DO YOUR RESEARCH LONG BEFORE YOUR BUNDLE'S DUE.

I know I should be a bit more bothered but they've already given me over than a grand more than they charged me, so nothing to lose really. and i was one of the first to try for C/I, and only went for it thinking i had a slim hope of getting it really.

OK sorry for shouting, but i'm probably going to lose my case because of this.

Anyway, i'm reading like mad trying to get a decent case together and i'll let you know if i come up with anything else

[GaryH]

Just out of interest, what are the cases you refer to?

[golfscape]

For the court bundle -

 

If your refering to another case for reference/argument purposes at the hearing how should it be cited?

 

Do i need to summerise what each case is about?

[GuidoT]

For examples of case citation see here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-5.html#post774761

[golfscape]

Many thanks Guido

[c_allen]

hi golfscape, did you get your bundle sorted and away on time? and have you received a bundle off them??

[golfscape]

Hi c allen

 

Bundle due to court this afternoon....cant beleive how much work is involved!

 

No nothing from them yet, wont be holding my breath.

 

Hey wernt you due in court yesterday? whats the story?

[c_allen]

have you sent a copy to lloyds?

no they folded last friday, thank god, i was sh*tting it,

if you don't receive anything today get the noncompliance letter of to court and a copy to them of course;) ASAP

[golfscape]

I was going to drop by the bank and see if Lloyds have an internal post system with SC&M or failing that I was going to record delivery it this afternoon.

[GuidoT]

Do not waste your time with any internal post system.

 

Send by recorded delivery.

[c_allen]

don't bother with the noncompliance letter then, as yours will be late as well, just be sure to send it asap:cool:

[golfscape]

Bundle with court in plenty of time, will be with SC&M recorded delivery first thing tomorrow, court were happy with that, in was in post before deadline anyway!

 

Missed that point, needed to be with court and the defendant before deadline so I really should have got my bundle out a couple of days ahead of deadline to allow for the post.

 

Hearings not for another 4 weeks so have plenty of time for Lloyds non compliance, thought id give them until early next week then issue letters, see how patient im becoming!

 

Sent bundle recorded as recommended, your right, id have been sick if it had gone missing in the Lloyds internal post!

[GaryH]

Hi Golf,

 

Which court is it, just out of interest?

[golfscape]

Hi GaryH

 

Bedford.....what were you thinking?

[GaryH]

Oh nothing. Nothing important anyway. Its just I saw an order simular to yours - regarding the defendant's witness statement - earlier on and did'nt know what court it was. Probably the same one then.

 

Cheers.

[golfscape]

Have just been told by the court that they have a letter from Lloyds saying that they have settled claim. (thats the first communication since their defence went in) They are claiming that the claim has been paid and consequently there is no need for them to attend court on Friday.

 

Creates an interesting? position which id be grateful for some advice on.

 

Yes, Lloyds made a payment directly into my account back in Feb but have refused to enter into any communication about it. They have never confirmed what it represents despite numerous letters and calls from me.

 

Problem is that the payment is lower than the amount claimed.

 

Whats the position likely to be in court?

 

Will Judge look at paperwork before him and determine whether the payment was sufficient?

 

If he decides payment is insufficient is he likely to order Lloyds to pay more?

 

Will this then lead to a further stay?

 

Anyone got any ideas on how I can strengthen my position, weaken Lloyds?

 

Cheers

 

 

 

 

 

 

 

 

 

 

 

It does not match

[GuidoT]

Write to the court setting down your position and copy in SCM - send by facsimile if possible. Turn up at the hearing on Friday and explain your position to the judge.

 

Double check that your charges schedule is correct and it is not you that has made a mistake.

[golfscape]

Thanks Guido

 

Ive been all over the calcs again and im sure im right. If i was to guess id say theyve used their own calcs provided with the SAR which were incomplete but since they wont talk to me I cant confirm this!

 

I will bang out a letter to the court for tomorrow and fax to SC&M.

 

Thanks for your help

[nicsussex]

As a matter of interest what is the difference in the amount claimed and the amount they have paid?

[golfscape]

Difference is just over £1k applying 8% s69 which is what I assume they included in the settlement but I dont really know, ive also claimed contractual at 18.2% diff £3k and 29.8% diff over £6k .

 

If they dont intend showing at court they must be confident the Judge will reject the contractual element of the claim but im well armed and intend giving it my best shot, ive been working toward this since last July!

 

I beleive theyve made it worse for themselves by settling short and then refusing to discuss the details. This might contribute to their undoing as the Judge is going to have to review the entire claim at the hearing and I cant see for the life of me how he can fail to come down on my side.

 

So Lloyds will be without representation at the hearing, sounds good to me