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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mindzai & Lucid vs Lloyds TSB ***WON UNCONDITIONALLY WITH CONTRACTUAL INTEREST***


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Hi Neil,

 

I'm not entirely sure which deadline you're referring to. We haven't heard anything from SC&M RE the court bundle non-compliance letter we sent them, and yesterday we sent the second letter to the court with a copy of the original letter enclosed. Haven't heard anything on it yet though - and I doubt we will.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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I understood there was a second deadline [7 days] you had given them after the 22nd deadline given by the judge, if they have not and you have cc 'd the court with copy correspondence you might try a letter to the judge asking the defence case to be struck out for non complaince and abuse of court time.

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Hi Neil,

 

Good, I guessed the right deadline you were referring to. :D

 

Yes we sent the second letter to the Judge at the court yesterday asking for exactly what you've put. It was the second template letter from GaryH's SC&M Bundle Non-Compliance thread. But I'm not expecting to necessarily hear anything back as our hearing sate is only Wednesday next week. Not long at all. I've seen a couple of people with hearings scheduled for the beginning of next week who have had theirs settled, so we're keeping a close eye on the online banking. ;)

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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Memnoch - I've just remembered you wanted copies of those letters - sorry about that it completely slipped my mind. I've got most of the stuff scanned, i'll do the last couple tonight and get them emailed to you.

 

When you are free to send them Mindzai, I am at least a month off doing the court claim thing anyhow.

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Are you claiming BOTH statutory AND contractual interest?

 

No, you can't claim both.

 

I am not sure I agree with that Mindzai, having been reading other peoples posts it seems that there are some financial organisations that have bowed to pressure and have paid out on both.

 

Angry Cat seems to be our first winner of both Contractual and Statuary interest.:eek:

 

Well done Cat !!!

 

 

Read the full story ---> Here

 

 

I have asked for Cat to provide Court claim details as this victory may set a precedent for future claims !!! :-D

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I have asked for Cat to provide Court claim details as this victory may set a precedent for future claims !!! :-D

 

Just FYI, precedent can't be set in a County Court - has to be a higher court than CC.

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

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What I mean is, you shouldn't claim both. If you can get away with it I'd say you are lucky because they could easily argue against it in court. I suppose it shows just how unwilling they are to go before a judge though!

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Hi everyone,

 

Just a quick update to say that we received a letter from the court today in response to the second SC&M court bundle non-compliace thread:

 

Thank you for your letter dated 30th January.

 

It is too close not to the hearing for the Court to make any order that would not neccessitate an adjourment. The District Judge will take into account at the hearing any failure by a Party in complying with Directions and the prejudice that may have on the other party.

 

If at any stage prior to the hearing next week you reach settlement please kindly inform the Court immediately.

We're keeping a check on ou accounts and no settlement yet.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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Hi everyone - I've got a good update. :D

 

Checked my sole account balance again this evening to see that H OFF-FINANCE(AG7) have paid in £683.57! At today's date the total owed to me with interest is £749.62. So I've just been doing some working out and I have come to the following conclusion on what they have paid:

 

Total charges of £380 and overdraft interest of £72.03

Court costs of £80

Letter writing costs of £6

29.85% contractual (compounded) interest up until the date I filed the claim of £140.55

 

This makes a total of £678.58. Then they have very randomly awarded me 10.32 days interest at the daily rate of £0.48 which makes £4.99. :rolleyes: So as of today's date they still owe me £66.05.

 

I've been through all of the options and they definitely have awarded intreest at the unauthorised rate. So it looks as though I am going to be phoning them tomorrow (if they're open) or on Monday to accept it as partial settlement and to get the rest of my money. It's very almost over for my sole account though. Unfortunately the majority of their payment has been swallowed up by a £609.69 overdraft but at least it no longer exists. :D

 

Still nothing on Mindzai's sole account or the joint account. We will keep checking over the weekend. I wasn't expecting it though as my account was the only one not to receive a settlement offer. We're not going to be celebrating yet - not until all of our money for every account returned, but it certainly looks promising.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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EXCELLENT NEWS...I've just done a mini-mexican wave for you....that's so good to hear, you are FINALLY getting nearer to the end of this :)

Crash

 

 

 

 

DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91

 

Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks Crash! :-D

 

Not quite there but almost. I need to start preparing myself to be tough with them on the phone tomorrow/Monday. I don't know how argumentative they'll be but hopefully they will budge.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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YAY!! Well done! .... don't wanna shout just yet :D

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Excellent, well done Lucid! A good start and I should think the others will follow not too far behind.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Great news Lucid well done :D

LTSB -claiming back WON!!!

 

Mint credit card - WON!!!

 

Morgan Stanley credit card - WON!!!

 

LTSB credit card - MCOL issued WON!!

 

Barclaycard - MCOL issued for balance of partial refund 200.00

 

Gorvins Solicitors - WON!!!

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Thanks Crash! :-D

 

Not quite there but almost. I need to start preparing myself to be tough with them on the phone tomorrow/Monday. I don't know how argumentative they'll be but hopefully they will budge.

 

Lucid :)

 

Don't forget, it's they who have to persuade you to accept their offer, not you who has to persuade them.

 

If you let them have their say, then simply say quietly, calmly and confidently "I disagree, I prefer my figure as set out in the claim", it will put them under *enormous* pressure. They will wait for you to say more; but don't, because you have nothing more to say.

 

Silence is a *very* tough way to negotiate.

 

Ultimately, they have a choice: pay what you have claimed, put forward some argument that persuades you to accept less, or see you in court.

 

And if they do put forward something you are prepared to accept, instruct them to get it to you in writing by Tuesday - the day before the court hearing. Tell them you will not be at home to receive mail on the day of the court hearing, so if you have not received the mail by Tuesday, you will have to go to court on Wednesday. (It's OK for them, they get the mail when they are at work. But you don't!)

 

Don't worry about the time pressure on them; they're big tough lawyers, they can handle it. Anyway, a motorcycle courier to get the letter to you will only cost them £30 ... which they will pay without noticing!

 

Tim

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Hi everyone,

 

Thanks for all of your comments so far. :)

 

I've just tried phoning SC&M and unfortunately they are only open Mon-Fri 9-5pm. So I am going to have a very quick conversation with them when I get in from work on Monday afternoon before I have to go back out again.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

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. So I am going to have a very quick conversation with them when I get in from work on Monday afternoon before I have to go back out again.

 

Lucid :)

 

 

Aww can I listen! ;)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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I’ll have to let Lucid fully update on the phone call as I have only briefly spoken to her, but it seems that Lloyds are sticking with the rudeness and unpleasantness right to the end. Not that I would expect anything else from them. And rather cheekily, they have also written to the court to say they have settled in full! Luckily the court said that they pay no attention until they hear it from the claimant.

 

However I do have some better news in that Lloyds have credited my account and our joint account with settlements! :D :D :D These are £552.98 for my sole account and 1876.44 for our joint account. Although I don’t have my spreadsheets in front of me to check, it seems as though once again they have failed to pay the daily interest since the claim was filed however, or rather they haven’t paid all of it.

 

However, they have paid contractual interest at 29.85% without arguing at all!

 

As of today, it has been 146 days since we filed these claims, and the daily rate is 39p for my sole account and £1.30 for my joint, so they owe £56.94 and £189.80 respectively. They have refunded £552.98 for my sole account and 1876.44 for our joint, so they still owe £40.32 and £136.70.

 

Looks like I will also be phoning them tomorrow, and I have to say I’m quite looking forward to speaking to this rude woman!

 

Updates to follow! :D

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Yay congrats Mindzai an Lucid.

 

Hope to take Lloyds TSB to court soon for my contractual interest.

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Brilliant news!:D Very, very well done to both of you - its been a long old slog but oh so worth it in the end!

 

Congratulations M&L, enjoy your moment of glory!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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More fab news then .. it just gets better .... well done! :)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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