Larssonn V Lloyds TSB Scotland

[larssonn]

Hi guys

 

Very interesting reading on this forum. I see that the banks have changed their strategy a bit from a few months ago and would like a few pointers on what to expect.

 

I am due in court this Monday coming (23rd Oct 2006) and have not received a defence acknowledgement from the bank - only a copy of the fax sent to the court last minute. I haven't had any letters, emails or calls from them and therefore expect to be in court.

 

My main concerns are:

• Will they use certain tactics to get the claim thrown out, and if so, what things should I be aware of?
  
• Should I have all correspondence ready to be taken down to court or will this be a simple 'prelim' type of hearing to arrange a proper date?
  
• I remember reading somewhere about bank charge leaflets and should I go to the bank for a copy to take to the court, or is there an online version?

As a footnote, I have been informed by someone making a claim that the judges in Dundee Sherrif Court are in debate over the Lloyds TSB claim that any claims being initiaited in Dundee should be done in Edinburgh as the registered office is in Edinburgh. They will have a decision today (20 Oct 2006). Another delay tactic by the fat cats.

Thanks for all help

[reidnet]

I had a Claim with Lloyds TSB through Dundee Sheriff Court..was due on Monday 23rd October too 0930Hrs..Havnt heard anything about Dundee Sheriff's transferring cases to Edinburgh..Im going in this week to stick anither claim in against Lloyds TSB ..so I will ask the Clerk when Im in.

 

I would check your bank account online if you can..They Paid me in Full Yesterday Afternoon. :D . Got a call from some Plonker in Brighton , Legal guy for Lloyds telling me that they had settled..Did't like to tell him..Mmmm I know and Ive shifted it other account..lol

 

http://www.consumeractiongroup.co.uk/forum/scotland/38902-reid-lloyds-tsb.html

[Piggy bank]

Hej Larsson;)

 

I wouldn't worry about this transferring business, if it is the same issue I ran into: I had a similar issue where I put my claim in in Edinburgh Sheriff Court against Clydesdale based in Glasgow.

 

At first this caused a delay because the clerks and the sheriff wanted to check if they actually had jurisdiction in such a case and whether I would have to put my claim in Glasgow.

 

Apparently, they are not completely clued up on some of the jurisprudence, so I gave them some additional information about the matter of jurisdiction, printed out from the Govan Law centre website. The link for this information is here: Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK

 

Bottom line is: as a consumer you have the right to pursue the bank in your place of domicile, so if you stay in Dundee but your bank is based in Edinburgh, you should stll be able to file your claim in Dundee.

 

After the people at Dundee court have worked this out, the case should go ahead as usual. In my case, this caused a couple of weeks delay before they acknowledged this and put the case on the schedule and set a date.

 

You might be able to speed things up as well by supplying them the legal information confirming that you should be able to raise an action in Dundee.

[larssonn]

Hi guys

 

Thanks for the responses. I had a call from the bank late Friday afternoon saying that they had settled. I told them I would send a dismissal notice to the court once I was satisfied the amount was correct - which is was.

 

As for the jurisdiction debate at the court, I will print off the GLC notes and do 2 versions of the 1B form - 1 for Dundee and the other for Edinburgh.

 

Good to get some real life advice as it keeps you sane!

[reidnet]

Well done m8 Looks like Lloyds TSB made a few panic calls on Friday Afternoon..lol Well with bit of luck second claim might be quicker.. Im going down to put it in tomorrow..but its smaller one..lol

 

Ian

[HRB]

Piggy Bank.

I have hit the Clydesdale with 7 small claims, all covering different periods and they have intimated that will defend them " craves the court to conjoin the actions and remit the conjoined action to the Ordinary Roll under Rule 15(1) of the Small Claims Rules 2002"

What does the "Ordinary Roll " mean and has anybody had experience of the request to transfer to another court ?

I have brought the claims to court in the town in which I reside and in which the bank branch in question is located. and I assume thet this is the correct location, in fact this was confirmed by the court officer who accepted the claims paperwork originally.

I presume from this that they want to lump the claims together but Rule 15(1) specifically talks about "Transfer to another Court"

Does anyone have experience of this reaction to claims?

HRB

[scottishpol]

Piggy Bank.

I have hit the Clydesdale with 7 small claims, all covering different periods and they have intimated that will defend them " craves the court to conjoin the actions and remit the conjoined action to the Ordinary Roll under Rule 15(1) of the Small Claims Rules 2002"

What does the "Ordinary Roll " mean and has anybody had experience of the request to transfer to another court ?

I have brought the claims to court in the town in which I reside and in which the bank branch in question is located. and I assume thet this is the correct location, in fact this was confirmed by the court officer who accepted the claims paperwork originally.

I presume from this that they want to lump the claims together but Rule 15(1) specifically talks about "Transfer to another Court"

Does anyone have experience of this reaction to claims?

HRB

 

Did you file all seven claims at once?, if so , this is the reason for them requesting a conjoined action.

I think they are referring to act of sederunt(Ordinary Cause) , have a look on the scottish courts website. It explains all the actions there.

Ordinary Cause Rules

[Robertxc]

HRB, filing all seven at once was a big mistake. We advise people never to do this. Clydesdale will go to court and have them all joined into one, which will take you out of small claims.

[HRB]

Very interesting day in Court today. I am concerned about discussing, over this very public forum, the results of todays court hearing and my tactics for the next round. Presumably our opponents have a good look around this site to see what is happening from our side.

Let it be said that I was pleased with todays outcome and would be happy to discuss details by direct e-mail etc.

Once the outcome is known, I would be more than happy to have the story told over the site to assist others in their quest for satisfaction.

Do you want to have a quick private update ? I am not sure we can do this within this site??

HRB

[Robertxc]

You can PM me if you like - it will be in confidence.

[HRB]

Whats a PM and how do you do it ??

HRB

[Robertxc]

Click on my username, and then click on 'Send personal message'