A Couple Of Queries ***WON!!!!!!***

[BARTY]

Congratulations!! :D

Barty:)

[curlychic]

CONGRATULATIONS

:D

[Laura Cooke]

Thanks so much for the posts I really was on the point of giving up for my health`s sake I have never had any connection with anything like this before and I found it very difficult and draining, I really would not have got anywhere near without GuidoT and Gary, Barty and a few others who i have not heard from in a while a big thankyou to you all I am very grateful

[d1cky]

well done laura glad too hear that u have finally got ur success, was jus wondering if they settled b 4 or after u sent ur court bundle to them?

[GuidoT]

Before.

[Laura Cooke]

What date can you enter on when the bank have to pay up on the wasted time application

 

No idea what to claim for no indications given anywhere and how much time apart from printing time and rearranging letters/forms no idea no idea how much time can`t possibly guess how much time been spent

 

No idea how to fill in a spreadsheet and how many of these have to send in with won cases

 

As per usual stuck and baffled think I`d manage with the draft order if I knew what time scale i have to put in to allow bank to pay up and where I can print this form off from, is that the draft order template in Garys link?

[curlychic]

Have a look at this thread. Post 298.

 

It seems abit hit and miss at the moment as some judges are going with the wasted costs order and some are not.

 

But what have we got to loose eh.

 

Personally speaking i am going to keep my request on the lower side. It seems they are the ones the Judges are pushing for.

 

Anyway, heres the link. I will also PM you the letter i have drawn up for my costs if you like. Obviously every claim is different though with time spent and how far it went etc. I didnt get as far as having to put together court bundles thankfully.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/26172-mindzai-lucid-lloyds-tsb.html

 

Hope it helps, if so please click the scales

 

xXxXx

[curlychic]

Have you seen these ?

 

 

Banks accused of 'mugging' customers over charges | the Daily Mail

 

BBC NEWS | Business | Judge attacks 'time-wasting' bank

 

XxXxX

[curlychic]

Have just PM'd you

XxXxX

[Laura Cooke]

The 298 posting is of great help though I doubt I have receipts for anything other than the recorded delivery slips attatched to paper work, thanks curlychick

[Laura Cooke]

Can`t find any link to any posts of succesful claims of time wasting by the banks? been looking most of afternoon

[photoman]

Here you go:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=481&d=1178308753

 

You'll also find this thread useful, it's an Ato Z of everything bon site to easily find stuff.

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

[curlychic]

Can`t find any link to any posts of succesful claims of time wasting by the banks? been looking most of afternoon

 

How about this one....

 

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/8428-my-mother-lloyds-tsb.html

 

And here is the news article to follow it up

 

Lloyds told to pay full costs | This is Money

 

XxXxX

[Laura Cooke]

Thanks Photoman & Curlychick really appreciate it

[Laura Cooke]

Have tried to open up link to thread 52 of fitsw6 left by Barty but their seems to be a problem?

[curlychic]

I think that link has been superceeded by

Bankfodders 'wasted costs link. It was a link to the

template letter.

XxXxX

[BARTY]

Hi

That is a letter for sending to the Court to notify them that the claim has been settled, but if you look at the bottom of the post, Gary is recommending you send a different letter now, this link should work:

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

 

Barty:)

[photoman]

Laura,

You sent me a PM.

I can't respond to it because you mailbox is now full. You need to empty it.

You can either just go through your messages and delete the ones you don't want to create some space, or simply click the select all button at the top and then choose the download option. You then download them all as text onto a folder on your own PC to keep, even when not on the web. Then delete the ones from your mailbox online.

Anyway, in response to your question.

You don't ned the names of the cases. Just the Court reference numbers will do, the judge can look up cases if he wants from them.

ill in the template that was posted earlier on your thread, and (after taking out any identifiable info, such as Account numbers etc), post it here on your thread for ideas and opinions.

Best regards

[Laura Cooke]

Do I print every one of these cases off?

[photoman]

Do I print every one of these cases off?

 

You could just print off the list of cases relevent to your Bank if you wish.

[Laura Cooke]

Thank goodness I got my claim in with TSB read in paper today they went to court with one case and have won the first round, knew it would only be a matter of time they really are ruthless TSB

[Laura Cooke]

Gary recommended sending an aplication for costs letter instead of the non compliance one after the bank has settled a link was given but I cannot see a letter to enclose to the court? how is it worded and where is there a copy for me to see

[photoman]

Gary recommended sending an aplication for costs letter instead of the non compliance one after the bank has settled a link was given but I cannot see a letter to enclose to the court? how is it worded and where is there a copy for me to see

 

Quote:

 

Your address

The Court Manager

xxxxxxx County Court

Court address

and postcode

13th February 2007

 

Dear Sir/Madam

 

Case name and number

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £xxxxx.xx.

 

As such, no further action is necessary in respect of this claim.

 

However, I believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because I believe the Defendant had no intention of ever defending this claim at a hearing.

 

I also enclose a list of all cases of which I am aware in which XXthe bankXX was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant.

 

Further, in relation to my claim, the Defendant failed to file any documents to the court, breaching the orders made by District Judge name of judge on dd mmmmm 200X. Again this is typical of the Defendant’s approach in other cases of which I am aware.

 

The Defendant’s unreasonable approach in defending a claim it always intended to settle has directly incurred myself unnecessary costs as outlined in the attached list of costs, and therefore I respectfully request that the Court consider awarding these costs, or such costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):

 

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored. A copy of this letter, with attachments, has been sent to the Defendant.

 

 

 

 

Yours faithfully,

 

 

 

Your name and signature

 

...

 

 

Red- fill in your own details

 

Purple - If the defendant failed to submit a bundle then insert this paragraph which helps to demonstrate the defendant's unreasonableness and lack of intent

Make a schedule of your costs incurred.

 

Include any court costs or legal fees if they were not settled at the time of the rest of your case.

Include all other reasonable costs,

Post anything on here if your not sure if you can claim them.

 

Were you asking about possability of claimin for your wasted time also?

 

If so, confirm this is what you meant by your last post, and i guess GAry will be along soon.

[Laura Cooke]

Yes I want to claim for time wasted and do I send all that documentation with the above letter?

 

Can we moan about the bank having not sent the court bundle when we didn`t either as they paid money into account just as we were sending our bundle that by all accounts was around 270 sheets alone, mind you GuidoT printed them off bless him, all told god knows how many sheets are to be accounted for loads what have been printed off, no ones even mentioned the ink used, what do you think is a reasonable amount of time spent on it all?

[Laura Cooke]

The post at 198 shows letter template which I have done is this regarded as the letter you send after settlement?

 

Still need confirmation what to put on the Draft, under the defendants name what date is entered there by me is it the date i send the letter which will be tomorrow and I presume I put tomorrows date at the bottom of it?

 

What attachments do I send with the letter to the bank?

 

Lastly does all this have to be took to the court or sent?

 

REPLIES PLEASE TODAY AS SEEING TO IT ALL TOMORROW