RedDeath v LloydsTSB

[progenic7]

zoot,

 

as much as i feel honoured when you respond to a post of mine, you cant just say that and leave.

 

please expand on this, in what way, how could you do yourself alot of damage ?

 

would the judge not just simply dismiss it if he/she felt it wasnt a correct course of action, or may the judge simply dismiss the claim ?

[zootscoot]

A claim for damages will invariably fast track the claim and if the claim is struck out or you later decide to withdraw the claim or pursue it to court and lose you are liable for their legal fees which can be substantial.

[RedDeath]

Progenic.

I think you may need to distinguish between consequential losses and damages.

I am claiming for the consequential losses due to the charges. Basically the interest on 2 loans that I had to take out to cover the charges. My arguement remains the same, had they only charged £3 (true costs?) then I would have had more money to repay other financial comittments.

 

Just from your signature I see you have a few claims all with damages happening at the same time...it may be hard to prove the actual damages you incurred if the total claim amount is quite small.

[progenic7]

red,

 

firstly was wondering how you know £3 was the actual cost ?

 

and rest assured i fully understand the difference between consequential losses and damages.

 

The claims i have coming towards litigation at present are all fairly different types of claims (as in approach), and i wont be bringing them all at the same time (as much as my sig claims). these claims are now basically ready to proceed to court with, thoug i will probably bring them two at a time.

Luckily i have a dad thats a law lecturer (specialising in contract law and tort) and a business partner thats a solicitor, so between i get a good share of advice and ofcourse my dad wouldnt let me do anything silly.

 

I do not want to give away too many of my arguments at this stage, but my technique is a combination of the standard and some new stuff to cag, and hopefully if i succeed with them i will reveal all. (incidentially one of these claims has just been settled, based on my terms before litigation even started)

 

I understand the risks involved in fast and multi track, and in many ways the money doesnt bother me, its more a point of principle. (and fun )

 

i'll keep you posted as and when i know anything, best of lcuk and sorry to highjack your thread somewhat

 

Johnny

[caro]

Progenic I think £3 is more than generous. If you follow the link to the Whistleblower programme in my sig I think you'll find it is actually £2 maximum, and in reality probably £1.20. Different bank, but costs likely to be similar in my opinion.

[zootscoot]

I am claiming for the consequential losses due to the charges. Basically the interest on 2 loans that I had to take out to cover the charges.

 

Were the loans taken out with the bank you are claiming from?

[progenic7]

Progenic I think £3 is more than generous. If you follow the link to the Whistleblower programme in my sig I think you'll find it is actually £2 maximum, and in reality probably £1.20. Different bank, but costs likely to be similar in my opinion.

 

 

caro

 

thanks yeah i watched whistleblower with interest and fully share your thoughts on this, i was however just asking to see if any concrete proof had arose on this particular bank thats all, as in court i would prefer to use fact.

But i think we all know what the true costs are, £3 is actually very high, based on the fact Syn was basing the estimate of humans doing the work, but in reality its all done by computers, whether i can prove that is a different matter though.

[RedDeath]

Were the loans taken out with the bank you are claiming from?

 

No, the loans were not taken out from the same bank.

I was defaulted in March 2002 on 2 accounts, this in turn killed my credit record. I am arguing that had the bank charged the real £2-£3 that they are entitled to then I would have been able to keep up the repayments as the bank had taken £500 in 3 months prior to the defaults.

 

In turn the defaults meant that when I needed to borrow money for a car this was done at higher interest rates due to my credit rating. So I am arguing 10% consequential losses on the lifetime of the new loand. 20% that I paid compared to 10% I should have been able to get from a normal lender if the defaults hadn't occurred.

 

The 2nd loan was because i had been hammered to the tune of £1800 in bank charges over 6 months. Again, same logic, but for this loan i am claiming back the full amount.

 

All in all it is coming to around £8000. I am also considering adding further consequential damages for the state my credit record is in at the moment, but I am still not 100% sure on this one and how to quantify it.

[zootscoot]

You can not claim consequential losses in restitutionary claims. Restitution looks at the gain of the defendant and not the loss of the claimant.

[RedDeath]

You can not claim consequential losses in restitutionary claims. Restitution looks at the gain of the defendant and not the loss of the claimant.

 

Now I am totally lost....so I claim for damages then?

[RCR50]

Reddeath hi

 

Just a quickie to say that your private mail inbox is full and you cannot accept any more until you make some space......

 

Best wishes........sorry - I tried to quickly pm you.