Blue 2363 v Lloyds TSB

[blue2363]

Hi another newbie to this forum. About to start court proceedings against Lloyds. Bit unsure of stuff :-? but this site is excellent in guiding you through. Good to see that others are fobbed off by the usual letters form one department and another, makes you more determined to keep on going and that its all part of the merry-go-round.

[ukaviator]

Hello Blue and welcome

Before you start please have a thorough read of the FAQs (there’s a Step by Step guide here too). You should print both of these out to refer to, so as to avoid having to ask basic questions later. Our aim is to make you aware of your rights as a consumer, enabling you to fight back against unlawful bank, credit and store card charges. In the website you will find information on how you could get your money back

 

Then look at other threads in your bank’s forum, so as you know what you can expect to happen. You can claim back your charges, and a few are trying for the payback of Early Redemption Charges on loans and Mortgages.

You need to spend 2 or 3 days gradually getting your head round everything. If you find a forum/thread/post of interest, save it in your Favourites, so as you can always find it easily.

 

There’s a lot to take in, but it’s time well spent and will ensure that you succeed in your claim without problems. Remember it’s not a race, don’t rush, just follow the guidelines one step at a time.

 

Take your time and have a good read around this site. Then come and join us in our forum. Here we can guide you every step of the way. Please remember, we are here to help you help your self.

 

When you feel confident that you understand the process and the various stages involved, start a new thread in your bank’s forum and post your progress and any questions there and you’ll get plenty of help.

If you any questions please do come to the forum and we will only be too happy to help you!

Please also understand that any advice that you receive is normally based on experience and expert advice should be sought if needed.

 

All the info to get you started is here:

http://www.consumeractiongroup.co.uk...se-read-these/

There are more links below to assist you get around the site.

 

Good luck

Ukaviator

 

[blue2363]

Unfortunatlely dont know if I've messed up or not. Looked at so many sites and found this site one on the Moneysavingexpert site. Until now I was following the advice on that site and used the templates there. I am now in disarray as I took the option of claiming 8% Interest on top of the charges and added them in my preliminary letter before action and now I've read that I shouldn't have done this. Have already sent my letter before action and am at the point of starting court proceedings. Now I'm in a panic. Dont know what to do about interest claimed or how to continue:-?

 

Wish I had found this site at the beginning.

SAR - 16/11/06

Statements rec -8/12/06

Preliminary letter-3/1/07

Reply-15/1/07

Fobbed off-18/1/07

Letter before action sent-19/1/07

[bennyowen]

Blue2363,

Do not worry. Since you have sent your letter before action, the bank has a choice to refund the total amount without the interest. At that stage, it will be up to you to decide whether you want to accept only the amount without the interest. When they refund the amount in full, you can accept the money and conclude the matter without going to court. In court, you can claim interest at 8%.

 

However, most banks do not settle until the matter gets to court anyway. You have not spoilt anything. Just make sure that you stick to your timetable. The Bank may respond to say that they are investigating and that they will provide you with better response in 4 weeks or so. But make sure you stick to your own timetable because the banks are introducing numerous delay tactics.

 

Read FAQ pages to increase your knowledge of the court, specifically MCOL.

 

Good luck

[blue2363]

On my claim form I have the question-Do you want to reserve the right to claim interest? Do I answer yes to that. Think I do but just checking.

 

[BARTY]

Hi

It's yes.

Barty:)

[blue2363]

Thanks Barty I'll post an update soon but for now fight the good fight!!

[Runner22]

Good Luck with your claim

[blue2363]

Having filed a claim against Lloyds 1/2/07 I have now been issued with an Acknowledgement of Service 8/2/07 allowing the Defendant 28 days to file a defence. Do I now wait for Lloyds to send an AQ form? Meanwhile I have recieved a letter from Lloyds 7/2/07 offering me Ex Gratia payments to the value of £105, £80, £40 respectively for the three accounts that I am claiming on. Although, as usual they accept no responsibility and have suggested that if I am not happy with this decision as it is their final response that I should refer my complaint to the FOS. Is this normal and what do I do with the cheques when recieved.

[BARTY]

Hi

The link below should help you regarding your "goodwill" payments:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Right, LTSB should enter a defence within 28 days, you should receive a copy of this and the Courts will send you an AQ to fill in. Have a look at the links below to help you with the AQ:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Good luck, if you have any more questions, please ask.

Barty

[blue2363]

Thank you Barty, have now sent off my AQ and today have received a Notice of directions. The letter states that the Directions will take place on 21st May at 10.30 and that I should attend. It also states that the case may be released to another judge, possibly at a different court. Is this usual?

 

Am about to start preparing my court bundle, have read threads advising that I don't need to take anything to the Directions hearing is this right? What do I do now? Getting a bit nervous now and don't want to mess up at this stage.

[Michael Browne]

See here:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[blue2363]

Thanks Micheal will read through and get my head round it all.:o

[blue2363]

Has anybody else been sent a Notice of Directions hearing date. Mine is for Plymouth County Court 21st May. Looked through the site so much but can't seem to find anybody having been sent one of these. Don't know whether I've done something wrong along the way and thats why I have a Directions hearing.

[BARTY]

Hi

You have done nothing wrong, take a look at this link:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Barty:)

[blue2363]

Have started my basic court bundle just in case it is needed at my Directions Hearing (Plymouth CC 21st May). Just wanted to know if I need to put in a Witness Statement and if anybody could point me in the right direction as to it's contents. Am finding it really tough now as my court date gets nearer I really feel unprepared. Surely you need to have a law degree to even begin to understand all the jargon. Feel totally out of my depth as I trawl through page after page. I think my head might burst:eek:

[blue2363]

Have got a directions hearing on Monday 21st. Getting very nervous now, just wanted to clarify a few things. Although it's a directions hearing I have prepared a basic court bundle. It includes:-

Correspondence

Latest schedule of charges

Satements

Relevant case law summary

Early day motion from the house of parliament

Dunlop v New Garage

UTCCR 1999

UCTA 1977

SOGA 1982

OFT Statement Summary

Other Evidence-including Mcnamara interview, list of concluded cases, Martin Orton Letter, Business banking standard charges list, and other charges list. Is there anything else that needs to go in? oh yes and I'm preparing my witness statement at the moment to include also.

 

Could really do with some support now cos I feel way over my head with all the legal jargon.

[GaryH]

Blue,

 

I got your PM. Sorry about the delay.

 

Can you explain further please - why exactly do you need to amend your claim?

 

Give me as many details as possible and I'll try to help.

[nicsussex]

Notice you have included in your basic bundle 'Business Banking Standard Charges List' - does this mean that this is a claim on a business account?

[GaryH]

Well spotted.

 

If so, that may be the reason why you've been told to amend then.....

[nicsussex]

Also see that this case is being heard in Plymouth is this not right in Foot Ansteys back yard?

[nicsussex]

Come on Blue - need some more info here!