Innocent vs LLOYDS TSB CLASSIC CURRENT (CONTRACTUAL INTEREST)

[griffin9959]

I filed my AQ for 11/05/07, ain't heard anything yet. So, thought I'd give them to the end of this week, then call in on the court (I work nearby) on Monday.

 

Hope all's goin well with you.

 

~S~

Griffin

[innocent]

Hi again...

 

Thanks both for your continuing encouragement and support.... :D

 

 

Well, I'll phone the courts again, end of next week, if I have not heard...

 

Hopefully, they miss the 2nd aq deadline..... or

the district judge grants the draft order..... or

I'll get judgement without any stay.....

 

 

It feels good, with all the support and knowledge and experience of this site that it feels 'I am cutting off more and more of their avenue's of advancement'

 

Come on Lloyds...... roll over and surrender...... hehehe

 

 

Thanks

 

Innocent

[GuidoT]

Not sure exactly where you are with the AQ, but this may help:

 

'The last date for filing the Allocation Questionnaires was the x, the Claimant filed this document on the x, however it is understood that the Defendant has yet to file the same.

 

Accordingly, it is requested that the court issues directions to the effect that the Defence is struck out without further order and judgement entered for the Claimant, unless the Defendant issues the Allocation Questionnaire within 7 days.'

[PeterAnderson]

Innocent - Hi,

 

You wrote to me some time back - I thought I subscribed to your thread to be kept up to date; must have pressed the wrong button.

 

I am VERY interested in your case (mine is £11.5k+) as you have given the judge a few options re the possibility granting you CI or NOT, I like the idea of you giving the court options. There are a few here that are just going down the CI route with no other options and I have Gary's notes on this topic. As far as I can your POC is the best I have read so far.

 

Please let me know the outcome? I am only just at the LBA stage; my thread is here:-

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/92011-peteranderson-ltsb-11-5k.html

 

Best of luck

[innocent]

Thanks Guido..... this may proove EXTREMELY helpful....

 

 

I will wait until next week, and see what the dj has ordered, but I can feel a letter coming on

 

Innocent

 

Not sure exactly where you are with the AQ, but this may help:

 

'The last date for filing the Allocation Questionnaires was the x, the Claimant filed this document on the x, however it is understood that the Defendant has yet to file the same.

 

Accordingly, it is requested that the court issues directions to the effect that the Defence is struck out without further order and judgement entered for the Claimant, unless the Defendant issues the Allocation Questionnaire within 7 days.'

[innocent]

Thanks Peter.....

 

I am a little more nervous now of CI then I was a few months ago (but only a little); but I wanted, when I started to try and overcome any problem in the future if Lloyds offered me charges +8%? Normally, when this happens, it can be baffling what to do? Take it and loose out on CI? Or refuse and then look potentially disrespectful in court??? I wanted to give the judge options and show him (or her) respect; and not Lloyds....

 

I dunno? If people win by judgement, as some now are, then there is no need to argue CI in court, because it wont go that far?? As of the moment looks like Lloyds have forgotten me: no £750 offer, no AQ; they are probably snowed under, and [problem] are starting to make mistakes??

 

Anyway, thanks for your words aviout the POC, and you have my pondering again hehehehe

 

 

I will subscribe to your thread too

 

Cheers

 

Innocent ;-)

Innocent - Hi,

 

You wrote to me some time back - I thought I subscribed to your thread to be kept up to date; must have pressed the wrong button.

 

I am VERY interested in your case (mine is £11.5k+) as you have given the judge a few options re the possibility granting you CI or NOT, I like the idea of you giving the court options. There are a few here that are just going down the CI route with no other options and I have Gary's notes on this topic. As far as I can your POC is the best I have read so far.

 

Please let me know the outcome? I am only just at the LBA stage; my thread is here:-

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/92011-peteranderson-ltsb-11-5k.html

 

Best of luck

[griffin9959]

Hi Innocent,

 

Just lettting you know I've updated my thread with news similar to yours

 

~S~

Griffin

[Kazzie]

Hi Innocent

 

I'm in a similar situation to you. Lloyds didn't file AQ on time and the judge ordered that unless thay filed it by 21st May the defence should be struck out (the order was dated 8th May).

 

I rang the court on 22nd and they hadn't filed it (Hooray :grin: ...i think!)Court person told me my file would now go to the judge for a decision, and i'm hoping to hear from the court soon (i wouldn't say i was eager but i've been looking out of the bedroom window each morning just so i can see when the postmans van arrives!)

 

I'll keep my fingers crossed that yours goes the same way

[innocent]

Thanks Griffin, thanks Kazzie

 

Excellent news kazzie..... here's hoping

 

 

 

Keep us all informed

 

INNOCENT;)

[Gooders]

Innocent,

 

Firstly excellent thread and as I am just about to file my POC tomorrow your thread....and particularly POC has been an excellent help.

 

Having seen some the comments you have got about your POC I hope you dont mind if I use it as a template and borrow heavily from it:rolleyes: .

 

Anyway my proposed POC will be on my thread this afternoon and I wont be filling until pm tomorrow so if you do have objections (or even comments) I will make changes before filling.

 

Gooders

[innocent]

Thankyou very much Gooders

 

 

I think its fair to see that we are all a very effective team here and indeed my POC (in turn) was based on others I researched too

 

I will pop into your thread

 

 

Innocent

[innocent]

Hi all

 

An update....

 

Just phoned the courts because I have heard little

 

Apparently the DJ last time gave [problem] until the 7th June to file a AQ, a second chance....

 

"ooo" she said "hang on"...... :-| "they have filed an AQ today"

 

The case will now return to the judge, for "allocation".

 

 

Any thoughts? Anything I should be doing or writing now to encourage the DJ to use the draft order (based now even more on Lloyds bad behaviour)??

 

 

Your thoughts please??

 

Innocent :-|

[GuidoT]

Innocent - I think you may well know all this, but anyway here goes.

 

You may want to find out if Lloyds have ticked the one month stay period box by phoning the court. SCM will not send you a copy of the AQ.

 

If they have you may want to write to the court preventing this stay nonsense:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html

 

There is good and bad in the stays, the bad is a several month pointless delay. The good is that SCM make no contact and it puts them in a bad light and means that you are more likely to obtain the New Strategy Order as the DJ will be peeved with them.

 

On balance as you are claiming CI, the stay could be a good thing. I think you are familiar with my Lloyds thread and how Lloyds' inaction on the stay settlement front resulted in the New Strategy being Ordered.

 

I too am claiming CI (and charges going back 10 years) therefore it suits me to obtain a strike out of their defence due to their failure to provide the New Strategy documents rather than having a trial.

 

For anyone else who is interested, I know Innocent knows where this is, my latest story is here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-6.html

[innocent]

GuidoT

 

Thanks for your quick reply and for your continuing confidence in me

 

(Sometimes I think I just need to re-confirm my own thoughts with others such as yourself)

 

I had forgotten to ask if they have requested a stay but I agree, in balance, because of the CI element this is (arguably) the best way to go to ensure the draft order is ordered.

 

Thanks for your very complete advice as always, and be rest assured I am following your case closely with very great interest and eagerness

 

Innocent

 

Innocent - I think you may well know all this, but anyway here goes.

 

You may want to find out if Lloyds have ticked the one month stay period box by phoning the court. SCM will not send you a copy of the AQ.

 

If they have you may want to write to the court preventing this stay nonsense:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html

 

There is good and bad in the stays, the bad is a several month pointless delay. The good is that SCM make no contact and it puts them in a bad light and means that you are more likely to obtain the New Strategy Order as the DJ will be peeved with them.

 

On balance as you are claiming CI, the stay could be a good thing. I think you are familiar with my Lloyds thread and how Lloyds' inaction on the stay settlement front resulted in the New Strategy being Ordered.

 

I too am claiming CI (and charges going back 10 years) therefore it suits me to obtain a strike out of their defence due to their failure to provide the New Strategy documents rather than having a trial.

 

For anyone else who is interested, I know Innocent knows where this is, my latest story is here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-6.html

[griffin9959]

hi Innocent,

 

Lloyds have filed their AQ. Guess I'm goin on a date

 

~S~

Griffin

[innocent]

Hi Griffin

 

I suspect your going for a long 'stay' somewhere

 

Well, at least after all this we can afford to stay somewhere very very nice glug glug

 

 

Innocent

[griffin9959]

Just back from court; Lloyds applied for a stay of one month but the judge is about to issue an order, which I think invloves striking out their defense because of an abuse of process. I 've written a little about it on my thread and will update when I have the order in my hands.

 

~S~

Griffin

[innocent]

Ooooooooo

 

on my 400th post looking forward to the installment on ur thread

 

 

Innocent (400 today)

[griffin9959]

Hi Innocent,

 

Latest court order received and posted to thread. What d'ya reckon?

 

~S~

Griffin

[GuidoT]

Kind of marks the death knell for CI:

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html?highlight=contractual+lost

....unless of course you succeed by default.

[innocent]

Kind of marks the death knell for CI:

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html?highlight=contractual+lost

....unless of course you succeed by default.

 

 

Disappointing news Guido but thanks for highlighting

 

(to summarise here)

 

There is a precedent against the awarding of "contractual" interest on the implied term basis.

 

 

If you've claimed CI pleaded on the basis of mutuality and reciprocity then you should accept any offer of charges + 8%. If you have been paid the charges + 8% already and are pursuing only for CI you should withdraw.

 

 

Willful pursual of a claim solely for CI is now highly likely to be met with a (successful) summary judgement application from the bank, and you could be liable for costs.

 

 

Well Im hoping for a win by default, if I can get the draft order happening?

 

 

 

Also, Im not convinced I added all the OD interest on the charges in the beginning because of the lack of info at the time; I would certainly now want this....

 

 

Just to clarify what GaryH said:

 

 

If you have only been offered charges + 8%, the you need to go back with a counter of (Charges + Overdraft interest on the Charges) + 8%.

 

 

My note of what the judge actual said is:

 

 

Quote:

 

The customer has a right to the charges, any interest deducted and a right to claim statutory interest for the period he was deprived of the deductions, provided he brings proceedings to recover them.

[innocent]

Hi Innocent,

 

Latest court order received and posted to thread. What d'ya reckon?

 

~S~

Griffin

 

 

 

Griffin.

 

Absolutely b****y FANTASTIC news......

 

I quote GaryH "Woooooooooohooooooooooooooo"!!!!!!!

 

Well done buddy

 

 

Innocent

[innocent]

Hi all...... an update (at last)

 

Received general form of judgement or order form "N24" dated 13th June 2007:

 

IT IS ORDERED THAT:

 

1) Stay to 4th July 2007. Parties to file agreed directions order on conclusion of period allowed.

 

 

Um???

 

I will phone the courts on Wednesday (later) to clarify..

 

I have to agree a directions order with Lloyds??

 

Should I at least make contact with [problem] urging them to settle, as per many past cases, and sent the draft order again..... copy all to the courts???

 

Or.... has the DJ granted the directions order and I should file info by the 4th July???

 

 

Anyone seen this before? Advice welcome.....

 

Innocent

[GuidoT]

Not seen it before.

 

Write to SCM saying we need to agree something as the order, propose the new strategy order. They are very unlikely to reply. Remind them weekly that something has to be agreed (in writing).

 

On the 4th of July write to the court saying that SCM did not even have the courtesy of responding, enclose the letters, say nothing is agreed, therefore please strike out their defence or alternatively issue the new strategy order per the GaryH template.

 

If you like crib the words for the letters from my thread.

 

I think you are one step closer to success by default.

[innocent]

Guido

 

Thankyou "very kindly" for your reply.....

 

I didn't remember seeing the order before and I am not quite sure what the DJ is trying to achieve? Anyone?? perhaps communication between [problem] and me???

 

I came to a conclusion last night that I stand no chance of [problem] communicating with me, esp within 2 weeks, albeit clearly I am willing to communicate with them... so all I can do is demonstrate to the court this willingness...

 

Agreed.... win by default is the way forward.... lloyds submitted their aq late; they are unlikely to "action" the DJs order this time too; so my "mission" has to be to get that draft order..... ordered

 

Guido I will re-read your carefully crafted letters; get in the mood; and write the first letter to [problem] (which I will copy immediate to the DJ) and I will post today.... and I will do today....

 

Thankyou

 

 

 

Innocent