Jaybabes v Lloyds TSB

[Jaybabes]

Helpppp

 

I'v had my statutory reply from Lloyds ie the "Get lost we're not interested one" and I've served them with my LBA for which the deadline is Wednesday 28th March, I have a suspicion I'm going to have to go through the courts to get my charges bcak which are in the region of £1400 but my confusion is this, my account is held in an English branch so do I have to lodge my case with the English courts of can I do it up here through the Scottish courts.

 

I've spent alot of time reading through the forums and have learnt alot in doing so but still not quite sure in where to go from here.... any help would be greatly appreciated.

 

Thanks

 

Jaybabes :-|

[donaldtramp]

I think if you read the entry into the description of the claim in this thread;

 

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

You can claim in Scotland as they would probably have a branch near you.

 

See the bit that says;

The defender has a branch in YOUR AREA HERE therefore it is under the jurisdiction of this court.

That would probably cover you to claim in Scotland.

 

For that amount you are best filing a Summary cause instead of a small claim. Just to keep it all tidy and under one claim.

 

Just some food for thought.

 

DT

[Jaybabes]

Thanks DT, I thought myself I would be a summary cause claim but just the thought of it going that far is putting me off.

 

The bank have until Wed 28th to answer my LBA and then its D day but giving that I only gave them 7 working days in my LBA should I write again allowing them a further 7 days as it seems that everyone else is allowing a 14 day period for a reply.

 

Many thanks

 

Jaybabes

[Jaybabes]

Hi just another quick question....

 

Been looking at the Scottish procedure guide but is it the same forms I have to fill in for a summary cause as it would be if it were a small claim and do the costs differ at all ???

 

This is all so confusing I'm beginning to wish I'd never started with it now

[maroondevo52]

Hi, Jaybabes.

 

Don't give up, you will get your cash. You will find the summary cause form the same place as the small claim. This will cost you £39.00. the same as the small claim the only difference is the court will send your papers back and you have to get a sheriff's officer to serve them on the bank. This cost me £15.95. which you can claim back. The court will send you a list of local sheriff officers you can use.

 

Best wishes with your claim.

 

Regards.

 

Scott.

[donaldtramp]

Don't worry Jaybabes the words you enter into the court form are exactly the same as the link I posted earlier in your thread.

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

You need to fill out form 1b as you are claiming against an organisation.

 

From the Guidance notes:

Form 1b – For use when the defender is a company

or other organisation and the action is for, or includes,

payment of a sum of money.

Link to guidance notes here:

http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/guidance_02.pdf

 

Form 1b here:

http://www.scotcourts.gov.uk/sheriff/summary_cause/docs/summary_form_01_b.pdf

 

If you are worried about the 7 day limit you gave them you could just give them another week. (You don't need to write to them). Just wait another week. In the grand scheme of things what's a week??

 

Don't worry about it:)...

Best way to think of a Summary cause is a small claim with a bigger limit.

There are a lot of us here who have been through it, and it's not as hard as it looks, I promise.

 

All the best

DT

[Jaybabes]

Ok guys like they say.... Nothing ventured nothing gained..

 

I'll give the bank another 7 days to respond at which point I'll serve my summary cause..

 

Many thanks for all your help and support.... I'll keep you all posted.

 

Wish me luck

 

Jaybabes

[Jaybabes]

Due to having a free half hour ar work I've taken the liberty of filling in and printing out forms 1a and 1b so they're all set to go, just gotta allow the bank the time I set out then I'm of for a toddle down to the sherrif court...... thought if I do it now then I wont have second thought later and I have to admit it wasn't as bad as I thought filling the forms in...

 

Now the games begin eh

[Jaybabes]

Decided to appeal to the banks better nature (not at all sure they have one tho) and sent them another latter allowing them a further 7 days before I submit my court action.... beginning to wish I hadn't bothered now and just gone ahead with the Summary cause after reading some more of the success stories....... really can't figure out why the banks are letting it go so far and costing themselves thousands more by having to then pay interest and court charges... suppose I really need to honour my last letter to be fair before going to court now or it would be a little hypocritical eh

[change-it]

Hi JB

Just checking

So will that be 14 days in total forLBA?If so then youre on the right track.They will leave it as late as possible to get you to give up...and thats what they're hoping but it is your money.Keep your cool ,you will get that offer.Stick to the guidelines and advice on here and all will come your way.

I agree ,why do they spend even more money through phone calls ,letters etc when they are going to pay up anyway.. but even just that one person who gives in or accepts less than they are due is whta they are hoping for.

You do well to be prepared,fingers crossed you wont get that far.

regards

change-it

[Jaybabes]

Yeah it will 14 days in total but all papers for Summary Cause are ready to be submitted... hence the regret at sending the last letter but I suppose another week wont make that much of a difference being that I've done without the money for so long now lol.

 

Is it 14 days they have to submit a defence or 6 weeks... I've heard conflicting stories so not quite sure ??

[change-it]

This is from the Scottish Courts guidance notes link (6 posts up):

 

'The return day is the day by which the defender must

send a written reply to the court, if he or she intends to

do so. When the return day will be depends on the

situation at each individual court. On average, it is

usually about six weeks after the date on which the

summons is lodged.'

[Jaybabes]

Oh well if its 6 weeks then its 6 weeks, means it'll be just in time for me going on holiday lol ... loads more spending money I HOPE !!

 

Thanks change-it

[change-it]

No probs.

So you sent your LBA Tuesday 20th and 14 days will be up on Wednesday 4th?

They may well leave it to the last minute to contact you and if not then you just pop off to the Court and file your claim.Then you might get judical interest too!Even more for your hols .LOl

[Jaybabes]

Hi Change-it, yeah 14 days will be up on Wednesday but I'm wondering whether its worth giving the bank a little courtesy call just to let them know I'm still here and not backing down or would it be best left alone and just go ahead with summary cause without any further contact ??

 

[donaldtramp]

Jaybabes,

 

I'd just leave well alone with the phone calls. Stick to the plan.

My sisters pal works in a bank and they are getting 5000 of these letters every week!!!

I think they may be struggling to keep up, poor things.:)

 

Just keep your cool. It'll all be worth it in the end.

 

I'd just get your Summary Action ready and waiting.

 

All the best

DT

[Jaybabes]

Aaaargghhh they've just taken another £30.00 for an excess overdraft fee and I don't even have an overdraft.... didn't even know I had gone into the red... I'm absolutely fuming

 

Its no wonder the older generation feel it safer to hide their money under the mattress at home.

 

Was gonna leave summary cause until Thursday but this has just got my hackle up even more and I'm going down first thing tomorrow morning to submit it...

 

How dare they

[change-it]

You go get em!!( and the extra £30!)You'll get interest now won't you!

[Jaybabes]

Summary cause submitted and it feels sooo good LOL

 

:D

[Jaybabes]

Just a quick question for anyone who's had their charges retuened from Lloyds... do they send it by registered post ????

[eileen58]

Hi Jaybabes,

 

When you get your charges back from Lloyds and you will they will pay it into your bank account. If you owe them any money i.e. overdraft they will put your claim into that account and deduct your overdraft amount. That is what they did with me. I owed them money on my account that was totally made up of charges and they took their money and finally gave me the remainder.

Lloyds went right up to the line with me and I eventually got 2 decrees against them. Then and only then did they pay me, after threatning to get the sheriff officers onto them.

So be prepared for the long haul with them.

 

Eileen:rolleyes::rolleyes:

[eileen58]

Hi again Jaybabes,

 

I forgot to say that if Lloyds do not contest the claim after the return date the courts then send out your decree. With mine it took 14 days to arrive and what you then do is inform Lloyds that you have a decree and they have 14 days to reply to you. If for any reason they do not give you your money you then send in the sheriff officers.

I think, Iam not to sure on this point but I think that they have another 14 days to give you your money.

I hope that someone can clarify that for me.

So I do not think that you should count on the money for you holidays. I hope that I am wrong and that you get paid out quick.

lol

Eileen8)8)8)

[Jaybabes]

How much was your claim for Eileen ??

 

I'm not too fussed if it takes longer as I've done without it for solong up to now however it would be nice to have it before going away but either way I know I'll get it in the end

[eileen58]

Hi Jaybabes

 

I had 2 claims against ltsb. 1 small claim for £740, and 1 summary clause for £1,500. I eventually got back roughly £2,800 but as I said they took back just under £600.

When I was claiming back not once did the bank solicitors acknowledge my claim but just sent me letters demanding the £600 back on my unauthorised overdraft. I was like a parrot and just kept saying that I would not pay them the money until I went to court and won my claim.

It really is like talking to a brick wall sometimes.

It makes you wonder how many people are intimadated by these vultures and do not continue with their claims.

Eileen

[Jaybabes]

Fully agree with you Eileen, they make it seem so difficult and put fences up in every direction... nearly gave up myself but the guys on here have been great and helped in every way possible... so... summary cause submitted and now all I have to do is wait