Court Date - Have queries! Help Please?

[fzrkitten]

Fantastic Jaspermel, that's really early before your court date too as you said it wasn't until end of june? I know you said yours was a relatively small amount but it's still excellent, can't see them being that quick at offering me £8000 though!

 

Hope you still get to post occasionally or let us know if you get your settlement soon.

 

BW

 

fzrkitten

[fzrkitten]

Barty if you're out there, I checked defence, and I can't see anywhere it says anything about 'embarrassing claim', but then I am missing point's 7,8 and 9 I believe! (they don't seem to have bothered typing them in).

 

Anybody know what they should say?

 

BW,

 

fzrkitten.

[BARTY]

Hi

The "embarrasing" part is usually one of the earlier points.

This is a standard 9 point one:

 

1) The defendant Lloyds TSBplc (the bank) is a bank who's registered office is 25 Gresham street, London, EC2V 7HN. It is admitted that the claimant has been a customer of the bank at all material times.

2) By opening the account with the bank, the customer enters into a commercial arrangement with the bank for the provision of banking services. At account opening the customer is provided with details of the banks charges , currently in a leaflet a guide to our banking charges. By using this account, the customer acknowledges that the charges are incorporated into the contract. For the personal customers, a number of services are provided for free, notwithstanding that they are an expensive to the bank. Such services presently include, but are not limited to, providing;

Cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards ATMs (cash machines)

3) By maintaining the account in credit, or within any limit agreed with the bank, the customer may avoid most, if not all, of its charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the banks own funds. If the bank makes payment or returns a payment, it provides a service as specified in the leaflet and and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the bank explains that "there are normally no charges for everyday banking at Lloyds TSB when your account is in credit.

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are withdrawing everyday. Where you go overdrawn without an agreement or where you use special services, such as copy statements we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven't listed, we will tell you the cost of that service before you go ahead"

4) There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the banks loss.

5) The customer is given advanced warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following months staement. Customers are warned by letter when they go overdrawn or over their agreed limit without agreement with the bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again, the customer is warned by letter.

6) The charges are fair and reasonable, and it is denied that they are unlawful.

7) The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by customer for service provided by the bank, and pursuant to Regulation 6 of the Unfair terms and consumer contracts regulations 1999, are not subject to the assessment of fairness.

In the premises:

8.1) the charges are for the banks service and not a penalty.

8.2) the bank is entitled by contract to impose the charges, which are fair and reasonable;

8.3) it is denied that the charges are unlawful or contravene any statute or regulation.

9) The claimants claim is denied in its entirety. It is further denied that the claimant is entitled to the sum claimed or to any sum from the bank...

then the satement of truth.....

 

 

Barty:)

[fzrkitten]

Thanks Barty, v similar to point 7. on mine it just says:

7. In the premises.

Then nothing else at all, so at least I know what it should be now!

LOL

fzrkitten.

[fzrkitten]

Hi all, I've been away a week in spain, and my partner noticed the paragraph in the Sun newspaper about the lloyds win. I didn't panic as I thought that there would be something that contributed to it, (having read this site constantly it really helps), but now I'm home I thought I'd post and ask more advice.

 

I had transfer of proceedings, but not got court date from local court yet, phoned friday before hol and asked, and was told judge not looked at it yet. Is this still ok, should I do anything yet?

 

Also, my claim is just over £8000 and is with Lloyds. This is worrying me now in itself, especially due to the recent win. I want to be spot on in my claim, and need all the help I can get. I have looked at a lot of other Lloyds claims, and there seem to be none successful near this amount yet? (one of just over £5000 in march).

 

Can anyone tell me they have been successful recently with lloyds for a large amount? I have so many reasons for doing this, mainly the way Lloyds have treated me as a customer, so I am not scared to go to court, just want to get it right, as I don't think by any means mine will be small claims.

 

Please can anyone offer me some words of encouragement at this time of waiting.....!

 

Thanks all,

 

fzrkitten.

[jshtr3]

Hi, you should hear something from the court soon. As for wins, yes, I can think of at least 4 I've seen on LTSB forum since friday, so it looks like business as usual. Words of encouragement - You only get out what you put in.............. plus 8% after you file in court - obviously;)

[fzrkitten]

Hi all,

Just wondering if I should have heard from the courts by now? They sent me that transfer on 1st May, haven't heard from my local court at all yet. Phoned them and they said the judge had to look at it, but that's a couple of weeks ago. Bit worried cos I'm not too far from Birmingham, and my claim is quite large, think they might be looking a bit closer? I don't mind if it does go bigger courts, but thought I would of heard by now.

 

BW,

 

fzrkitten.

[fzrkitten]

Hi all,

 

Wondering if this was usual -

 

Got fed up waiting for a letter from the courts, phoned them on thurs as I hadn't heard anything since beginning of May. The very nice people at the courts told me my case was with a huge pile of others that were 'waiting for directions' from the judge. If I phoned back a day later they could tell me, as they expected all the hearings to be set for the same day she told me.

Called yesterday, and think my case set for 7th Sept. Will this be the actual hearing does anyone think, and I wondered why so many together on one day - slightly worried.

I'm awaiting the official letter but will keep posting. Any advice now greatly received.

Wanted to know whether I can send a letter to solicitors now, stating intentions etc, and saying why I'm going to court (way I was treated by bank etc). Does this help or hinder does anyone think?

 

Thanks & Best wishes to all,

 

Fzrkitten.

[fzrkitten]

:? Hi all.

 

I phoned the court because I hadn't heard anything, and they said my case was going to the judge for directions. (They didn't call me in for this, apparantly there are going to be a lot of cases on the same day, and at 15 minutes each). This is what I have received: Bearing in mind I haven't done an allocation questionnaire, they seem to have read it as if it has been submitted. Is this a usual set of Directions?:

 

Deputy District Judge .............. has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track:

 

Court wants from me:

a) A schedule

b) bundle of statements etc.

c)statement of evidence

d)copies of decided cases etc.

 

For the defendant:

 

a)Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b) Whether such charge is accepted to be a penalty, and if not, why not;

 

c) If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

 

d) If such charge is not alleged to be a pre-estimate of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable;

 

e)witness statements

f) copies of decided cases etc.

 

 

I wondered about D, is this actually asking the bank for proof?

And have I got to get my bundle in to the court now in 14 days from when I received directions? (letter dated 13th June but I received it Sat!) It has been allocated to small claims for 7th September 2007.

 

This is for quite a large sum, and I don't want to get it wrong from hereon in, so would appreciate as much help as poss. I am taking this very seriously, and am trying to get bundle together as we speak. Do I need to pay anything else if they have already read it as they have?

 

BW,

 

Fzrkitten.

[Night Owl]

Hello Fzrkitten,

my claim is for around £7000 including interest and court charges. Waiting to hear from my local court. Interested that your claim is going through the small claims court.

Good Luck

Night Owl

[fzrkitten]

Hi all,

 

I started a new thread, not sure if correct, but wasn't getting any answers on the old one! (Please don't forget me!). Message below is what I really need help with now:

 

I phoned the court on Thursday last week because I hadn't heard anything, and they said my case was going to the judge for directions. (They didn't call me in for this, apparantly there are going to be a lot of cases on the same day, and at 15 minutes each). This is what I have received: Bearing in mind I haven't done an allocation questionnaire, they seem to have read it as if it has been submitted. Is this a usual set of Directions?:

 

Deputy District Judge .............. has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track:

 

Court wants from me:

a) A schedule

b) bundle of statements etc.

c)statement of evidence

d)copies of decided cases etc.

 

For the defendant:

 

a)Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b) Whether such charge is accepted to be a penalty, and if not, why not;

 

c) If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

 

d) If such charge is not alleged to be a pre-estimate of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable;

 

e)witness statements

f) copies of decided cases etc.

 

I wondered about D, is this actually asking the bank for proof?

And have I got to get my bundle in to the court now in 14 days from when I received directions? (letter dated 13th June but I received it Sat!) It has been allocated to small claims for 7th September 2007.

 

This is for quite a large sum, and I don't want to get it wrong from hereon in, so would appreciate as much help as poss. I am taking this very seriously, and am trying to get bundle together as we speak. Do I need to pay anything else if they have already read it as they have?

 

BW,

 

Fzrkitten.

[fzrkitten]

Hi Night Owl. My claim is for £8038! So know where you are at, and I was v surprised to get small claims as well. I've just posted a new thread, with same questions in, as I really need answers now, so watch out for the help that I get and it will help you too. You need to really read this site and take everything in, and even then I don't get it! I am trying to do my bundle because I think I've only got about 7 days left to sort it, but I will!

 

BW

 

Fzrkitten.

[Night Owl]

Hi Fzrkitten,

been reading so much on this site my husband thinks I'm training to be a lawyer!!! I spend so much time on the computer!!!

Talking about it at work and telling everyone they should do it, they think I'm a lawyer!!

Trying to keep one step ahead and have read stuff on court bundles.

Good luck

Night Owl

[fzrkitten]

Can anyone help me with this query in my last post? Wanted to add that my case will be in Coventry, heard someone lost recently (after Birmingham)? I started to sort my bundle out last night, but could do with a bit of help on the statement for evidence, I never had an overdraft, they wouldn't let me, so there's a paragraph about that in there that I'm not sure on, because they did still charge me for going into the red over the 0 limit obviously.

 

Thanks,

 

Fzrkitten.

[nicsussex]

There is no way in the world that LTSB will comply with the judges directions - I would expect a settlement imminently.

[fzrkitten]

Hi nicsussex,

 

Your'e joking?! I don't even get what the directions mean, I did think it meant they have to prove their costs? Is this a good directions then? I'm sat at home, trying to print bundle, ran out of black ink, not quite sure what I'm doing but need to get bundle in. Judge's directions were done on 13th, do I get 14 days to submit from that date, or the date I received them do you know? Otherwise I've got about 2 days left to sort it!

 

Glad you think good news over the directions, let's hope so eh?!

 

BW & thank you.

 

fzrkitten

[fzrkitten]

Can anyone tell me, if I got directions dated 13th June, got them on 16th, how long have I got to get my bundle in? Is it 14 days before the hearing or 14 days from the date I got directions?

 

Having a slight 'printer' problem, it's in bits on the floor in the back bedroom with a vexed partner making a lot of noise!

 

BW,

 

FZRkitten.

[GuidoT]

It usually says on the order, but 14 days prior to the hearing is normal. Phone the court if it does not say.

 

In any event best to get it in early.

[fzrkitten]

Thanks, one more question - I need terms and conditions from 2001 for Lloyds - anybody found them? I can't seem to get into T&C on the Internet way back machine - just info on the accounts?

 

I actually think I'm supposed to get bundle in in 14 days from when they served directions, someone said my directions (above in this post), are good?

 

BW,

 

Fzrkitten.

[christinajanep]

hi u get 14 days form the 13th, i had exactly the same problem and yes like u i ran out of black ink as well.i got my letter from the judge on thursday and mine has to be in on tuesday so far i have only printed my statements as that took 5 hrs yesterday and two packs of paper, so guess what i'm going to be doing today,

and the directions mean its a disclosure order, basically lloyds have to tell the judge what the true cost is of boucing a cheque, etc, and as nicsussex said they'll never do it so lets see who gets there refund first u or me lol

[oi-giz-it-back]

Hi fzr,

Iv got the same directions as you. Im fighting this one for my brother. They came yesterday and i have to have them in in the next 28 days. I dont have a court date tho. A good thing i think. Just trying to get my head round it now.

[christinajanep]

i dont have a court date either, i guess the judge is thinking that we wont need one as lloyds will sort it before it gets that far...

 

what court are u both from

[GuidoT]

Internet Wayback does not do it for me neither, this is the only set I have come across:

Evidence for court bundle needed when reclaiming penalty bank charges

 

Yes the directions are good news for you, it is not the same as the New Stragegy Order on this site though. Check again if the order has dates that the parties are required to comply by.

[fzrkitten]

Thanks all, My case is Coventry, but not quite so worried now you've all said about directions being good!

 

What I do need help with later today (as I only have today left really!), is my statement of evidence, ifI post it can someone help? And my witness statement.

 

One printer down, one fixed with superglue! LOL!

 

BW,

 

Fzrkitten.

[christinajanep]

i have a copy of a witness statement garyh sent to me to use for mine i will forward that onto u