broke dave v LTSB ****WON!!!****

[canningtownjohnny]

Congratulations yet another one, got there in the end

[irishrose]

I'm delighted to hear your news, Dave. :D:D

 

I hope things will start turning around for you now. Good luck to you and Mrs Broke with the other claims.

 

All the best

 

Irish

[broke dave]

Thanks Rose. Have just spent the last couple of hours on internet banking paying off all of my bills. Got £234 left - enough for a drop of wine and I'm not afraid to answer the phone now.

[24nickp]

hey there dave good to see u still got some left same as me alot of it went on bills but stil had some left for some new golf clubs wich worked rather well yesterday! haha we got there in the end didnt we mate! looks like lloyds paid off quite a few this week! im gonna send them another letter soon cos they charged me about 250 while my claim was going on i gotta start all ova haha its worth it!

[Liani]

Excellent News Dave - gives us others hope, my date is 23rd. When do you have to do bundle as I have not been asked for this?

 

Thanks

[Wilks 77]

What was the date for Liani, was a directions / prelim hearing? If so you won't need a bundle just a couple of other docs which help give **** a nudge.

If it is for a full hearing, I would have thought you wold have had the directions given to you with the date of the hearing.

[Liani]

It states on the court letter that it is for allocation?

Thanks

[Wilks 77]

Liani, have a look at this thread - GOT A COURT DATE? A guide to the later stages

 

I think it will help you. It did me.

[broke dave]

If it is for allocation then don't panic. Once you have a final date it will ask you to send documents and give you a time frame ( usually 14 days before the hearing.)

And Nick,

 

I dream of picking my clubs up again. Especially the ones that work (usually only on day one)

[tina9776]

Well done Dave, fantastic.

I wonder if you could help me, I have posted these questions on my thread but no-one has answered me. I did not receive an AQ so I sent the suggested letter to my county court (copy to SC&M) where the case has been transferred with a draft order for directions - I sent this on 19th June but have received no reply. Should I chase the court to see if they are going to give me a court date or just sit tight for the time being.

Secondly, I am ready to file a claim for business with Lloyds - it is a partnership but on Moneyclaim online is says is it an individual or organisation - it is just myself and my husband so do I say organisation? Would be so grateful for your help, and well done again.

[broke dave]

Thanks for the message Tina.

On point 1 I would suggest contacting the court to see if anything is happening.

On point 2 there are a couple of threads around for LTSB Business Accounts. Sorry, can't remember where but I will look as I am about to take on the Business side of things. MY ADVICE WOULD BE TO TAKE YOUR TIME AND READ THE BUSINESS THREADS WHEN YOU FIND THEM. Also, the general advice from this site seems to be forget MCOL and file directly at your local court - it saves time.

Sorry I can't help any further,

 

Dave.

[tina9776]

Hi Dave

I'll post this on my thread but I got my court date through yesterday for the 10th September, small claims. It doesn't say anything about a court fee - will they ask for this nearer the time? I never had to do an AQ. The Judge has asked me to submit by 18th July the following:

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reasons given (if any) for that charge being made;

b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) Copies of decided cases and other legal materials to be relied upon.

 

The defendant shall by 8 August 2007 file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

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 Defendant's loss incurred by the Claimant's 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 Defendant's loss incurred by the Claimant's 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) Any witness statements;

f) Copies of decided cases and other legal materials to be relied upon.

 

Please, please could you help me with c) and d). I don't want to send too much or they won't bother to read it but I also don't want to leave important things out. I also don't have any Terms and Conditions - I tried to download the pdf format from the site but my computer wouldn't let me as it's blocked from work. Is there any chance at all that perhaps you could somehow send them to me.

I'm so sorry to ask all this but I'm scared that I'll be the one that does have to show up in court and I want to be sure I've got it right!!!

Thanks so much for all your help so far.

[broke dave]

Tina, Don't panic. This is pretty straight forward stuff.

Can't help immediately as off to work but will check back this evening.

[broke dave]

Here we go again. Prelim letter sent on Wednesday for the £395 they have cgarged me since I started the first claim. Hope this one goes a bit quicker as the car has broken down now!! The bills just keep coming

[McIavelli]

Good on ya Dave..I'm sure it'll be a lot quicer than your last claim; You'd think they'd got the message by now & stop heaping the charges on our accounts

[calm1]

Well Done, Keep On Fighting. We Have Just Got 13k Refunded From Lloyds - Wow!! Am Almost Speechless - It Feels Good!!

[Butterflycollecter]

great news Dave - chuffed for you XXXXXXXXXXXXX

[broke dave]

Just to let you all know, I am now starting a new thread entitled:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/105794-broke-dave-ltsb-business.html

 

Will post on there how my other personal claim is going.

 

Mrs broke dave decided to accept the Barclays GOGW (£80 less than claim). But we are going after them again for further charges.