Central London County Court - developments

[Maximus]

Hi Pward 33, yes my order is identical wording so I assume everyone's is ... and yes it is on July 24th at 11.00am not July 23rd - doh!

 

Camdenite best of luck with the hearing and I hope everything runs smoothly for you and all the others with similar cases! Thankyou in advance also for reporting on what happens.

 

Cheers

 

Maximus

[pward33]

Further to the concerns Camdenite and I expressed in posts 19 and 20 of this thread, I have just read the following on another thread. I appreciate this was in the Mercantile court which I know nothing about and for all I know may have different procedures, but please can a mod advise whether this could happen at this week's preliminary hearings??

 

I wanted to post my observations of the cases at the Mercantile today. It's the first time I've been to a court and it was a very interesting experience.

 

I was under the impression that this hearing was for directions on how the cases were to be tried. I was surprised that cases were actually being decided. I would advise anyone attending a similar hearing to be prepared for this.

[Camdenite]

Hi pward. Thanks for hilighting this. Could you point me in the direction of the thread. I'd like to have a look through.

[pward33]

So sorry mate, have spent over an hour hunting for it again but can't find it. Feel stupid for not putting the link in my original post now!

[Camdenite]

No problem. I think I have everything I need irrespective of this back up info. I think the only thing to worry about now is how smart to turn out for the judge .

[pward33]

I'm not going to worry about that; if I were to put on a suit I'd still look like a scarecrow in a suit so why bother

 

Good luck mate, will be thinking of you, keeping everything crossed and looking forward to your post!!

[Camdenite]

I know what you mean. The usual wise-cracks about "You in court then?" when wearing a suit at work would be particulary apt methinks?

[Camdenite]

This is a copy of the post on my Abbey thread.

 

 

Well, A kind of victory:( . I went to court this morning and sat down with about half a dozen others waiting to see Judge Avent at Central London CC at 10:00am. Due to surnames, I was one of the last in and one by one everyone trooped out with big cheesy grins. Apparently Abbey had written to us all settling in full. The judge had copies of the letters, none of us did. Shame they posted them during a postal strike on Friday, and no dubt 2nd class!

 

It came to my turn and things got a little complicated. Abbey are only settling the original claim of £5,117, not the ammended amount of £14,996. The Court do not have a copy of my N244 ammending the claim, although they acknowledge correspondence with me relating to the fact that it was filed.

 

With this in mind the judge stated that he would set a Small Claims hearing for some time in Septemeber and I may have to file a new ammendment if the original did not turn up. I gave them 3 copies of the N244 when I submitted but stupidly, only kept a copy of my new revised N1.

 

Although, I don't have the letter from Abbey, the judge informed me that it was "In full & final settlement" so therefore I cannot bank it, right?

 

All help greatfully received.

 

Fot those of you in with Judge Avent this week, there's nothing to fear. All my fellow claimants were in against Abbey and no representative from them showed up. Is 100 yards from Triton House that far to walk? My case just hasn't worked out as simply as I wanted it to.

[pward33]

Thanks for the update Camdenite. I'm sorry your case didn't work out as simply as you wanted to, but at least is looks as though you're going to get all your money eventually, and there were no nasty surprises as such.

 

It comes as no surprise to me that Central London CC lost your N244. In a previous claim of mine at this court (not a bank matter), all the witness statements went missing along with numerous other documents, to the point that the Judge contacted my solicitor and asked him to deliver them to his chambers in person, which he did. The solicitor then billed me for doing so, and I had to claim the money back from the court!! Apparently this court is notorious for this and the court manager, Michael Burke, has had more than one stroppy letter from me over it!

 

I suspect you might be right about not banking the cheque if it's "full and final settlement" but more senior members will advise.

 

It will be interesting to see how things go on the "Lloyds day" next week...

[Camdenite]

I'm blaming myself. I just assumed I wouldn't get anything back from the courts confirming the ammendment to my claim. At least they have correspondence relating to it. I'm starting to get into discussions on whether a 2nd claim would be an abuse of process on my Abbey thread, so it's not getting any simpler!

[Maximus]

Hi Camdenite

 

Thanks for your report, it's certainly made me a little less aprehensive. Mine's with Natwest and Cobbetts, their now notorious lawyers.

 

Sorry to hear it didn't get resolved as you wanted - although a partial victory is still positive.

 

Normally when banks make offers of cheques/payments into accounts I believe you are supposed to acknowledge the 'partial' payment and demand the balance. However if the judge determines it to be a 'full and final settlement' I don't know how this changes things?

 

I'm sure with the advice from the forum you'll be able to get this resolved positively

 

Cheers

 

Max

[Camdenite]

Thanks Maximus. I know it sounds greedy, but it's more to do with wanting to put all this behind me really. It's taken innumerable hours in prep & stress to get this far and to have one more lap to run is a little frustrating to say the least.

 

My guess is that I'm going to have to return the cheque when it does finally arrive and that'll be tough.

 

Good luck with your claim though. When are you in?

[pward33]

He's on the same day as me!!

[Maximus]

Hi guys

 

An update with my case. Natwest phoned me first thing this morning and offered me a bizarre settlement of £4911.06.

 

The amount I claimed was £5035.

 

They said I if I accepted the 'good will gesture!' I would receive the cheque recorded delivery tomorrow.

 

I thought it over and considered it probably wasn't worth the hassle and stress of court for £100, so I accepted.

 

Pward have you heard anything from your bank?

 

Cheers

 

Max

[pward33]

Contratulations Max!!!! Odd they offered you £100 short but I'd definitely have accepted too! Another victory!

 

Can I advise anyone following this thread who is due in London with Lloyds next week to check your bank account today!

 

Overnight my balance increased by just over £1,000! I went into the branch and they confirmed it was a charges refund. Together with the "standard" £750 which Lloyds pays most claimants, they've now refunded £1,800 of the £2,200 charges. However, that £2,200 excludes any interest at all.

 

I was claiming contractual interest at the authorised rate of 18.4%. I know that contractual interest seems dead in the water now in the light of the recent High Court case, but I should still be entitled to the statutory 8% so I'm minded to continue.

 

Does anyone know if I continue and lose for whatever reason (unlikely, I know), would Lloyds be entitled to take back the refunds they have given me so far?

 

Thanks in advance

[Camdenite]

Well done both of you. Maximus - is the difference the interest that has accrued since the N1 was filed? I don't think they are obliged to pay this.

[Maximus]

Hi Camdenite

 

No, it was genuinely strange ... the 6 pence in their offer was what particularly threw me when I received the call!

 

They said they couldn't corroborate all of the charges, that's why it fell £100 short.

 

A small part of me feels on principle I should have pursued the entire amount ... especially as the amount includes interest at 8% which was correct in Feb. when I did the money claim online - but would have increased by £200 or so by now.

 

But I spoke to a few people after receiving the offer and pretty much everyone said accept it, so I did.

 

Good luck in pursuing the remainder of your monies, I'm sure if your persistent and take the advice of the forum you'll recover it all - it's your money originally

 

Max

[Camdenite]

Thanks Max. Onwards and upwards with my claim. It's all over on my Abbey thread but basically Abbey have dumbed the £5K in my account today (amazing, compared to what some people have gone through to get paid after judgement!).

 

I'm currently writing to them rejecting (which hurts!) and proceeding with anew N244 as I think the original will never show up at the court.

[pward33]

Sorry to push, but does anyone have an answer to the question I posed on post 40 of this thread? Really need to decide pronto whether to settle or not.... Thanks in advance

[Maximus]

Hi Pward

 

I can't advise properly (maybe request views from one of the mods) but it would seem reasonable to me for you to pursue the remainder of the money.

 

Perhaps, call or e-mail your contact at Lloyds tmorrow morning saying that you have noted the partial refund to your account and anticipate the remainder (including 8% interest) to be paid into your account by Monday or you proceed to court - play hardball!

 

That's just my opinion of course and I think you should seek more experienced advice before deciding.

 

Hope that helps

 

Max

[Maximus]

Hi Pward

 

I can't advise properly (maybe request views from one of the mods) but it would seem reasonable to me for you to pursue the remainder of the money.

 

Perhaps, call or e-mail your contact at Lloyds tmorrow morning saying that you have noted the partial refund to your account and anticipate the remainder (including 8% interest) to be paid into your account by Monday or you proceed to court - play hardball!

 

That's just my opinion of course and I think you should seek more experienced advice before deciding.

 

Hope that helps

 

Max

[pward33]

Thanks Max,

 

Yes, I suspect you're right in what you suggest; I'm just nervous about ultimately making some daft error, losing my case, and Lloyds getting their refunds back! I would like a mod's advice if any are reading this as to whether, if I lose for whatever reason, I also lose the goodwill payments?

 

I really want to make a final decision tomorrow as I'll need to work over the weekend on preparing myself for court next week (which in itself is a pain as since I issued in London all those months ago, I've actually moved to Scotland, so a 1,000 mile round trip!).

 

Cheers Max

[Camdenite]

I was claiming contractual interest at the authorised rate of 18.4%. I know that contractual interest seems dead in the water now in the light of the recent High Court case, but I should still be entitled to the statutory 8% so I'm minded to continue.

 

 

What's happened recently with CCI? I wasn't aware of any change. On my MBNA case, I've started all over again, LBA etc. with CCI instead of Statutory interest.

[pward33]

Hi Camdenite,

 

See

 

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

 

BUT

 

See also GaryH's comment towards the end of this thread:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/43772-pward33-lloyds-tsb-confused.html

 

Seems it's a fast moving area - too bloody fast for me to keep up with!!

[pward33]

In fact there's a thread on the new Lords' ruling too:

 

http://www.consumeractiongroup.co.uk/forum/bank-charges-media/106062-lords-award-compound-interest.html