Taking Lloyd's bank to small claims

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Sorry what's utccr please? The claim box ably allowed so many words and couldn't fit everything I wanted to say. I did this online. I figured that I'd explaine the rest in court. In my head, I imagined I would be given a chance to speak so I didn't worry too much about adding everything. Am I being naiive?

Yes, unfortunately still have the balance and haven't paid in a while.

Didn't include a break down. Should I give up?

Thank you once again for your help

[EXC]

Re: Taking Lloyd's bank to small claims

Do I have a chance to be heard in court?

If you had accepted the FOS decision it would mean you may no be able to proceed with a court claim.

They have a fair chance of getting the claim stuck out on the basis of the POCs not being compliant/clear enough.

And to be honest, as the POCs stand, you'd have little chance of winning. You could apply to amend the POCs (which would cost £255) but even then it would be a struggle.

[Mrscurious]

Re: Taking Lloyd's bank to small claims

I didn't accept ombudsman ruling but didn't ask them to do anything else because I thought courts would help.

The £390 wasn't from the ombudsman. It was from a complaint I made way back in 2014 with regards to bank charges and lloyds basically didn't uphold my complaint but refunded 390 as "goodwill gesture". I was then asking for about £2000.

I then approached ombudsman a year later ( I think), not upheld and then tried the courts as the last attempt and it's not looking good so far.

- - - Updated - - -

If I cancel now. Will it be the last of it all? And what happens after I served the 6 year penalty default on my credit report please?

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Would you be able to post a copy of your particulars of claim.

They sound like they are saying that the charges were applied over 6 years ago ( as it is charges you are claiming )
Did you include hardship in the claim? Had you informed the bank before / during the time they were applying charges that you were in hardship ?
What grounds did you give for reclaiming the charges ( saying they were unlawful/unfair etc ?)
CPR 3.1 and CPR 3.4 basically means they don't think you have any case to speak of ( legally ) and ask the court to just strike it out before taking it any further.

Have we got background on this on here? ( I'll have a look at your other threads two secs )

Okay not much info

http://legalbeagles.info/forums/show...497#post766497


( just looking at your previous posts, did you get the cheque from Trades Gateway in the end? They are small peanuts compared to Lloyds so don't expect this to go a similar route to that one )

To answer another question. The packaged account upgraded because it was the only way I could increase overdraft limit.

[Amethyst]

Re: Taking Lloyd's bank to small claims

Sadly I have to agree with EXC. I think you need to negotiate a withdrawal/discontinuance without incurring yourself any further costs. As they have entered their defence, discontinuing now would mean you would struggle to bring the claim again in the future if the situation changes with regards bank charges. You'd need permission of the court to bring any further claim against the bank on the same issue. However, if you were struck out by the court it would be even tougher to restart.

It is a little odd they haven't mentioned the Financial Ombudsman award in their defence, as that would preclude the claim anyway ( as a FOS ruling is akin to a judgment and binding on both parties if accepted )

They haven't mentioned any costs, they could ask for wasted costs if you discontinue, but I think with your financial situation, which they are well aware of, I'm not sure that they would bother... although the risk is there.

UTCCR - do you still have a copy of the letter you sent to Lloyds in November 2017 ? In their defence they claim you sent them a letter asking for a refund of charges due to their being unfair and disproportionate under the Unfair Terms in Consumer Contracts Regulations.

To answer another question. The packaged account upgraded because it was the only way I could increase overdraft limit.

Yip, so you upgraded it ( via phone or online banking ) so you could apply for the further overdraft ?

I'm also a little concerned you have a current live debt with them for around £3k that you did have a £1 a month agreement to pay on that you've stopped paying. Do you have any idea if the debt is still owned by Lloyds ? As you seem to still have at leats 2 years before that debt would be statute barred you may find that you start being chased for payment again, potentially a future court claim against you. Is it still showing on your credit file as Lloyds Bank ? Any letters from Debt companies about it ?

[Amethyst]

Re: Taking Lloyd's bank to small claims

I didn't accept ombudsman ruling but didn't ask them to do anything else because I thought courts would help.

The £390 wasn't from the ombudsman. It was from a complaint I made way back in 2014 with regards to bank charges and lloyds basically didn't uphold my complaint but refunded 390 as "goodwill gesture". I was then asking for about £2000.

I then approached ombudsman a year later ( I think), not upheld and then tried the courts as the last attempt and it's not looking good so far.

- - - Updated - - -

If I cancel now. Will it be the last of it all? And what happens after I served the 6 year penalty default on my credit report please?

Sorry crossing posts, that makes that clearer anyway thank you.

Why is this claim for £500 if your original complaint about charges was for £2000 ?

Did you accept the 'goodwill gesture' as a part settlement and tell them you intended to proceed ?

After the 6 years of your default on your credit file it will fall off, however you then went on to make £1 payments, so the date for the cause of action would have been prolonged until the date you last made one of those £1 payments ( ie. the amount of time they have to chase you for the debt is 6 years from when you last made a payment or acknowledged the debt ) )

[Amethyst]

Re: Taking Lloyd's bank to small claims

For reference https://formfinder.hmctsformfinder.j...k/n279-eng.pdf

Procedure for discontinuing

38.3

(1) To discontinue a claim or part of a claim, a claimant must –

(a) file a notice of discontinuance; and

(b) serve a copy of it on every other party to the proceedings.

(2) The claimant must state in the notice of discontinuance which he files that he has served notice of discontinuance on every other party to the proceedings.

(3) Where the claimant needs the consent of some other party, a copy of the necessary consent must be attached to the notice of discontinuance.

(4) Where there is more than one defendant, the notice of discontinuance must specify against which defendants the claim is discontinued.

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Would you be able to post a copy of your particulars of claim.

They sound like they are saying that the charges were applied over 6 years ago ( as it is charges you are claiming )
Did you include hardship in the claim? Had you informed the bank before / during the time they were applying charges that you were in hardship ?
What grounds did you give for reclaiming the charges ( saying they were unlawful/unfair etc ?)
CPR 3.1 and CPR 3.4 basically means they don't think you have any case to speak of ( legally ) and ask the court to just strike it out before taking it any further.

Have we got background on this on here? ( I'll have a look at your other threads two secs )

Okay not much info

http://legalbeagles.info/forums/show...497#post766497


( just looking at your previous posts, did you get the cheque from Trades Gateway in the end? They are small peanuts compared to Lloyds so don't expect this to go a similar route to that one )

Sadly I have to agree with EXC. I think you need to negotiate a withdrawal/discontinuance without incurring yourself any further costs. As they have entered their defence, discontinuing now would mean you would struggle to bring the claim again in the future if the situation changes with regards bank charges. You'd need permission of the court to bring any further claim against the bank on the same issue. However, if you were struck out by the court it would be even tougher to restart.

It is a little odd they haven't mentioned the Financial Ombudsman award in their defence, as that would preclude the claim anyway ( as a FOS ruling is akin to a judgment and binding on both parties if accepted )

They haven't mentioned any costs, they could ask for wasted costs if you discontinue, but I think with your financial situation, which they are well aware of, I'm not sure that they would bother... although the risk is there.

UTCCR - do you still have a copy of the letter you sent to Lloyds in November 2017 ? In their defence they claim you sent them a letter asking for a refund of charges due to their being unfair and disproportionate under the Unfair Terms in Consumer Contracts Regulations.


Yip, so you upgraded it ( via phone or online banking ) so you could apply for the further overdraft ?

I'm also a little concerned you have a current live debt with them for around £3k that you did have a £1 a month agreement to pay on that you've stopped paying. Do you have any idea if the debt is still owned by Lloyds ? As you seem to still have at leats 2 years before that debt would be statute barred you may find that you start being chased for payment again, potentially a future court claim against you. Is it still showing on your credit file as Lloyds Bank ? Any letters from Debt companies about it ?

Yes I have a copy of the letter. I've done it via resolver.

Yes upgraded to increase overdraft limit, eventhough they knew I was already struggling to keep within the limit. I lived on overdraft for a while.

The default is showing as Lloyd's but the account is with a debt collector ... Which ironically they reminded me about the debt when I sent a complaint on November 2017. I will call an arrange repayments.

So, if I discontinue the claim, it's best I forget about it, right?

[Amethyst]

Re: Taking Lloyd's bank to small claims

Yes I have a copy of the letter. I've done it via resolver.

Yes upgraded to increase overdraft limit, eventhough they knew I was already struggling to keep within the limit. I lived on overdraft for a while.

The default is showing as Lloyd's but the account is with a debt collector ... Which ironically they reminded me about the debt when I sent a complaint on November 2017. I will call an arrange repayments.

So, if I discontinue the claim, it's best I forget about it, right?

If you can send me a copy of that letter it would be great thanks. Which Debt collector is it with ?

I've posted the link to the discontinuance stuff, but don't leap off and do it just yet, lets make sure it's the right option first ( I think it is but you COULD look to amend if there are £2k worth of charges that would wipe out your debt and you get some help to do it and put through a formal application to amend the claim ) or ( thinking ) you could discontinue then wait and see if the DCA try and take you to court for the remaining debt, and defend of better unfair terms arguments on the bank charges ?

[Mrscurious]

Re: Taking Lloyd's bank to small claims

The charges of over £2000 was when I made the complaint in 2014 and 6 years prior (2009 to 2014). The £500 was because I made the second complaint in November 2017 and can only go back to 2011. Overall from when the charges started to finish (2014), would be well over £2000. I have all the bank statements.

I didn't think the bank would look at anything before 6 years, so I asked for 500 refund, keeping it within the limit. So how come they say it's statute barred to claim but not statute barred when they chase the debt?

Thanks I saw the link.

- - - Updated - - -

Would you be able to post a copy of your particulars of claim.

They sound like they are saying that the charges were applied over 6 years ago ( as it is charges you are claiming )
Did you include hardship in the claim? Had you informed the bank before / during the time they were applying charges that you were in hardship ?
What grounds did you give for reclaiming the charges ( saying they were unlawful/unfair etc ?)
CPR 3.1 and CPR 3.4 basically means they don't think you have any case to speak of ( legally ) and ask the court to just strike it out before taking it any further.

Have we got background on this on here? ( I'll have a look at your other threads two secs )

Okay not much info

http://legalbeagles.info/forums/show...497#post766497


( just looking at your previous posts, did you get the cheque from Trades Gateway in the end? They are small peanuts compared to Lloyds so don't expect this to go a similar route to that one )

I sent the recent complaint letter

- - - Updated - - -

Would you be able to post a copy of your particulars of claim.

They sound like they are saying that the charges were applied over 6 years ago ( as it is charges you are claiming )
Did you include hardship in the claim? Had you informed the bank before / during the time they were applying charges that you were in hardship ?
What grounds did you give for reclaiming the charges ( saying they were unlawful/unfair etc ?)
CPR 3.1 and CPR 3.4 basically means they don't think you have any case to speak of ( legally ) and ask the court to just strike it out before taking it any further.

Have we got background on this on here? ( I'll have a look at your other threads two secs )

Okay not much info

http://legalbeagles.info/forums/show...497#post766497


( just looking at your previous posts, did you get the cheque from Trades Gateway in the end? They are small peanuts compared to Lloyds so don't expect this to go a similar route to that one )

And the debt is with legal and trade

[Amethyst]

Re: Taking Lloyd's bank to small claims

Well that's just a complaint with a view to going to the FOS on hardship grounds as far as I can see. No mention of UTCCR there. Or court, did you send any letter before action at all ? or just that letter ?
Did Resolver say you had 8 weeks for the bank to respond to your complaint before you could take it to FOS ? ( and you'd already been to FOS anyway before that was sent in November 2017)

The only date metioned is presumably when you opened the account in 1985 ?

Thanks for the other info. Once bank charges are sorted there shouldn't be a time limit to go back ( much like PPI) but that's a way off. It's a shame you bunged this in to court a bit naively really as £2000 over 5 years is quite a hefty amount and you might have a half decent case - plus you've already got your statements sorted out so could calculate exactly.

Need to have a think and a discuss with someone before you do anything okay xxx

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Well that's just a complaint with a view to going to the FOS on hardship grounds as far as I can see. No mention of UTCCR there. Or court, did you send any letter before action at all ? or just that letter ?
Did Resolver say you had 8 weeks for the bank to respond to your complaint before you could take it to FOS ? ( and you'd already been to FOS anyway before that was sent in November 2017)

The only date metioned is presumably when you opened the account in 1985 ?

Thanks for the other info. Once bank charges are sorted there shouldn't be a time limit to go back ( much like PPI) but that's a way off. It's a shame you bunged this in to court a bit naively really as £2000 over 5 years is quite a hefty amount and you might have a half decent case - plus you've already got your statements sorted out so could calculate exactly.

Need to have a think and a discuss with someone before you do anything okay xxx

After speaking to you. I found some more information with regards to lloyds knowing of my situation before 2014 (as they claimed). Information about my account being sold to third party in November 2012 and my first ever letter to them with regards to bank charges back in 2013 Feb. They got their information wrong. What will I need to prove to improve my chances of winning please?

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Also, going through the SAR. I asked for evidence of the default notice back in 2014 and nothing was sent to me. They kept saying, they sent this to me on December 2012 and I showed them that I wasn't in UK then and if they have, they should atleast have the copy.

[Amethyst]

Re: Taking Lloyd's bank to small claims

Would you have a copy of the final ruling you had from the ombudsman pls.

[Mrscurious]

Re: Taking Lloyd's bank to small claims

Sent to the email provided yesterday. Thank you x