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Lloyds Older Charges Victory!

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  • Lloyds Older Charges Victory!

    Hi All

    I just wanted to share with you my recent experience with Lloyds TSB.

    I started this claim back in January. All very standard apart from the fact that half of the charges fell before 2001.

    After much agonising, I decided to file a claim against them using a tailored Particulars of Claim addressing the Limitations Act issues. This POC was a hybrid created by many Caggers, but I wrote the specific arguments about the Limitation Act 1980.

    There is a lot of disagreement about whether to even mention older charges in a POC, as it gives them a head start, so to speak, to try and get those older charges disregarded. My logic was simple, this isn't going near a court, so I may as well come at them hard and seem like I know what I'm doing!

    In my case it worked rather well because Lloyds clearly didn't even read the 8 pages of POC that I sent them. They fired back a standard template defence with no mention whatsoever of the older charges. In addition the Defence was signed as a Statement of Truth, some 6 weeks before I'd even filed!

    I felt I had them over a barrel, so one week after the Berwick case (a nervous time for Lloyds claimants!) I filed an N244 application to strike out their defence as an abuse of process.

    I paid £35 fee to have the judge look at it, and clearly he agreed because he called a hearing on 19th July to decide if the defence should be struck.

    Bearing in mind we still haven't been allocated and are potentially months away from a full hearing, I saw this strike out hearing as an opportunity to chivvy Lloyds along a bit.

    I rang Sechiari Clark and Mitchell last Thursday and they informed me the claim had been settled in full. A cheque was waiting on the doormat the next day.

    All charges, all interest, all court fees. £4300 ......nice

    Kate

  • #2
    CONGRATULATIONS Kate!! Shocking how bad that it got just to send a standard template out.

    Comment


    • #3
      Well done Kate!!!

      Just shows their recent 'wins' mean nothing.

      Comment


      • #4
        Well done Kate!
        Thats a help to me as I was wondering whether or not to try and do Lloyds, as our account closed in 2001. I haven't got any statemnts, do I go the normal SAR route or is it different for pre 6 years charges? Any advice gratefully received, and I'll start my own thread.

        Wendy
        Is no longer here

        Comment


        • #5
          Yes, SAR. They should send you ALL the information they hold on you and not just what they choose to and not just going back 6 years either.

          Comment


          • #6

            CONGRATULATIONS
            Nat West 1 £9k settled AQ stage.
            Nat West 2 £126 settled LBA
            HSBC practice run £1330.00 settled on the Court doorstep....almost.

            Comment


            • #7
              Well done Kate! Nice to see the beautiful avatar back
              When we love, we always strive to become better than we are.

              When we strive to become better than we are, everything around us becomes better too.

              Paulo Coelho

              Comment


              • #8
                Re: Lloyds Older Charges Victory!

                Go to your local branch and they should have all the statements still on there computer you may have to pay £10 get them printed out and check out the oliver foster burnell case and look up all the acts that you need also information.

                Comment

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