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I sued Lloyds Bank; Here's where I am at

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  • I sued Lloyds Bank; Here's where I am at

    Good morning.

    As per the title of this thread, I am currently in the process of litigation against Lloyds Bank for the recovery of bank imposed charges which I deem to be excessive, unfair and disproportionate, not to mention the charges were incurred as a result of bank imposed charges.

    So far, it's been standard proceedings, Lloyds Bank have been nothing more than obstructive, their defence is a generic template which doesn't address any of the issues raised in my extended particulars of claim, furthermore their defence was signed on behalf of "SCM solicitors", which is strange when they have just been outed for being a scam.

    Lloyds had the cheek to apply to have my claim stuck out, which a hearing was set, however a few days before they cancelled this application (surprise surprise).

    Their defence is aimed at two points, firstly their charges are set out in the terms and conditions, therefore they're right and everybody else is wrong, and that the Supreme Court case in 2009 ruled in their favour. I always thought the supreme court case simply ruled that the OFT could not launch an investigation into the fairness of bank charges under the Unfair Terms in Consumer Contracts Regulations 1999.

    Anyways, we've had our most recent directions from the court, with a hearing date set in December, and we now are required to disclose documents in which we intend to rely, and issue a witness statement.

    I'm unsure of what to do next and how to draft the above documents.

    Any help would be gratefully appreciated.
    Tags: None

  • #2
    Re: I sued Lloyds Bank; Here's where I am at

    Good morning and welcome to LegalBeagles.

    Did you find this site because of press coverage about the recent bank charges win against Lloyds at Taunton Court?

    LegalBeagles member [MENTION=608]orfoster[/MENTION] aka Oliver Foster-Burnell sued Lloyds for return of unfair bank charges and won on all points. Have you read the judgment yet? Its base on new European case law. However, the win was at County Court level so has not set binding precedent. It is subject to an appeal though which could yield help in your case or if you're determined to push forward you may wish to consider studying the case and seeking permission to amend your pleadings?

    http://www.legalbeagles.info/forums/...light=orfoster
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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    • #3
      Re: I sued Lloyds Bank; Here's where I am at

      Thanks for your response, Oliver actually recommended this site to me as I messaged him on Facebook when I heard about the successful case. I've had a scan through the judgement when I first heard about the case, the European case law was somewhat confusing to me.

      The court case is issued on behalf of my partner, who is a Czech citizen and moved here in 2010. Lloyds sold her a packaged account, bearing in mind she was only crediting £400 per month as she was working as an aupair at the time. She never missed any monthly payments on this account, but unfortunately she missed a direct debit which lead to the charging structure being applied, and they decided to apply charges which actually took her overdrawn and then applied charges for being overdrawn.

      In total she paid around £400 in charges, which might not sound a lot, but it's the principle that is most annoying.

      She was somewhat financially incompetent at the time, however she changed banks and has never had any problems in the 2 years she's been with her new provider.

      The application of charges was up to £100 a month, which would put her into the unauthorised overdraft again, and she'd be charged the following month.

      My claim is based on a number of points (I can post if it helps).

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      • #4
        Re: I sued Lloyds Bank; Here's where I am at

        Yes, feel free to post up your arguments.

        Hatosag may well be confusing but it is a critical element of Oliver's success. I can't see a case succeeding without it, as it is a higher ruling than that of the OFT in the Supreme court.
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

        Comment


        • #5
          Re: I sued Lloyds Bank; Here's where I am at

          Celestine and the OP, I think you need to take out of the equation the charges for the packaged account because I think that might be a separate issue around the question of misselling a packaged account. That part of the equation might be easier UNLESS the packaged account fees then triggered the overdraft overlimit fees, in which case, that may well be worth a look.

          Celestine, I gotta a question for you. If the bank charges are triggered by a missold product, does that still leave the EU case in play OR does that mean that the way that the case was argued to the bank re misselling leading to charges mean that the bank is liable for the charges because of a missold product?
          "Family means that no one gets forgotten or left behind"
          (quote from David Ogden Stiers)

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          • #6
            Re: I sued Lloyds Bank; Here's where I am at

            Subscribe
            Never give up, Never surrender.

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            • #7
              Re: I sued Lloyds Bank; Here's where I am at

              Welcome and Good Luck with your case.

              You'll receive some really good help and advice on your case here.

              Oli

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