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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
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
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