Lloyds TSB Sisting (Staying) your case.

[Davy-m]

Hi All,

This is my first real post apart from saying hello. I was at court today in Paisley Sheriff Court in Scotland to oppose the Sisting of the case my son has brought reclaiming penalty charges form Lloyds TSB.

Lloyds TSB had a QC in attendance (I think he was there representing several companies but not entirely sure). When we were called I stated my case for opposing the Sist as follows:

I said that I felt it was inappropriate to sist the case based on the OFT v Banks case for the following reasons.

1. The arguments in that case are not yet fully adjusted and it may be considerable time before a resolution is reached.

2. That this case is not a test case as any decisions regarding penalties will only be binding in England.

At this point the QC started to indroduce the issue of, a multiplicity of cases that would take up valuable court time, and it would be better to await the results of the OFT v Banks case.

I was just getting excited as he had referred to something that had not been mentioned in the Incidental Application to Sist. Then the bombshell!! :tinysmile_aha_t:

The Madam Sheriff held her hands up and said she would have to relinquish jurisdiction in this case as she was a shareholder with Llloyds TSB and the case has now been continued until August 1st. I genuinely do appreciate her honesty.

Think I'll go and buy a Euro Lottery ticket, what with the luck I have lol.

On a brighter note, when we left the courtroom the QC approached me and shook my hand. He said "I'd just like to tell you that I heard alarm bells this morning" I am grateful to him for that as I am now more sure that the argument I used is sound.

I'll keep you posted with any developments.

Davy-m

[Sapphire]

Re: Lloyds TSB Sisting (Staying) your case.

Well done Davy-m it certainly sounds like you handled yourself expertly in Court.

Will look forward to the next instalment.

[Guest]

Re: Lloyds TSB Sisting (Staying) your case.

Good work and well done.

Keep us posted.

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case. RESULT

Well done Davy-m it certainly sounds like you handled yourself expertly in Court.

Will look forward to the next instalment.

Well the return match was today in Paisley Sheriff Court, Renfrewshire in Scotland.

I turned up and waited an hour and a half. I was expecting to have to go up and say all the things said on the 11th July.

Didn't need to say a word. The Sheriff called us and we both approached the bench. He said to the Lloyds' Counsel, " I've heard your evidence so many times over the last 9 months but I'll listen to it if you want me to, maybe something has changed".

Well, nothing had changed. The same old banks' rhetoric about the test case blah blah. After listening to him the Sheriff said that the law concerning charges in Scotland were different from those in England. He said when they finally reach a decision on charges in England the outcome will only be persuasive in Scotland and certainly not binding on Scottish Sheriffs.

There is now a proof hearing on the 31st October. (Should I dress up? lol). So to anyone in Scotland who is fighting any bank. Don't sit back and allow them to sist the case. Turn up and I think you'll find that Scottish Sheriffs aren't keen to let the English judicial system control how they make their decisions.

Good luck to everyone. I'll keep reading and will let everyone know how the actual proof hearing goes.

Regards,

Davy-m

[Paule]

Re: Lloyds TSB Sisting (Staying) your case.

Thanks for the update Davy, sounds like you're doing a good job and have a handle on your case

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

Meant to say that the Counsel for Lloyds TSB Scotland plc was in the courtroom all morning and never dealt with any other case. He left at the same time as I did. How much is this costing them? That's twice they've done this. I am only claiming £340. Anyone know how much these people cost?

The Sheriff also said to the Counsel that he remembered him from a case in Dumbarton were he was trying to get a case sisted where the amount claimed by the pursuer was a mere £39.

Looks like Lloyds TSB are more worried about delaying the cases than actually fighting them.


Davy-m

[scottishlass]

Re: Lloyds TSB Sisting (Staying) your case.

Hi Davy-m,

Well done must say I do like this bit

Didn't need to say a word. The Sheriff called us and we both approached the bench. He said to the Lloyds' Counsel, " I've heard your evidence so many times over the last 9 months but I'll listen to it if you want me to, maybe something has changed". :tinysmile_grin_t:

Let us know how you get on

SL xx

[Budgie]

Re: Lloyds TSB Sisting (Staying) your case.

Senior Barristers ( QCs ) generally charge around £300 - £500 per hour and junior Barristers usually around £100 - £300 per hour, plus VAT of course !!!

It's not just Court appearance time that must be taken into account there is obviously preparation and travel time as well, but usually at a lower rate.

With two Court appearances so far it is therefore pretty obvious that Lloyds have already spent more on legal costs than the total value of your claim.

Silly isn't it

Budgie

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

Hi Davy-m,

Well done must say I do like this bit

Didn't need to say a word. The Sheriff called us and we both approached the bench. He said to the Lloyds' Counsel, " I've heard your evidence so many times over the last 9 months but I'll listen to it if you want me to, maybe something has changed". :tinysmile_grin_t:

SL xx

Will do and thanks. Looks like even if they win they lose given the amount of money their spending.


Davy-m
------------------------------- merged -------------------------------

Senior Barristers ( QCs ) generally charge around £300 - £500 per hour and junior Barristers usually around £100 - £300 per hour, plus VAT of course !!!

It's not just Court appearance time that must be taken into account there is obviously preparation and travel time as well, but usually at a lower rate.

With two Court appearances so far it is therefore pretty obvious that Lloyds have already spent more on legal costs than the total value of your claim.

Silly isn't it

Budgie

Cheers Budgie. Never knew it was that much. And they still have to come back on the 31st of October.

Davy-m

[Paule]

Re: Lloyds TSB Sisting (Staying) your case.

I have the bill from Barclays barrister and it was £210 to attend court against me.

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

Received a letter from Lloyds TSB (Brighton) on the 6th August. The date on the letter was 31st July.

In the letter they stated that they had removed all my phone numbers from their records and all future communications would be in writing. I assume because I threatened them with the Protection from Harassment Act 1997.

http://www.opsi.gov.uk/acts/acts1997/ukpga_19970040_en_1

It also said in the letter, that if we raised a claim in the small claims court, they would automatically apply to have the case put on hold awaiting the result of OFT etc. It said that all cases concerning reclaiming of bank charges were being put on hold and that this is true under every jurisdiction, including Scotland. I took great pleasure writing back to tell them that their request to freeze my case had already been rejected by the Sheriff.

You can see from my earlier posts that they seem to be caught in some sort of time warp. Don't their departments communicate with each other?

Why do they involve so many factions in these issues? Two different Lawyers, two different Lloyds’ departments, one Collections Agent, two Bailiffs at my door, two Barristers, and an Asian call centre. Do you think they are trying to scare folk or confuse them? There’s a song in there somewhere.

The main reason I felt the need to make this post is that I read somewhere about the Misrepresentation Act 1967. This act apparently makes it unlawful to mislead people, whether it is done knowingly, in error or carelessly. They must be trying to mislead for self gain I believe.

Anybody familiar with this law? Could it be applied to a downright lie like the one I was told in this letter?

Sorry if this seems a bit of a rant. That latest letter just wound me up.

Davy-m

[Davy-m]

Success at last

SUCCESS. Received a letter today form Lloyds TSB Scotland plc. settling my claim in full. Part of the text in the letter was as follows: " In the meantime, this letter is written without prejudice to our client’s whole rights and pleas and may not be produced, exhibited or founded upon except (a) with their express written permission or (b) at their insistence."


Does this mean I can't post the whole letter? I have still to finalise my acceptance.


Cheers,


Davy-m

[Guest]

Re: Lloyds TSB Sisting (Staying) your case.

Hello Davy and well done!

If you want to be able to produce that letter at some stage, or for example, post it here then you are at liberty to reject their statement of confidentiality and you can tell them that you refuse to be bound by it.

I doubt that it will affect your payment - which I guess has not cleared with you yet?

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

Hello Davy and well done!

If you want to be able to produce that letter at some stage, or for example, post it here then you are at liberty to reject their statement of confidentiality and you can tell them that you refuse to be bound by it.

I doubt that it will affect your payment - which I guess has not cleared with you yet?

Thanks. I will need to call them on Monday or at least some time during the week. The letter was only one page and from a solicitor. They say they are going to send a cheque that I should use to pay the charges they have imposed. Very odd I think. The cheque is for a fair bit more than the original amount claimed. Any views as to why they are sending a cheque for everything instead of just cancelling the charges and interest?

Regards,

Davy-m

[Guest]

Re: Lloyds TSB Sisting (Staying) your case.

You mentioned above that your claim was for £340. Is this £340 that you have actually paid and do you still bank with Lloyds?