WON !!!! - Orfoster v Lloyds Bank Charges in Hardship case - court 28/1 - WON !!!!!

[orfoster]

Hello,

Advised to come and share ongoing claim against Lloyds that is due for hearing on 28th Feb.

So here goes....I will post up.

POC's
Defence (may be later on if I don't have electronically)
Witness Statement
Their WS.

Cheers

Oli

[orfoster]

Re: LLoyds BCOBS/DPA Claim

Here is my Witness Statement......

[orfoster]

Re: LLoyds BCOBS/DPA Claim

Here is SCM Witness statement.

Their amended defence will be put up tonight as I don't have it electronically in the office.

Cheers

Oli

[Amethyst]

Re: LLoyds BCOBS/DPA Claim

Just to make sure I've understood correctly, you are in court on 28th February for a refund of bank charges and interest applied to a current account despite having notified the bank of financial difficulties and entered into a DMP with payplan to repay the debt on the account. After entering the DMP and the bank accepting your payment offer they defaulted you and the ICO agree that the default was erroneous.

[orfoster]

Re: LLoyds BCOBS/DPA Claim

Yes that's correct.
The bank have since the claim was issued backdated the default but in my view and following ICO advice haven't backdated it far enough (I'd be prepared to accept it if they did backdate to September 2008) which was 5 months after this account went into difficulty.

[orfoster]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

Here is the ICO outcome letter...is there anything else you'd like to see?

[leclerc]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

Their defence, ie SCM does not show that they have actually read your particulars since nowhere have you stated that the charges are a penalty. Orfoster, where is point 11???

Furthermore, I don't disagree with points 6 through to point 10.4, merely that I find them not necessarily relevant to your case.....interesting....

[orfoster]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

Their defence, ie SCM does not show that they have actually read your particulars since nowhere have you stated that the charges are a penalty. Orfoster, where is point 11???

Furthermore, I don't disagree with points 6 through to point 10.4, merely that I find them not necessarily relevant to your case.....interesting....

Hello,
When I received their defence it confused the hell out of me.
Well in my other claim in the bundle they reference in many places that they've filled 'on behalf of the claimant' lol.

Exactly, I don't get why they're going down that path because that isn't what my claim is really about.

[Sparkie1723]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

I note that Lucy Brewster is a team leader at Lloyds TSB .....is your dispute/claim with Lloyds TSB or with Lloyds Bank.........remember they are two different legal entities now they have split Lloyds TSB up.
Just more ramblings of senile ole Sparkie

[Sparkie1723]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

http://www.theguardian.com/money/201...ds-split-means

I wonder if this is any help to you........just bouncing ideas.
Sparkie.

[orfoster]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

I note that Lucy Brewster is a team leader at Lloyds TSB .....is your dispute/claim with Lloyds TSB or with Lloyds Bank.........remember they are two different legal entities now they have split Lloyds TSB up.
Just more ramblings of senile ole Sparkie

This claim was raised back in August...when they wrote that witness statement a few weeks ago....what implications would this have?

[orfoster]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

Would anyone of you kind folk be willing to assist me in writing a Skeleton argument for my claim?

[EXC]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

BCOBs doesn't apply to bank charges or any charges or overdrafts.

''BCOBS does not contain rules on the level of prices. However, it does require firms to provide information to consumers on interest rates and charges.''

http://www.fsa.gov.uk/Pages/Doing/Re..._a/index.shtml

''BCOBS will not cover all retail banking products and, for example, overdrafts and credit cards will fall outside the scope of BCOBS and continue to be regulated by the OFT.''

http://fwarchive.ifslearning.ac.uk/f...Lunn/16987.cfm

[orfoster]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

Am now massively concerned really....sorry was advised somewhere else that BCOBs would be a course of action for me. Apologies I thought it was!

Ok so, I do have a DPA claim in there as well. Odd that the judge hasn't simply struck out my case or that the other side hasn't.

Damn it!

[EXC]

Re: VIP - Orfoster v Lloyds Bank Charges in Hardship BCOBS case - court 28/1

No need to apologize. CAG have done a comprehensive job in misleading people over the application of BCOBs, which is in fact very limited in its scope and only applies to deposit taking activities.

Going by their witness statement Lloyds haven't looked at your POC yet.