offered a settlement but just over half the claim

[littlesherbie]

Hi
gone through the letter sending stage, and as usual one day to go and good old lloyds post a defence, im feeling slightly uneasy about it now, i also need to pay another £100 to go to court will i need a solicitor and i might need help with the form anybody got this far that can help it would be appriciated Bev

[alanfromderby]

Don't worry, this is their way of seeing if you are serious. If you have a read through the forum you will see this happens regularly. Complete the Allocation Questionnaire, send the fee, and then wait for the offers to start.

This is the time to stay strong - and not let them brow beat you into accepting anything less than you have asked for.

[Bookworm]

And if you're feeling wobbly, have a look at the buddy sytem here. Anyone near you? If not, there may well be a bit later.

.

[sam1]

Dear Littlesherbie,

Alan is absolutely correct. This is their attempt to test your nerve. You have to remember that you carry all the aces! The charges are legally unenforceable, therefore going to court is the last thing they want to do! It would expose their shameful tactics to everyone and more importantly they would LOSE! They know there are very well informed irrate consumers, not afraid to assert their rights! In terms of business risk, it is much cheaper if they have to pay those savvy enough to challenge them, rather than expose themselves to everyone and risk really huge losses! Fortune (or a refund) favours the brave, especially when you're right! I change expressions to suit!

You have been really courageous in your actions thus far, see it through, you owe it to yourself! I've studied law, so take it from me they will cave in!

Don't just accept a refund. What has the deprivation of that money caused you to go without? Have a good think about it. You are entitled to compensation if you can demonstrate a causal link between the charges and any detriment you have suffered. Also compensation is payable just by virtue of the fact they have charged you unlawfully. Squeeze them, is my advice!

If you're near Bournemouth I'll support and help you.

Best wishes,

Sam.

[littlesherbie]

Hi
just recieved my questionaire and defence, it looks pretty similar to eveyone elses but very unsure how to fill out the questionaire and also do i have to send in my arguement for why they should pay me my money back if anyone out there can help me i would be very grateful cheers Bev

[barracad]

Threads merged - please stick to one thread

[Janet-M]

You do not need to send in a defence no , just return the questionaire.You will then probably find that you will recieve 2 more letters from lloyds solicitors .These letters 'could' sound intimidating and make you an offer telling you you are not allowed to 'tell' anyone, this is of course totally untrue .

As for your allocation questionaire fill in what you are sure of ( reading the attached notes ) then the questions you are unsure of post in here and someone will help you.

[littlesherbie]

dear sam
thanks for the support much appriciated i must admit the money would be handy i think its just the thouht of going to court that scares me, but i do owe it to myself to carry one the fight thank you Bev

[jonni2bad]

Was the form received an N149 or N150?

[littlesherbie]

Hi
it is a n149 is there a difference between the two regards Bev

[jonni2bad]

The N149 is the simpler of the two and is designed for Small Claims Track cases.

Although not a final response to these queries, the best available information you need for completing one is as follows;

***********************

Notes for completing a small claims track allocation questionnaire - Form N149

Send this back to the court, with the fee (if applicable). You do not need to send a copy of this to the Defendant.

An online PDF version of the form is HERE

Section A - Settlement

Do you wish any further action in this claim to be postponed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alternative dispute resolution?

You have given ample opportunity to resolve this matter with your bank / credit card company etc. so there is no need to allow further time. TICK NO

Section B - Location of Hearing

The claim will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard?

If the reply address is your local court, then TICK NO. If the reply address has changed to another location, then TICK YES and state that since you, as a private individual, are claiming against a company who carries on business in this location, then the case should be heard locally to you.

Section C - Track

Do you agree that the small claims track is the most suitable track for this claim?

TICK Yes

Section D - Witnesses

So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing?

Enter the number of witnesses you intend to call to give evidence not including yourself or any expert witness - Typically this would be 0

Section E - Experts

Do you want permission to use an expert’s report at the hearing?

Unless you know otherwise, TICK NO

Section F - Hearing

Are there any days within the next four months when you, an expert or a witness will not be able to attend court for the hearing?

Unless you know of specific date that you cannot attend court (holidays etc) then TICK NO.

Section G - Other Information

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents that you wish the court to consider at the hearing. This is something you will later be asked to provide. If you have not previously given a copy of the charges breakdown, showing dates and amounts plus interest, then let the court know here that you are attaching 2 copies of this with your reply.

If you have previously submitted these details, then say so here.

This would also be the place to argue for small claims track if there were any complexities, such as a claim for injunction or a claim under the Data Protection Act.

This would also be the place to argue for standard disclosure and include, subtly, that the bank has a ‘fiduciary duty’ and so has a duty to disclose the basis of it’s costs to you, as there is some doubt that that it is dealing in good faith as required by thefiduciaryrelationship.

Also a good place to bring to the notice of the judge thatthere should be an order for this disclosure as the bank commonly asks for set aside and then settles, and is merely using the justice system as a means of intimidating its customers.

Section H - Fee

Have you attached the fee for filing this allocation questionnaire?

You should note that if you do not pay this fee it might lead to your claim being struck out.

If you are the claimant, depending on the value of your claim, you may have to pay a court fee, typically for £100, but this is reclaimable as part of court costs.

If you have not applied for fee exemption or remission, the fee must be sent to the court at the same time as your completed questionnaire - in other words, you could get help from the court.

If you are in receipt of certain benefits, or if this fee would cause you undue hardship, it may be possible to pay nothing, a reduced fee, or even have the payment deferred until a later time.

Contact the Court directly if you think this applies to you.

Section H - Signature

This questionnaire must be signed only by the party to the claim, or litigation friend, or legal representative.

[littlesherbie]

jonni2bad thanks for you help and support i really appriciate it i will fill it in and fingers crossed i will hopefully get a settlement, i will keep you posted thanks again Bev

[littlesherbie]

Hi
have sent off my questionaire the deadline was 25th june but haven't heard anything from anybody is this standard, or are they trying to make me sweat, it seems some people have recieved a letter from lloyds solicitors a couple of days after sending in there questionaire should i be worried. Bev

[reload]

As far as I know Bev, that's right - the court are probably processing the details and you'll get a court date through shortly. It's only one day since the deadline, after all.

You may want to get in touch with your local county court and find out whether Lloyds have filed their AQ or not - if not you should apply for a judgement. If they have, then back to the waiting game

[Lusky]

I am in the same boat. Sent my AQ back a while ago, the due date was today. Checked with the court and Lloyds have filed their AQ. Think they are are just trying to string us along a bit longer now. I know A lot of people have received their settlement offers by this stage but think we just need to be patient. No way will they let it go to court.