Ianfm v LloydsTSB ***SETTLED IN FULL***

[ianfm]

I have received the standard letter saying that LloydsTSB will not agree to my claim of unfair bank charges. I am going to complete the documentation on line to start small claims proceedings. However this facility is only available to individual claimants and the account I have is a joint account. Do both persons named on the account have to file a claim in joint names or can one name on the account do this.

[HD]

I presume you have sent a Letter Before Action abnd waited for 14 days after sending it. If you both have control over a/c you can initiate proceedings on your own.

Please make sure you read all of the FAQ's, if you haven't already done so

[jonni2bad]

Hi Ian, welcome aboard.

Obviously your post doesn't indicate what parts of the process you have completed etc, so that's why the above post is seeking clarification.

If you've done the letters and allowed the timescales, then yes, the court action can be started by just yourself.

John

[sharemaster2]

Dear Ian,

Seems you are not follwing the right procedure from your question. Please read the FAG so you get it right. Don't barge at the BANKS and probably get it all WRONG. Read the FAG and remember to be singed in when you do.

Good LUCK!!

[jonni2bad]

Originally Posted by sharemaster2

Dear Ian,

Seems you are not follwing the right procedure from your question. Please read the FAG so you get it right. Don't barge at the BANKS and probably get it all WRONG. Read the FAG and remember to be singed in when you do.

Good LUCK!!

Let's not jump to conclusions here - the fact that Ian has received a fob-off letter would at least suggest that he had written one in the first place.

Oh, and it's FAQs not FAGs!! They're bad for you, FAQs are good for you!

[ianfm]

Soory all. I should have said that I had sent the letter before action giving the statutory 14 day notice. The 14 days actually runs out tommorrow but I had a response from LloydsTSB five days after I sent them the letter before action.

Thanks I will start the next step and keep you updated.

[HD]

Sorry for doubting you Ian. I just wanted to check that you weren't making an error that could cost you later.

Let us know how you get on

All the best

[Movingon]

The STATUTORY 14 days notice?? I don't think so... which law says you MUST give 14 days notice?

[jonni2bad]

There isn't a law that says you must give a certain amount of notice, but a court would expect a reasonable period of time to be given to try to resolve things before they were called upon to act.

This is typically seen as a calendar month.

Letter 1 gives 14 days, and the LBA another 14 days - 28 in total as a minimum.

I gather the word statutory as used above is perhaps more aimed at 'our' rules for case guidance.

Just a guess.

[ianfm]

I was using the word statutory more to make the point that I had followed the 14 day rule which appears to be the best practice procedure advised by the forum

[jonni2bad]

Originally Posted by jonni2bad

...I gather the word statutory as used above is perhaps more aimed at 'our' rules for case guidance.

Just a guess.

You see - I'm not as thick as I might look!

[ianfm]

Lloyds had until the 5th July to file a defence for my claim of £500 plus interest. I have just checked the moneyclaim site and have a message saying:

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

Presumably they intend to fight this out in my local CC. I do not have details of what the defence is but presumably before the hearing date I will get these particulars. However according to Moneyclaim the defence was filed on the 2 June 2006, this cannot possibly be correct because the claim was not served until the 7th June 2006.

[reload]

Hi Ian,

Looks like standard process for Lloyds, as far as I can tell. The next step is for you to receive a copy of your local county court's Allocation Questionnaire, along with a copy of the Bank's Defense - you may wish to check my Template Response thread (try a search) to see if their defense differs greatly in any way.

Sometime just before the due date for the AQ right up to before actually going to court, you will more likely than not receive a full and final settlement offer from Lloyds - or rather their solicitors, Martineau Johnson or Seharrchi Mitchell and Clarke (SP).

Bear in mind however that it may - may come down to you having to go before the judge and proving your case. It'd be worth your while to start preparing yourself if it comes to it.

As for the dates - I'm guessing someone at Northampton put the wrong digit in and forgot we'd changed months - shouldn't cause an issue with your claim, but may be worth phoning Northampton CC and letting them know

[ianfm]

Thanks for that reply and advice. I will let you know how things progress.

[ianfm]

I received my AQ today with details of the defence that Lloyds have put in. from what I have read in the forum it looks like standard wording that they use for most of the defence to claims made to them. What I am not sure of is that they put in the following:

In the premises:
the charges are for banking services, and are not damages or penalty

I am sure I read somewhere that a returned item fee, or an overdraft charge cannot be a service charge but is a penalty, or have I got it wrong. I need to be sure if I have to attend court.

When I put in the claim I just put the total charges they owed me of £500 plus interest plus court fees, I did not send in an itemised statement. Do I do this now at this stage and attach it to the AQ or wait until I go to court? at the moment Lloyds don't even know how I arrived at the claim figure, unless they have had someone work it out from their own records.

[walgrave]

It looks as though you're on the same timetable as me. They have until tomorrow to file claim but haven't received anything yet apart from the message about claim being transferred.

Who is the silicitor on your claim? Mine is Sechiari Clark and Mitchell in Brighton.

My local court is Northampton so I don't know why the claim has been transferred.

Good luck anyway - I'll watch your thread with interest!

[ianfm]

Same Solicitors, Secharii of Brighton.

I will keep you updated.