joa v LloydsTSB ** WON **

Joa · 3rd May 2006, 11:16

I wanted to do it properly so I went to court in person to file my claim. Plus I thought it’ll be better to be able to attach various documents like my interest excel sheet and the transcript of the McNamara interview. I asked the court to allow me to use the CD player during the hearing too. I am amazed at the amount of adrenaline that was cruising through my veins! I am often in court with clients so I wasn’t intimidated but nevertheless, I am ever so worried that the bank will hassle me and go right up to the wall- by for example settling just before the date of hearing. I have seen the survey and it seems, that on average, Lloyds settles pretty soon, but the survey talks about online claim. From your experience, how late has Lloyds left it to settle when the claim was filed in hard copy? Little trivia: court clerk told me that I have to put (a firm), next to Lloyds address, in brackets, as there was no individual person named on my claim.

Bookworm · 3rd May 2006, 11:36

Well, think of it this way: The longer they wait to pay up, the more interest you'll gather!!!

Well done, keep us posted.

Joa · 3rd May 2006, 11:40

aah, so, the interest keeps ticking on? I was under the impression that it stops at the date of claim, as totaled up on a spreadsheet. Thanks Bookworm.

Spiceskull · 3rd May 2006, 11:45

If the claim was worded as per the template, it should have said something like "The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from [START DATE] to [CLAIM DATE] of £[AMOUNT] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%."

As Bookworm says, the longer they drag it out, the more they will have to cough up. Good luck.

Bookworm · 3rd May 2006, 11:46

If you have added the s69 county court interest things properly, you have written this on your form: ""The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. "

The last bit means it keeps ticking until they settle, yes.

Spiceskull · 3rd May 2006, 11:50

At last - we speak with one voice...

Edit: Didn't last, did it?

Bookworm · 3rd May 2006, 11:51

Quote:

Originally Posted by Spiceskull

at a daily rate of 0.022%.

Not 0.022%. Daily rate of xx pence.

Spiceskull · 3rd May 2006, 11:54

Quote:

Originally Posted by Bookworm

Not 0.022%. Daily rate of xx pence.

? How can you know what the 'pence' rate is?

Quote:

Originally Posted by Bookworm

at a daily rate of {enter the daily rate of interest}.

Joa · 3rd May 2006, 12:01

I've put " Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just." as per the Bank Templates Library, , hard copy version, 4. Particulars of claim - N1 - updated version now available
As there (probably) won't be a judgment, not much chances for the court to change the total on the interest.
Well, it has to be enough, too late for knicker-twisting. Right?

Spiceskull · 3rd May 2006, 12:04

At the end of the day, if you are happy with what you get back, then there is no point souring the satisfaction over a few pence...better to get straight down the pub and celebrate...hope it goes well.

cajdad · 3rd May 2006, 23:40

Quote:

Originally Posted by Joa

Little trivia: court clerk told me that I have to put (a firm), next to Lloyds address, in brackets, as there was no individual person named on my claim.

Clerk was wrong I think. See the Notes for Claimant (N1A) that you get with the claim form (N1). You only have to put "a firm" if its an unincorporated business. Lloyds TSB is a company. Or maybe you confused the clerk by not putting "plc" after the name?

Anyway I'm sure it won't matter.

Joa · 30th May 2006, 23:11

I am expecting to have to fork out £100 for the questionnaire. Could I ask for it back when the bank folds and makes an offer?

jonni2bad · 30th May 2006, 23:16

Yes, this is reclaimable. It will be added to courts costs at the end.

Double check it is!

Janet-M · 8th June 2006, 16:59

Moderated threads merged please keep to the original thread when updating

Joa · 17th June 2006, 14:14

I was reading through different posts and have noticed that whilst some of us get settlement offer in the same envelope as defence or even earlier, others are being dragged through the procedure to the very last minute. I have filled my AQ and sent off a week ago. Called LLoyds' solicitors couple of times with a cheeky: so when is your client planning to settle? but they are not letting up.
So I wonder; do they settle quicker if the amount claimed is lower? Or credit history better? What is the trigger here?
I am claiming over £3700 so maybe they have to ponder a little bit...
I am so up the sh** creek, like many of us, so it's on my mind constantly.

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