Wp Vs Lloyds Bank - **WON**

[wp]

just filled in the claim form at moneyclaim.co.uk ,previously sent 2 letters to lloyds asking for £405 back in charges. got 2 pre-printed letters back telling me i wasnt getting it back ,waited until the 14 days was up and filed a claim.cost £50 but hey if i get i back its worth it......i`ll keep u posted.

Good Luck then!

Louise x

[wp]

bank now intending 2 defend claim ,suppose i must wait until 28 days 2 find out what the outcome will be...
just a quick question..when do i start to collect my evidence 4 the courts i.e put my case together,shall i do it now or wait until the court date is set.....

[barracad]

It is unlikely to get to an actual hearing, but there's no harm in getting everything prepared now 'just in case'.

[wp]

just recieved a letter from martineau johnson saying "we suggest you re-read the particulars of the claim.you have clearly used a precedent without inserting the correct information,and the particulars of claim are incomprehensible".
they then invite me to provide details of account-charges claimed and full dteails of interest.
they then say they will give me 7 days to provide these or they will ask the court to strike out the claim.
wot does this mean and wheres my court question aire..

[reload]

Hi wp,

Could you post the particulars of your claim here so we can see it and comment? It sounds as though Lloyd's solicitors have spotted an error in your claim, and are looking for a way to squirm out.

As for the schedule of charges - have you filled out the spreadsheet with interest? Presumably you have as you have already filed the claim. Lloyd's solicitors are after a copy of this so they can verify what you are claiming - they are within their rights to do so.

[wp]

i havent got a scanner so i just condensed it to what the letter basically said.
i was under the impression that i would recieve a court allocation questionare in which i could put down all the info they needed..

[reload]

hi wp,

The particulars of the claim are your reasons for filing the claim - the paragraph of no more than 1000 words and 26 lines which you would have had to enter to file your claim online through www.moneyclaim.gov.uk. The solicitors are suggesting there's something wrong with it: Without seeing it, there's not a lot we can do to help.

The court allocation questionnaire comes after Lloyds have filed their defense with the small claims court. Have they done so, yet?

[wp]

ps claim number is 6qz32662.
they have also sent a list of info stating that i was aware of the charges ect.and that the bank is suppling a service..if they can fill out a 2 page letter stating this then surely they know what the claim is about..

[Janet-M]

We really need to see what your claim says before we can make a comment ,I know its a pain but if you are unable to scan it you will have to type it in here .Might be a lot of work but better then getting your claim struck out.

[closey]

In addition to what reload said could you also let us know what the letter said in full?

I wouldn't worry too much. Judging by this firm solicitors it wouldn't surprise me if this was a scare tactic. I am sure once we have all the information in context we can get this resolved.

[Janet-M]

Originally Posted by wp

ps claim number is 6qz32662.
they have also sent a list of info stating that i was aware of the charges ect.and that the bank is suppling a service..if they can fill out a 2 page letter stating this then surely they know what the claim is about..

that is a standard response . if you look at my claim mjanet v lloyds then you will see I have the same reply and have put their replys in my thread

[reload]

RE: Lloyds defense, have you actually recieved notification from the bank that Lloyds have filed a defense? Usually includes a copy of that defense for you to read. Also - your status on www.moneyclaim.gov.uk will probably say 'defense filed' if they have done so.

As mjanet says though - we really, really need to see the particulars of claim if we're going to help make any corrections necessary for you.

[wp]

yes they have filed their defence,that also came with the letter.should i just email all the details to their solicitor.

[Janet-M]

NO , don't do anything until you have shown us what your claim says

[wp]

OK

[BankFodder]

You are receiving the usual treatment from the solicitors. It has all been referred to many times in this forum and in this section.

have you read through the materila. If not, then you should do.

Send them a schedule of charges. You should already have done so.

Even if your particulars was not correctly punctuated, Martineau has received anough of them - and settled every one - to know what it is all about and the court will understand fully as well.

600 years ago a claim could fail because of a comma in the wrong place. Most of us have moved on since then - clearly some haven't.

Send them a schedule of charges without coment.
Check your punctuation on your POC. Give it to two or three peope to read and if they cannot make head nor tail of it either then you know there is a problem. Correct it and send a corrected version to Martineau and to the ocurt. Just press on but if your POC is difficult to follow because of poor wording or puncutation then you shoudl probably ask yourself why did you send it out like that.

Read the forum material throughly and you won't get into panics.

Don't worry, nothing you have done is fatal.

if they want to have the clim struck out then it will mean a cosy little hearing in front of a judge who will be fed up and realise that it is a solicitor just getting techical with a layperson and that at their age they should know better.
And so should their client.

[wp]

here goes with the letter ....

dear sir
yourself v lloyds tsb

we are in receipt of your claim against our client lloyds tsb.we suggest you re-read the particulars of claim.you have clearly used a precedent without inserting the correct information,and the particulars of claim are incomprehensible.we enclose a copy of our letter to the court on this issue.

we invite you,within the next 7 days to :
1.provide us with full details of the account reffered.
2.give details of the charges claimed,specifying each and every charge and when debited:and
3 full details of the interest claimed,with dates and amounts.

in the event that you do not provide these, we will ask the court to strike out your claim.

to preserve our clients position,however we have filed a defence without prejudice to our intention that your claim is an abuse and a copy of that defence is attached.
yours
martineau johnson


they then attach a copy which reads



we act for the defendant in this matter and enclose our clients defence.a copy id being sent to the claiment.we have filed this defence without prejidice to the defendant`s right to strike out this claim which is frankly incomprehensible.the claiment has clearly used a precedent ,but has failed to complete any relevent information.we refer this matter to the court and ask taht this claim be considered an abuse ,pursuant to cpr 3.4.we have written to the claiment today to sak for full particulars , and in the absence of thes we beleive tha claiment should be struck out.the defence is filed without prejudice this contention.



so what next