Kent vs Lloyds ** WON **

[Kent]

Hi all

OK i am claiming £2295 back from Lloyds. I have done all the letters and resistered the claim on the Moneyclaim website. Lloyds have acknowledged the claim. I see form other threads that at this point i should send a letter to their solicitors with the break down of the claim.
Does anyone have the address handy? Cannot seem to find it on here?

Cheers

[Kazzie]

Hi kent, address is;

Sechiari Clark & Mitchell
P.O. Box 499
Upper Ground Floor
1 - 5 Queens Road Quadrant
Brighton
East Sussex
BN1 3XJ

[Kent]

Cool thanks.

By the way....Lloyds have untill around the 6th June to send their defence in. I am away on holiday until the 18th June. Does anyone think that will be an issue? I assume that once they defend i will receive a questionnaire to fill in. Does anyone know how long to get to complete this?

[BARTY]

Hi
There will be no problem with you being away. If you do get an AQ, you usually get a couple of weeks to fill in it, but a lot of Courts are doing away with these anyway:
Is your court dispensing with the Allocation Questionnaire?

Good luck, let us know how you get on.
Barty

[Kent]

Hey guys

OK Lloyds have defended the case on MCOL on the 5th June (their 28days was up on the 6th June). However i have still not received a defence from them or anything for the courts. Anyone know how long this normally takes?

Cheers gang...

[BARTY]

Hi
The Courts are so busy now with all the bank charges claims, maybe give them a few more days and then ring MCOL.
Barty

[Kent]

Thanks for the help Barty.

OK i have eventually received the defence from the court. It has 5 points In summary:
1) Statement of Claim is insufficiently particularised et..etc..
2) Defendant will object to Particulars of claim etc...etc..
3) Particulars of claim to vague etc..etc..
4) Claimant should be ordered to file and serve an amended claim etc..etc..
5) Defendant should be given opportunity to defend the proceeding further etc..etc..

Is this a standard defence? Any ideas what i should do next??

[nicsussex]

Sounds like your POC are wrong can you post up what you wrote?

[Kent]

Do you mean what i put on the moneyclaim website?

[Kent]

Sorry silly question. I wrote on my POC's the following:

The Claimant has an account XXXXXXXX
with the Defendant, opened XXXXXXXXX. 2.
Since XXXXXXX the Defendant debited
charges and interest in respect of
purported breaches of contract. 3.
Defendant is aware of all details as a
list of charges has already been supplied.
Another copy will be sent. 4. Claimant
contends: (a) The charges exceed the
Defendant's losses caused by the breaches;
(b) The Term permitting the Defendant to
levy such charges is unenforceable under
the Unfair Terms in Consumer Contracts
Regulations 1999, Unfair Contract Terms Act
1977 and at Common Law. 5. Claimant claims:
(a) return of the amounts debited of
£2,295; (b) Interest per S.69 County Courts
Act 1984 of 8% - £513.25 continuing at 8%
until judgment or settlement at a daily
rate of £0.62; 6. Alternatively, if the
charges are a fee for a service, then they
must be reasonable under S.15 of the Supply
of Goods and Services Act 1982.
7. Costs allowed by the Court.

I think i read somewhere that what ever you put on the Moneyclaim website they answer with that defence as standard. Is this not the case?

[nicsussex]

Their standard defence is a 9 point defence have a look here

The "Claim Too vague" defence and guide to amending a claim

[Kent]

Thanks for the link Nicsussex. I have had a look at it, but it does not seem relivant to my 5 point defence.

Do my poc's look OK?
Has anyone else had a defence like this?
Any idea how to proceed?

I may be worth mentioning that i have been told i dont need to submit a AQ on the court notice.

[Kent]

Can anyone help the above?

[Kent]

Hi All

Sorry to be a pain, can anyone help here? Has any one else had this 5 point defence? I have checked my POC's i submitted against the template and it seems OK. Any ideas?

Thanks

[redeyedamo666]

Your POC's are definitely ok. I used the same template and I received the 9 point defence.

Not sure why you have received a 5 point defence. Have you sent SCAM a schedule of your charges?

[Kent]

Yes i sent them recorded delivery to the court and SC&M.
I did not include the court fees on them though. So the total would be £120 different from the total i have put on the website.
Would that be the issue?
Do you include the court fees?

[redeyedamo666]

No you wouldn't include court costs on the schedule of charges so I can't see what you have done differently to myself???

[Kent]

Vey strange.
Any suggestion what i should do?
Should i sit tight and wait fo the court to respond?
I assume the judge will look at it and either give us a hearing date of throw it out of court. Is that right?

[redeyedamo666]

I really don't know what to suggest. I'm inclined to believe that SCAM have just made another one of their now famous cock ups and that you should just not worry about it.

Maybe try phoning SCAM and asking them about their defence, telling them that your POCs are identical to other claimants'?

[Kent]

OK cool thanks for your help. will give it a go.
Has anyone else contacted SC&M direct? Dothey answer questions on the phone about specific cases?