Sean v's Lloyds *LLOYDS ABUSE STRIKE OUT*

**sean1** · 22nd September 2006 18:51

Thanks for your advice Martin, I was well and truly p***d off.

I was on the verge of giving up when Lloyds icon

issued their defense straight away against my claim, and it was pointed out that I had made a mistake by not submiting all the details on my claim form.

I will ring moneyclaim to amend my form but after I have read up a little more, I have ordered the 'Lawpack' book to try avoid making any more stupid mistakes.

Mean while it is reasuring to know that help is always available when all seems lost.

Sean.

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**sean1** · 23rd October 2006 18:09

Help!!

I have received a leter from the county court icon

this morning: -

***Upon the courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an appointment to have it set aside, varied or stayed within 7 days of receiving it

It is ordered that

The claiment do file and serve by (Date) full particulars of how this claim is made up.***

I thought that I had done this when I returned the AQ, I included a break down of the bank charges that I was claiming.

Has anyone else received something similar to this, I'm not quite sure what to do now.

Regards
Sean.

**freebird** · 23rd October 2006 20:10

I don't understand this one Sean, ask the mods/admin icon

if they can help..I thought our breakdowns went off months ago ?

**sean1** · 23rd October 2006 21:07

I filed my claim on line and omitted the detail of the claim in error, so I posted my break down with my aq icon

. I just sent a spreadsheet of all the charges that I was claiming line by line.

Stupid question - but how do I contact the mod/admin icon

?

Thanks
Sean.

**jonni2bad** · 24th October 2006 16:11

When you say that you did not detail your claim, are you referring to the list of charges, or did you not use the Particulars of Claim section at all?

If you used the Particulars from the site and they are referring to the list of charges, I would phone the Court and ask them to check your file to see that the aq icon

is there, along with a schedule of charges.

**sean1** · 24th October 2006 18:03

Thanks - I will do that.

When I filed my claim on line I put that I was claiming unfair bank charges.

After reading the forum I realised my mistake and sent a letter to their solicitors and also put a break down of bank charges in with the aq icon

.

Regards
Sean.

**jonni2bad** · 24th October 2006 20:08

Originally Posted by sean1

...When I filed my claim on line I put that I was claiming unfair bank charges.

After reading the forum I realised my mistake and sent a letter to their solicitors...

What I'm searching for is the wording - so are you saying that your Particulars of Claim stated "I am claiming unfair bank charges" ?

If so, what exactly did you write when you contacted their solicitors?

**jonni2bad** · 24th October 2006 23:31

Please be quite specific.......

**sean1** · 25th October 2006 18:25

Hi,

This is what I sent to them: -

Claimant _ _ _ _ _

Name:

Defendant Lloyds icon

TSB Bank

I have a contract with the defendant bank, account (_ _ _) from (Date) which is conducted on their standard terms and conditions icon

. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years icon

. The banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair Contracts Terms Act 1977 s.4and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2 (1) (e).In the event that the charges are not a penalty then they are unreasonable within the meaning of Supply of Goods and Services Act 1982 s.15.1 have asked the bank repeatedly, to justify their charges and they have declined to do so. £xxx is the amount owed. A Breakdown icon

is available.

Have I messed up??

Regards
Sean.

**jonni2bad** · 25th October 2006 19:22

The letter is fine, but on your original court claim, in the Particulars of Claim section, what did you write, precisely?

**sean1** · 25th October 2006 19:31

I wrote the following: -

'Reclaiming of unfair bank charges.'

I read on the forum that if I sent a letter to their solicitors that this would be ok?

Regards

Sean.

**jonni2bad** · 25th October 2006 19:58

OK.

I think you should also write a letter to the District Judge (unless you have been informed about a specific Judge) and state that your original claim did not particularise the claim and that you would now like to offer a more detailed explanation.

Include the Particulars of Claim from the templates library icon

(N1 version) and another copy of the spreadsheet of charges. Do this asap.

**sean1** · 25th October 2006 20:04

Thanks.

I will let you know what response I get.

Regards

Sean.

**rivendale0506** · 25th October 2006 20:15

Sean if it is of any comfort I had something like that from the court (not about the same thing that you did) but I wrote to the judge telling him I would like to amend my particulars of my claim.. included another N1,... and got an order back saying that I could and the defendant was also then provided with a copy of my updated claim by the court.. You may well have to pay a £35 fee though if you want to change your particulars of claim on another N1..

Hope this helps

**sean1** · 26th October 2006 17:49

It has helped alot - thanks.

I feel a bit of a wally, but hopefully thanks to all the help I will be able to salvage something.

Thanks again.
Sean.

**freebird** · 26th October 2006 23:00

Sean we all make mistakes along the way but we can rectify them and with all the help offered on here, you'll get there..
good luck

**sean1** · 28th October 2006 15:48

Thanks Freebird, I'm starting to see the light at the end of the tunnel and feeling more confident now.

**sean1** · 25th November 2006 21:46

Hi.
Just to let you know that I received a letter this morning from the county court icon

stating that my claim has been stayed until the 18th Dec to enable both parties to attempt settlement.

It states that on or before 02nd Jan 2007, one of three steps must be taken:

1/the claimant must notify the court of settlement
or
2/claimant / defendant must write requesting an extension of the stay period explaining steps to be taken towards settlement
or
3/all parties must file a completed AQ at the court

Does anyone know if I need to send another AQ in if 1 & 2 don't happen?

Thanks
Sean.

**GaryH** · 26th November 2006 12:06

You need to get in contact with them and ask what their proposals are for settlement, since it was them who requested the stay. Send SC&M this and also a copy to the court -

Dear Sir/Madam,

I write in relation to the above claim (put claim details at top of letter) and specifically the staying order placed upon it by the court on **/**/**.

You requested this stay to be ordered in the allocation questionnaire icon

of the defendant, in order that a settlement is reached by way of negotiation. The court has subsequently acceded to your request and I am therefore inviting you to offer your proposal's for the settlement of these matters.

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the honourable court's order in such contempt as not to respond to this letter positively and in the manner in which your request for the stay has indicated.

As such, I will expect a response prior to the date set by the court, **/**/** informing me of how you intend to proceed.

A copy of this letter has also been sent to the court.

Yours faithfully

**sean1** · 26th November 2006 20:01

Thanks Gary.

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