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Hello everyone, I'm sorting a claim against Lloyds on behalf of my partner, who doesn't really do the computer thing...
I've already had some great advice from people here, so thought would post and let you know where it's got me to.
12/02/07 - Preliminary letter & schedule of charges sent
Received standard reply from the mythical "Debbie Gillbert"
26/02/07 - lba & schedule of charges sent
No reply or money received as yet....They've got till Tues (13/03/07)
Just thought I'd ask as well, is anyone else concerned about how the OFT ruling that's due will affect claims? Just a little worried that as it's coming up fairly soon Lloyds are more likely to try and drag the case out until the ruling is made and then stick their tongue out at me?!
Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.
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Today is the day I'm going to start court proceedings, and lo and behold... The local bank manager phoned my partner and asked to make an appt to speak to him about his account in general.
We have decided to ignore this, as he mentioned nothing about the threatened legal action or repaying of any charges, and the appt he made was for the end of March.
So later this evening I will be beginning our claim with moneyclaim online.
If there is anything in particular I should be aware of re moneyclaim...? I know about the character limit already.
You cannot attach you schedule of charges with MCOL therefore when you file send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:
The Court Manager,
Money Claim On Line
Northampton county court
21-27 St. Katharine's Street
Northampton
NN1 2LH
Dear Sir/Madam
(Your Name) –v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx
Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).
I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
Yours sincerely,
Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim
Dear Sir,
(Your Name) -v- (Bank)
Claim No: ********
Date Issued: xx/xx/xx
Please find enclosed a copy of my schedule of charges relating to the above claim.
Yours faithfully
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Ok, had got a copy of this letter to send (along with the schedule of charges).
How do I find out the address of the Lloyds TSB solicitors? I was just going to send it to the customer service recovery centre their last reply came from... The only 'official' address I could find on their website was their office in Gresham Street, London.
Two days before the deadline a Notice of Acknowledgement arrived from SC&M, they intend to defend the whole claim.
So now I will send a copy of the list of charges which includes the 8% interest to SC&M.
We're a little bit scared now, but trying hard not to think about it and remind ourselves that they don't follow it all the way to court, our case is no different to all the others here. It's hard though!!
Just in case it ever did get to court, should we think about getting a professional to represent us? Someone said to us that judges don't like it when you defend yourself. Don't know, any thoughts?
Someone said to us that judges don't like it when you defend yourself. Don't know, any thoughts?
I think if that was the case the whole judicial system would be a complete mockery, and they are more likely tobe concerned about the abusive procedures that ltsb are using in the way that they are handling these claims
[quote=pocla;699354]
Just in case it ever did get to court, should we think about getting a professional to represent us? Someone said to us that judges don't like it when you defend yourself. Don't know, any thoughts?
That's the reason why the Small Claims Courts were set up - so that you could defend yourself without incurring solicitors costs!
5th April Lloyds filed a defence, and the case has been transferred to Lewes county court.
In the defence that was sent to us, there's a sheet of paper from the court saying:
"without hearing it is ordered that the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise"
Is this fairly normal? And does it mean we're just being put straight on the fast-track?
The defence Lloyds has entered has 9 points to it. Should I post them here or are they usually all the same? The last one says "The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the bank."
I think it's becoming quite more common for aq's to be dispensed with. From reading around the advice i've seen is give the court a ring ask what happens next. The court seem to be doing this to speed up the process.
9 point defences also fairly common. Think if you search the ltsb forum for 9 point defence you'll find lots of standard ones to compare yours to.
You're about 2 weeks in front of me so I'll b watching
I've read through all the stuff about sending draft directions to the court - when should I do this? At the same time as I make Lloyds an offer? or should I wait five days or so for Lloyds to get back to me and then send the draft directions off?
Also, as the 8% interest is going up by the day, copies of my schedule of charges that I send are going to have different amounts on as time goes by. Is this ok?
For example, when I issued the claim, it was for £607.90.
Now I'm sending Lloyds the offer letter, the charges total £611.29.
And when I send the court bundle in as per draft order directions, it will be for a higher amount.
Don't know if I'm getting myself in a tizz over nothing....any ideas?
pocla vs lloyds
on behalf of my partner, who doesn't really do the computer thing...
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Originally Posted by pocla
