Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


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BAILIFFS - The Law and Your Rights

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The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
    wp wp is offline
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    Default Wp Vs Lloyds Bank - **WON**

    just filled in the claim form at moneyclaim.co.uk ,previously sent 2 letters to Lloydsicon 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.

    Similar Threads:

  2. #2
    Lueeze
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    Default Re: Wp Vs Lloyds Bank

    Good Luck then!

    Louise x


  3. #3
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    Talking Re: Wp Vs Lloyds Bank

    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.....


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    Default Re: Wp Vs Lloyds Bank

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

    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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  5. #5
    wp wp is offline
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    Angry Help!!!!

    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 interesticon.
    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..


  6. #6
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    Default Re: Help!!!!

    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.

    reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.
    reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.
    reload vs Capital One - £456.57 Settlement Reached 14/07/06.
    reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

    Lloyds Bank - The Template Response Letters!

    Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  7. #7
    wp wp is offline
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    Default Re: Help!!!!

    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..


  8. #8
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    Default Re: Help!!!!

    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 questionnaireicon comes after Lloydsicon have filed their defense with the small claims court. Have they done so, yet?

    reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.
    reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.
    reload vs Capital One - £456.57 Settlement Reached 14/07/06.
    reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

    Lloyds Bank - The Template Response Letters!

    Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  9. #9
    wp wp is offline
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    Angry Re: Help!!!!

    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..


  10. #10
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    Default Re: Help!!!!

    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.


    When you want to fool the world, tell the truth.

    Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
    doubts.

  11. #11
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    Default Re: Help!!!!

    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.

    Lloyds TSB - £972
    S.A.R, prelim and LBA sent
    Claim acknowledged
    Defence received
    AQ 20/06/06
    ***FULL SETTLEMENT RECEIVED 20/07/06***

    Woolwich - £2288
    S.A.R, prelim and LBA sent.
    Offered half
    Moneyclaim filed online 02/08/06
    Judgement filed online 23/08/06
    WARRANT FILED ONLINE 30/08/06
    MONEY RECEIVED BY BALIFF 04/10/06
    ***FULL SETTLEMENT RECEIVED 09/10/06***

    Smile - £175
    Pelim 23/06/06
    ***FULL SETTLEMENT RECEIVED 07/07/06***

    My Ex vs Woolwich - £715
    S.A.R sent 30/08/06
    Pelim 06/10/06
    LBA 20/10/06

    Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  12. #12
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    Default Re: Help!!!!

    Quote 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 Lloydsicon then you will see I have the same reply and have put their replys in my thread


    When you want to fool the world, tell the truth.

    Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
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  13. #13
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    Default Re: Help!!!!

    RE: Lloydsicon 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.

    reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.
    reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.
    reload vs Capital One - £456.57 Settlement Reached 14/07/06.
    reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

    Lloyds Bank - The Template Response Letters!

    Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  14. #14
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    Default Re: Help!!!!

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


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    Default Re: Help!!!!

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


    When you want to fool the world, tell the truth.

    Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
    doubts.

  16. #16
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    Default Re: Help!!!!

    OK


  17. #17
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    Default Re: Help!!!!

    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 POCicon. 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.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  18. #18
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    Unhappy Re: Help!!!!

    here goes with the letter ....

    dear sir
    yourself v Lloydsicon 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 interesticon 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 prejudiceicon 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 prejudiceicon this contention.



    so what next


  19. #19
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    Default Re: Help!!!!

    take BF's advice


    When you want to fool the world, tell the truth.

    Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
    doubts.

  20. #20
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    Default Re: Help!!!!

    If WP could post what he/she wrote in the Particulars of Claim I'm sure we could take a look and see what the problem with it is.

    It would only take a few minutes to copy it off of the claim form.... and would help others too.



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