Lloyds tsb have filed a defence ***WON***

[jo1006]

Hi,

It came in the post today.

Lloyds Tsb have filed a defence.

Need to fill in a Court Allocation Questionnaire.

Anyone else out there at this stage, or gone further - need some advice.

Hate being one of the few rare cases

Do you think we should carry on

Jo & Mick:-x:mad:

[nicsussex]

Standard procedure for lloyds i'm afraid - they will take it all the way to the court steps - but they will pay up in the end - very frustrating I know but will be worth the wait

[miss_squeezy77]

Hi,

It came in the post today.

Lloyds Tsb have filed a defence.

Need to fill in a Court Allocation Questionnaire.

Anyone else out there at this stage, or gone further - need some advice.

Hate being one of the few rare cases

Do you think we should carry on

Jo & Mick:-x:mad:

 

Hi Jo

If you've taken a good look round this site you'll realise that you are by no means "one of the few rare cases" - just keep following the step-by-step instructions on here. Keep strong and don't buckle because that's exactly what Lloyds would want you to do. You may find it useful to keep all your posts about your claim in the same thread, it will make it easier for the rest of us to keep an eye on it and give you support.

 

I've just received a defence from Lloyds too - very similar to what other people have received. Just have to scrape together the £100 fee and get the AQ sent off.

 

Good luck and don't give in when you've come this far.

[GaryH]

Lloyds Tsb have filed a defence.

As the others have said, this is standard proceedure for Lloyds, they always file a defence. Does'nt mean they actually intend to defend in court though, they've settled every claim so far - which is hundreds!

 

Which defence was it? The standard 9 point 'service charge' or the 14 point 'claim too vague'? If it's the former, proceed with your AQ as per the guide notes in the templates library, if its the latter see this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-lloyds-defence-claim-vague.html

Do you think we should carry on

 

YES!!!! Dont let them off the hook now, your nearly there! Have a look at the LTSB successes forum for a bit of inspiration and reassurance.

[jo1006]

Cheers everybody. We will keep 'plodding on' and hope we're not the first to lose!! Thank you all for your support and guidance, we will keep you posted..fingers crossed!!

Mick and Jo

[arni999]

It will be good to know how you get on. I have just sent my 1st letter to them so it will be interesting to see how they are dealing with court claims now

 

Keep us in the know when you hear anything

 

Mikey

[Janet-M]

Hi have a read of my thread ( link in my signature) and the other succseful claims and they will give you a much needed boost

[keithg]

Hi,

It came in the post today.

Lloyds Tsb have filed a defence.

Need to fill in a Court Allocation Questionnaire.

Anyone else out there at this stage, or gone further - need some advice.

Hate being one of the few rare cases

Do you think we should carry on

Jo & Mick:-x:mad:

 

Hiya

i have just received the same thing and have to return it by the 18th december. Am trying to find out if I need to fill in section G.

let me know if you come across any info

thanks

keithg

[vix8180]

I too received a defence this week and have to return the AQ by the 18th also. In the Templates library there's a good guide to completing the AQ - it suggests using this in Section G:

 

 

"Quote:

Section G - Other Information

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide.

 

You should state here that you believe the case will last no longer than 1 hour.

 

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs! You could include similar text to this....

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation."

 

Got to go but it's worth reading the guide... Good luck!!

[keithg]

Hi

thanks for the reply, I had read this previously but wondered if it applied to claims only of over £5000.

It seems that it would not be read by a judge anyway as it would probably be settled by TSB before going to court.

Your thought or any other info you have uncovered would be appreciated.

It takes ages to read through other claimants threads to find info and havnt so far yet found anything specific.

Its nice to know that someone else is running in tandem with your own claim

thanks

keith

[jo1006]

Got home to another letter:

 

Notice that Acknowledgement of Service Has Been Filed.

 

It goes on to say:

 

The defendant responded to the claim indicating an intention to defend all of the claim

 

The defendant has 28 days from the service of the claim form (23 Nov) with particulars of claim,or of the particulars of claim, to file a defence.

 

The acknowledgement was filed by the solicitors acting for the defendant who has given the following name and address for service of documents:

 

Sechiari Clark and Mitchell

Brighton.

 

Has any one else received this type of Notice, and or is it another attempt to try and scare you off.

 

Anyone out there who has undergone this, please contact us with what happens next.

 

Regards,

 

Mick & Jo:confused:

[BARTY]

Hi

This is all standard stuff, this is what happens when LTSB acknowledge your claim. Next they will file a defence, you will receive a copy of it and an Allocation Questionaire to fill in.

Good luck!

Barty:)

[upton11]

You are a day ahead of me. I am expecting my defence/acknowledgent of service tomorrow - ish . Do not give up. The hardest part of this whole process is deciding to act in the first place. If you bail out now Lloyds will continue to be the only bank to fight until the bitter end. They need to know that when their customers start the process they WILL see it through to the end. Anyway I need you to carry on so that i can follow you!!!!

[jo1006]

Hi Barty,

Already received these, have they just got it back to front!!!

Mick & Jo:confused:

[sgriffin]

hello mick and jo

 

we are at exactly the same stage, i have had my AQ through today with a notice that they intend to defend.

 

have had a good mooch round site and you only need to pay 100quid if the claim is more than 1500quid.

 

i have got until the 19th to file my AQ. have posted detail on my thread ( should i give up or start again). so gonna fill in and send reg post to court and sols in next couple of days- have heard lots of letters have been 'lost' in the post according to sols so am sending reg post especially with the christmas post etc.

 

lets keep at it!

[jcd34]

Hi , i am at the same stage . Have received my AQ and have till 20th to file it . I have filled most in so just need to finish it and copy it 3 times .I have updated my charges too to send in also ( another £15 interest added on ! ) Nice to see a few of us at the same stage ( well , not nice exactly but helpful i mean )

[jo1006]

Hi All,

Of course, we need to update our schedule of charges, that should be more interest for us. We are completing the forms tomorrow and sending them and the hundred quid off to the court - fingers crossed that we will be victorious in the end. thankyou to everyone who is being so supportive and good luck all, we are rooting for you. We will keep you updated!

Mick and Jo:p:rolleyes:

[jo1006]

Hi All,

Have noticed something:

Reading through most of the threads, it appears that most of you going through this received form;

N149 Allocation questionnaire

but we received:

N150 Allocation questionnaire,

don't understand why,

anybody else received one of these!!!

Mick & Jo:confused:

[sgriffin]

hello mick and jo

 

i think you get a N149 if it is less than 1500 quid, and a N150 if more??

could be wrong- havent got my stuff to hand buty if you look on the back page of the AQ there should be some notes

 

g

[jcd34]

i got the N150 but the court told me it was just because they had no N149 forms in and it does the same purpose but is just a bit more fiddly to fill in ! Going to hand mine in on monday so let me know if you get stuck and i`ll pass on any advice i was given to help me to do mine .

[jcd34]

Forgot to say - i was told not to update my list of charges and just send in same list / totals i used for the N1/Particulars of Claim as the daily rate of interest takes care of any extra interest the bank would owe you by now and you will get that in the settlement .

[GaryH]

Yes, thats correct.

 

For AQ guide notes see the templates library.

[jo1006]

Hi All,

Can I just confirm, we dont have to update our schedule of charges, just send the original one again and we will receive our updated charges in the settlement? Is that correct? We still need to fill in the form and send it along with the hundred quid, so we need to get it right. We cant afford to make any mistakes this late in the game.

Mick and Jo:-|

[GaryH]

You cannot add to the value of your claim after the date of issue without a formal amendment. Any charges you have incurred since then won't get included in this settlement, you'll have to re-issue for that after you've finished this claim. Your spreadsheet now should read identically to the one you filed with your claim.

[jo1006]

Thanks Gary. We NEED to get this right. All the help we've received from everyone has made it possible for us to get this far.

Mick and Jo