Danny V TSB

[yoshimi176]

12/07/06 S.A.R

15/08/06 Chase S.A.R.

12/09/06 Preliminary Letter

27/09/06 L.B.A.

01/03/07 Filed claim at Moneyclaim

13/03/07 Received acknoledgement of claim

 

I'm assuming I'll receive the defence soon by 4th April - that'll be 28days after notice was issued.

[BARTY]

Hi

That's right, they usually leave it until the last few days.

Good luck, let us know how you get on.

Barty:)

[yoshimi176]

No worries, will do................better go back and check I've calculated interest properly etc.

[yoshimi176]

eek

[BARTY]

Hi

To be honest I don't think it will affect your claim at all, if it was me I wouldn't inform the Court, but it's up to you.

Barty:)

[yoshimi176]

12/07/06 S.A.R

15/08/06 Chase S.A.R.

12/09/06 Preliminary Letter

27/09/06 L.B.A.

01/03/07 Filed claim at Moneyclaim

13/03/07 Received acknoledgement of claim

 

27/03/07 Notice on moneyclaim that TSB have entered a defence.......just have to wait for the AQ I understand now

[BARTY]

Hi

Yes you should receive a copy of their defence shortly and an Allocation Questionnaire to fill in, use these links to help you:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Barty:)

[yoshimi176]

12/07/06 S.A.R

15/08/06 Chase S.A.R.

12/09/06 Preliminary Letter

27/09/06 L.B.A.

01/03/07 Filed claim at Moneyclaim

13/03/07 Received acknoledgement of claim

27/03/07 Notice on moneyclaim that TSB have entered a defence

03/04/07 Received defence in post

 

I have now received the ‘Notice of Transfer of Proceedings’ and the banks ‘defence’ as follows:

 

Between ME

And LLOYDS TSB BANK PLC.

Court of Transfer MANCHESTER

Before District Judge XXX

Sitting at MANCHESTER

Without Hearing

IT IS ORDERED THAT:-

• The filing of an allocation questionnaire to be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

DEFENCE (I’VE HIGHLIGHTED THE MAIN POINTS ONLY)

1.The defendant Lloyds TSB is a bank registered at (address). It has been admitted that the claimant has been a customer of the bank at all material times.

2.By opening an account, the customer enters into a commercial arrangement for the provision of banking services. The bank is entitled to charge for these services. By using the account the customer acknowledges that the charges are incorporated into the contract.

3.By maintaining the account in credit, or within any limit agreed with the bank, the customer may avoid most if not all charges. If the bank makes a payment, or returns the payment, it provides a service as specified and makes a charge in accordance with the terms of the contract.

4.There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the banks loss.

5.The custopmer is given advance warning of charges being imposed.

6.The charges are fair and reasonable, and it is denied that they are unlawful.

7.The charges are terms which relate to the price payable by the customer for a service providedby the bank, and pursuant to Regulatio 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to fairness.

8.In the premises:

8.1.the charges are for banking services, and are not damages nor a penalty;

8.2.the bank is entitled by contract to impose the charges which are fair and reasonable;

8.3it is denied that the charges are unlawful or contravene any statute or regulation

9.The claimants claim is denied in its entirety.

 

Now a few questions:

I cannot see any date for the hearing, I do not have to fill in the allocation questionnaire – is this now the norm and will I be receiving further communication from the court about a hearing date? How long will this take roughly i.e. how long do I have to prepare?

Is the defence similar to the ones received by others out there?

From people who have been at a similar stage to me, what can I expect next?

Cheers

D

[yoshimi176]

sorry - also what does 'without hearing' mean?

[BARTY]

Hi

That is the standard defence.

This seems to be the latest thing, dispensing with the AQ. Looks like you just need to wait to hear from the Courts for the next move. Things are moving along nicely, so no worries, shouldn't be too long now.

Barty:)

[yoshimi176]

Thanks Barty, I'm planning on giving it another week and then giving the court a ring to see where we're up to. I noticed in other threads that some people are sending a notice in asking the court for direction when they have dispensed with the AQ........do I need to look at doing this or just wait for the courts next response?

Cheers

D

[sasquash]

Hi Yoshi, I'm at the same stage as you. There is slightly conflicting information to be fair. I think it is up to you at this point. There are a number of letters that people have suggested sending to the court and/or lloyds TSB's solicitors. But, others have suggested sitting tight and waiting for correspondence from the court. I'm not sure what I'm going to do, but goona wait a few days I think!!

[jessika1]

i seem to be at the same stage too, waiting for AQ if it turns up! Wonder which one will be first!

[sasquash]

Have you been transfered yet?

[jessika1]

me? no not yet, just called MCOL to find out if it had but i had to fill out a letter that they sent me (apparantly lloyds told them they had paid when all they had paid was the 750 goodwill) they told me i should get a letter within 9 days saying it had been transferred, no AQ mentioned yet though...how about you?

[sasquash]

Haven't been offered any cash! But my claim is only about 1K. Have recieved letter from the court saying that it has been transfered and that the AQ has been dispensed with in this case.

[jessika1]

i am in for the long haul i think, just a very boring waiting game..(of which i will win )

[sasquash]

Damn right!!

 

Some people have suggested writing letters to the court and/or Lloyds' solicitors - what you think??

[yoshimi176]

Its been a week since I received the 'notice of transfer of proceedings' - I'm gonna give it one more week then ring the court to see whats going on - I'll decide then whether its worth sending some of the letters I've seen elsewhere on the forum - either way I'll keep you postede on my progress:)

 

sasquash & jess - were your defence letters like mine?

[jessika1]

i checked mine and it is exactly the same as yours, word for word!

[sasquash]

Yeh mine was!

 

I'm gonna do the same as you. Sit tight for a week or so and see what happens!!

 

Cross everything and hope they just thinkf*%k it and pay me my dosh!!!

[yoshimi176]

well, I think I've given them enough time now - I've not got the particulars with me but I'm planning on ringing the court tomorrow to find out how things are moving along.

[yoshimi176]

Hi all, funny enough, when I got home yesterday, there was a letter waiting for me from the court. It basically said that the time has now passed for all defences to be entered and 'no further defences have been submitted' and they have included the AQ for me to fill in, even though when I originally received the defence the court letter staqted that an 'AQ has been dispenced with'. Any ideas as to why I now have an AQ?? I've got until the 4th May to return it.

[BARTY]

Hi

I would ring the Courts and ask them whether you have to fill in the AQ or not.

Barty:)

[dolly]

It could be that when it was transferred the judge there requested that an AQ be filled in - yours says the same as mine on the Transfer of Proceedings notice....'unless the DJ at the court of Transfer directs otherwise.'

 

Looks like he/she has!