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time4action

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  1. Thanks for the advice everyone! Yes I agree I have accepted the offer - I am quite happy as I have just got a grand in my pocket that I wasn't sure I was going to get and avoided going to court to get it! Time4action DPA letter sent 15th December 06 Bank claim and Schedule of Charges sent 23rd February 07 LBA sent 13th March 07 Court Claim through MCOL issued 30th March 07 Allocation to Small Claims Track 9th May 07 Lloyds settle in full out of court 15th May 07
  2. Trying to keep this at the top so some one will reply to me on my query above - please?
  3. Advise them that you will accept the £750 as part-settlement of your claim only and that you will be pursuing them through the court for the remainder.
  4. Oh dear - not been on the forum for a few days and just been reading all the posts on here about Lloyds having just won their first case . Perhaps I should just take what they've offered and run - after all the interest thing was my mistake anyway and they have paid out most of what I wanted!
  5. WON!!!! With slight complication Received this letter today from ****: 'We refer to the above matter and confirm that our Client will be settling your claim within five working days by depositing the sum of £1056.34 (inclusive of interest and fees), into your Bank Account. You are advised at this stage that by our Client meeting your Claim on this occasion, this is not to be treated in any way as an admission of liablility. This is merely an attempt to resolve the matter amicably between the parties concerned. We therefore trust you shall write to the Horsham County Court to confirm that the claim has been settled once the funds have been received and provide this office with a copy of the letter for our Client's records. You may note from previous posts on this thread that when I originally submitted my court claim I calculated the interest wrongly applying flat 8% interest instead of contractual and swindled myself out of about £150 in the process! I had already received a General Form of Judgment or Order from the court basically requesting I resubmit my Schedule of Charges so I did so showing the new amended interest amount and submitted a covering letter pointing out that I had specified in my original claim that I was claiming s.69 County Courts Act interest but had merely calculated the amount wrong. This was copied to both the Court and ****. The day after I posted it I received notification from the Court that the claim had been allocated to the Small Claims Track and I should prepare my paperwork for my defense. They obviously sent the notification out before they received my new Schedule of Charges and since then I have received nothing from them to say that it has not been accepted. I called **** today and pointed out that I had resubmitted my Schedule of Charges with an updated interest amount and copied it to themselves and the Court. I also told them that the Court had not rejected my new Schedule (technically true as they have not contacted me) and that they actually needed to pay me £1198.12. The chap I spoke to at **** said this had probably been forwarded onto Lloyds and as they had agreed to settle the claim 'they would probably pay the additional amount'. Technically it's my own fault for putting the wrong amount and if I am honest I am quite relieved it's been settled without the ordeal of going to court. Do I take the pain and accept what they have offered as it was my mistake? Or should I write and say I will accept the offer providing they pay the full amount as per my updated Schedule? If I do this will the Court stick it's oar in and say 'hang on you can't change the amount of your claim'. Advice please?
  6. Have just received a Notice of Allocation to the Small Claims Track (Hearing) for the 12th June. Now I am confused - only just re-submitted (yesterday) my Schedule of Charges after the judge sent me a General Form of Judgment or Order requiring me to supply a typed list of the charges I was claiming, what they were for and interest claimed. On the Notice of Allocation it says that the Judge has 'considered the statements of the case and allocation questionnaires filed (none were as the judge dispensed with them!) and allocated the claim to the small claims track. It also says that each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing. (I take it this is the court bundle that I have to prepare?) So what happens about what I have just submitted and why have they made this decision without considering it?
  7. Thanks for that Guido - I am sending to SCM recorded delivery, should I do that with the Court as well or is normal post ok?
  8. OK - I am now going to re-submit to the Court my schedule of charges with the updated interest figure which was incorrect in the previous one. I am going to use wording or similar as follows: Please find enclosed Schedule of Charges as per recently issued General Form of Judgment or Order. This Schedule of Charges is as per the original claim issued with the exception of the interest amount which was previously stated incorrectly due to a miscalculation. Please note that the interest claimed is still the s.69 County Court Act 1984 contractual interest which was specified in my original claim and the actual amount has merely been amended due to this miscalculation. Would the Court please advise at its earliest possible convenience that this amendment is accepted so that I can submit this paperwork to the defendant and comply with the time limit of this Order? Yours Sincerely etc, etc. Does that wording sound OK?
  9. Ooops sorry gary - will stick to same thread in future!
  10. Well I had a thread posted on this but seems to have been moved and when I click on it just links to some of my old posts - moderators? Need to get this problem sorted as soon as possible as I am on a 21 day time limit of which 3 days have already elapsed. :o I have been issued with a General Form of Judgment or Order which requires me to provide a typed list of charges in dispute showing date and amount of each charge and the rate of interest applied. If I fail to provided the info Lloyds will be permitted to request a Judgment for default and claim costs from me! When I sent in my original claim I miscalculated the s.69 County Court Act 8% interest and did it as a basic 8% calculation on the total. The amount I charged was £71.60 instead of £220.57. So I need to submit an amendment. It has been suggested that I submit an N1 and N244 with £35 fee it has also been suggested that I simply submit a covering letter with the schedule showing the new interest amount to say it has been amended to see if it is accepted. Basically I stated in my original claim that I was claiming the s.69 contractual interest but simply miscalculated the amount and there is no alteration to the actual charges claimed. I obviously need to action this as soon as possible so any advice is much appreciated!
  11. Well with the court having dispensed with an AQ - I had sought advice on here and it was suggested by some that I apply for a Draft Order for Direction. That now appears to have been circumvented by the following - received today 2 items in the post from the Court; another transfer of proceedings, previously at Haywards Heath Court but now moved to Horsham Court which is even more local to me and a General Form of Judgment or Order which states the following: 'The Court directs of its own initiative as follows: 1. The Claimant shall, within 21 days of the date on which this order was drawn up by the court, file at court and deliver to the Defendant answers to the following questions, concluding with the following statement, dated and signed 'I believe that the facts stated in this response are true: - Provide a typed list of the charges in dispute, showing the date and amount of each charge and the rate of interest applied; - If only part of the charges is in dispute, show how much is admitted and explain why; 2. UNLESS the Claimant complies with paragraph 1 of this order, the claim shall stand struck out and the Defendant may file a formal request for Judgment in default and for the assessment of any costs in the proceedings; 3. A party affected by an order made of the court's own initiative may apply to have it set aside, varied or stayed within 7 days of service. Now that all seems to be straightforward and appear to be a case of just sending in my schedule of charges (which is a bit confusing as I have already sent a copy into the court including a copy for Lloyds and my claim included the words ' I believe that the facts stated in this claim form are true' so this seems to be a duplication of something I have already done) but I am now worried about 2 things: I have posted previously on here that I did my interest rate calculation wrong (I claimed just a basic 8% amount on the total and didn't use the spreadsheet to work out contractual interest). The amount I have claimed is £71.60 when it should in fact be £220.57. I have received advice from Gary H about submitting an N1 and N244 to the Court with a £35 fee to amend it. Do I still have time to do this? Also if I don't do it and print off the spreadsheet showing 8% contractual it will obviously show the new interest rate of £220.57 and not the £71.60 previously claimed. Would Lloyds then dispute this? Would the Court throw it out? Do I now have to serve the amendment before I comply with this order? If I chose not to bother with the hassle of amending the interest rate and left it as it was would this cause a problem? I stated in my original claim that I was claiming interest as per s.69 of County Courts Act 1984 but the £71.60 amount I have put is clearly wrong. If I just put that I was claiming 8% interest on the total would they throw it out as differing from the previous claim? It would appear that they are only asking for my schedule of charges without any other supporting evidence or arguments which would seem to be a good thing but I am worried about the wording that if the claim is struck out Lloyds could apply for costs as I didn't think this was the case in the Small Claims Court. HELP - beginning to panic now! :o
  12. Hi Gary - Thanks for that but things have changed now . . . check out my latest post entitled 'General Form Of Judgment or Order received' which has put me into a slight panic!
  13. Posted my claim through MCOL and now advised of transfer to a local court and that they are dispensing with an allocation questionnaire. Some one gave me a link to the Draft Order for Direction posted by Bankfodder. I need to know do I just write to the court and request this now? Or print if off completed with my details and send to the court? How does it work? Also when I initially submitted my claim - I made an error with my interest calculation, did a basic 8% calculation on the actual total rather than using the spreadsheet which I think calculates the compund interest from the date charge was applied etc. This gave me a figure of about £71 instead of £214. Some body again gave me a link to a form and said I should send that form in and would have to pay £35. Is this correct? Cannot it not be done for free? Advice please?
  14. Not long after issuing my court claim for bank charges through MCOL - I received a letter from LLoyds Credit Card Services stating that 'it was their policy to review customer's credit card limits and were revising mine to £5200 (previously £6000 and I owe just ender £5200!). I wrote back praising this 'refreshing approach' from a credit card company 'who were looking at people's debt and trying to reduce it'. However I also stated that 'I suspected it was linked to the fact that I had issued a court claim against them for bank charges.' I also stated that 'in my history of having credit cards with various different companies they were the first to REDUCE my limit without my requesting it as it is usually the policy of the company to increase your limit to encourage you to spend more.' I stated that 'under section 16 of the Banking Code this could possibly be considered as retaliatiory action and that should I choose to make a complaint to the OFT I hoped that they would be able to demonstrate that they had similarly reduced credit limits for other customers with good credit histories without the customer requesting it.' Guess what? Lloyds have just written back to me to state that they have increased my credit limit to £6,000. They said: 'It is our policy to review all limits from time to time and we will contact you should a change be needed'. Funny that eh?
  15. Can I still do this if I have done my claim through MCOL? Thanks.
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