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Everything posted by time4action

  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.
  16. So I send that form into the court stating that I applied the wrong interest rate and that I am re-submitting my claim for interest?
  17. When I sent in my claim for £895 to the court I added on interest of £71.60 (8%) but according to the spreadsheet it should have been £219.79. I just did a basic interest calculation on the actual amount but I guess it is supposed to be compounded over the period owed etc. Obviously the claim has now been served on Lloyds and I have received notice back of a defence etc. Is it too late now to amend the amount of interest?
  18. Check out the Wasted Costs Order link at the top of the page - I suspect you might have a case to apply for this as well and it doesn't cost you anything!
  19. OK - having read through that, I take it I can still submit this Draft Order even though I havn't been sent an AQ? I take it I then submit my evidence within 14 days regardless and Lloyds have 28 days - if they havn't responded in this time, their defence is struck out and I win! Correct?
  20. Having received notice that Lloyds intend to defend the claim (standard practice so I am told) - I have now received Notice of Transfer of Proceedings to a more local court to me. I also received an attachment from Northampton County Court that states: Before District Judge Murdoch, Sitting at Northampton County Court, Without hearing IT IS ORDERED THAT:- 1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. Nore: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order. **Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details. So what does all that mean? Is it good or bad? Does this mean the courts are getting fed up with LTSB's delaying tactics or will the Judge at the transfer court ask for one anyway? If not should I ask for an allocation questionnaire? HELP!
  21. Hi, Having served my claim using MCOL - I have now received notification that Lloyds intend to defend all of the claim and have appointed Sechiari Clark and Mitchell in Brighton as Solicitors. It says that they now have 28 days to submit a defence. I take it that I now need to prepare a court bundle? :-| Time4action
  22. Hi, I am just completing an online claim now on MCOL - have read all the advice etc. When I initially submitted the claim to the bank - I claimed charges only. The reason for this was because I have had a fluctuating overdraft level on my account over a period of 7 years and don't have a record of the various amounts and times so working out interest on the charges would have simply been too complicated. I put in a proviso in my letters to Lloyds stating that 'I was not currently claiming interest on the charges but should they choose to contest the claim I would ask them to send me a breakdown of the interest applied to the charges, under the Data Protection Act so that it could also be included in my claim'. Lloyds never responded to my LBA so now submitting my claim - is there some wording I can put in my claim to say that I am claiming the interest but don't know the amount as Lloyds havn't advised me or should I just forget about the interest as I am claiming the 8% contractual anyway? (Amount claimed is £895.00 so it probably won't amount to much!) Thanks time4action
  23. Hi Barty, Thinking about putting a letter into the credit card section as follows, what do ya think? 'Thank you for taking the time to write to me and reduce down my credit card limit. In this day and age it is good to see a lender acting responsibly and attempting to reduce down people's debts. I have to say however that as a customer with a good credit history who has been with several credit card companies you are the first lender ever who has reduced down my credit limit without my request. I find this a little strange and hopefully you will be able to reassure me that this has absolutely nothing to do with the fact that I am about to take court action against Lloyds TSB over unfair banking charges. Obviously you will be aware under the Banking Code that this could be construed as 'retaliatory action'. Hopefully you will be able to demonstrate to the OFT, should I choose to make a complaint; that you have reduced down credit limits on other client's accounts who similar to myself have a good credit history and have not requested the reduction.' Do you think I should go ahead with a complaint? Or just send in this letter and put the wind up their sails! Cheers time4action
  24. Just about to send in my court claim against Lloyds but some advice please - I sent my initial complaint to Lloyds Customer Service address at Birmingham, received a reply from their Customer Recovery Centre at Andover so I sent my LBA there addressed to their Team Manager, my account is actually held at my local branch in Crawley, West Sussex so whose address do I put as the claim going to? Also I received a letter to day to say that my Lloyds TSB credit card is having its limit reducedto £5,200 (previously £6000). In the letter Lloyds state that they are 'committed to ensuring that our lending is responsible. This means that from time to time and in line with our terms and conditions, we review your credit limit to ensure that it is appropriate for you.' Strange - I recently defaulted on one payment, this was due to the fact I had set up a direct debit which didn't work in time. I phoned Lloyds made the missed payment instantly over the phone and they agreed to waive the missed payment charge. That is the ONLY problem I have ever had with this account. No credit card company that I have ever been with has revised my limit DOWN. In fact in this day and age they seem to keep throwing more money at you. As my bank account is currently in credit (I am not even using my overdraft at the moment) - I suspect that this is retaliatory action because basically it is the only thing they can do as my account is in credit. Any one else agree? If I make a complaint about retaliatory action does it go to the OFT or Banking Ombudsman?
  25. Just an update - still waiting to hear from Lloyds having submitted my LBA 7 days ago. I was double-checking through FAQS and 'things you need to know' about the 6yr claim bit. I realised that I submitted my claim on the 23rd February stating that I was claiming for the period 20th Feb 2001 - 20th Feb 2007 but now think maybe the dates should be as per the letter i.e. 23rd. The first of the charges on the schedule are 20th Feb 2001 for £10 and the last charge is 9th Feb 2007 so it is actually less than a 6yr period but does it have to tie up with the date of the letter? In which case I would have to knock off the first £10 charge (the next charge date is 27th Feb 2001 so that would make it ok). I am just really worried in case I submit a court claim and the judge throws it out on a technicality or something! Also what is the best route MCOL or through County Court? I am just making a simple money claim - no defaults.
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