I received a letter from court today with a defence from Lloyds attached to it WHAT IS THE NEXT STEP FOR ME PLEASE???;
LETTER FROM COURT
"The district judge has directed that allocation questionaires need not be filed"
"A proper officer has considered the statements of case and allocation questionnaire filed and allocated to the small claims track".
Before the claim is listed for hearing. -the judge has ordered that a preliminary hearing-should take place because special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.
The preliminary hearing will take place at (personsl detail deleted).
At this hearing the Court will consider either:
(a) to stay the claim pending the decision in a test claim involving the Defendant. or
, (b) to give directions for this case to be heard as a test case. and if necessary to reallocate the claim to the multi track for that
Not less than 14 days before the preliminary hearing the Defendant shall file with the Court and serve upon the Claimant details in which will determine the issues in this claim. ' Altematively. the Defendant shall file with the cour tand serve upon the claimant details draft directions for this case to proceed as a test case.
The Claimant may make any representations to the Court in writing provided these are received by the Court and served on the
Defendant not less than 5 days before the preliminary hearing. if either party is prepared to abide by the decision of the judge as to the directions to be given. that party is excused from attending the preliminary hearing.
1. . The Defendant Ltoyds TSB Bank plc (the Bank) is a Bank whose registered office is
25 Gresham Street, London, EC2V7HN. It is admitted that theClaimant.has been a customer of the Bank at all material times.
2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services.
The Bank is entitled, as part of that arrangement, to charge for those services.
At account opening a customer is provided with details of the Bank's charges, currently in a Leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not Limited
to, providing; .
the facility to make payments by direct debit and standing order
3. By.maintaining the account in.credit, or within any Limit agreed with Bank,
the customer may avoid most if not all charges. If the customer fails to ensure -.
that there are sufficient cleared funds in the account to cover payments,
whether by cheque, debit card, standing order or direct debit, the customer
makes.a..· request for a payment to be made from the Bank's own funds. If the
Bank makes p~yment, or returns· the payment, it provides a service as specified
in the LeafLetand makes a charge in accordance with the terms of the contract.
On page·1 of the leaflet, the Bank expLainsthat "there are normally no charges
for everyday banking at Lloyds TSBwhen your account is in credit.
When you use an agreed overdraft, there is no monthly fee and we only charge
interest on the amount you are overdrawn each day. Where yol) go overdrawn
without an agreement or where. you use .special services, such as copy
we will make a charge.This guide explains how.these charges work,
and when they will apply. If you want to use a service that we haven't listed,
we'll tell you the cost of that service before you give us the go-ahead".
There.is no breach ofreach of contract; the charge cannot therefore be a penalty,
consequently there is no requirement that the" charge be a pre-estimate of the Bank's loss.
5. The customer is given advance warning of charges being imposed; statements
show the charges, ifany, the customer" has incurred during thecourse of a
month, ..and which will appear as debits ..on the following'nonth's statement.
Customers are warned by letter when they go."overdravvn.or over. their agreed limit without arrangement with the Bank.lf the custornerf ailsto remedy the position, and payrnents such as standing orders, direct debits are refusedthen againthecustorner iswarned by letter.
6. The..charges are fair and reasonable, and it is denied that they are unlawful.
7. The customer is notified of the charges in plian intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to Regulation
6 of the Unfair Terms inConsumer regulation 1999, are not subject to the assessment of 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;
8.3 it is denied that the charges are unlawful or contravene any statute or regulation.
9. The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or tq any sum from the Bank.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true. I am duly
Full name: Alan Ingledew - Team Leader for the Defendant.
Served day of May2007 by Sechiari Clark & Mitchell of Department SO, P.O. Box499,
Upper Ground Floor, 1 - 5· Queens Road Quadrant, Brighton, East Sussex, BN1 3XJ:
Telephone 01273205381: Fax 01273745356:
Solicitors for the Defendant.