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mum23kids

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  1. hi thanks for your help my poc said "For bank charges, this is based on the unfair terms in consumer contract regulations as i believe these default charges are unfair and not proportionate to there costs." Do i have a time limit to amend, have i got it right that other than the amendment, i am waiting for the court to get in touch now. mum23kids
  2. hi basically i did not write the proper statement in my poc, and did not send schedule of charges i wrote FOR BANK CHARGES THIS IS BASED ON THE UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS AS I BELIEVE THESE DEFAULT CHARGES ARE UNFAIR AND NOT PROPORTIONATE TO THERE COSTS. i have finally received defence papers that lloyds sent back to court, ready here we go.... firstly lloyds put £750 goodwill gesture into my account - but they do not state this on defence counterclaim they have crossed box - they dispute the full amount claimed as shown on claimform! ....is this in my favour? As the claim was actually served on them on the 5th May they put £750 into my account on the 3rd May, but do not state this in there defence papers. defence This defence is served without prejudice to the defendants contecntion that the poc is insufficiently particularised and is embarrassing. the defendant reserves the right to plead further to the poc once they are sufficiently particularised The defendant will object that the poc in this action disclose no reasonable cause of action against the defendant and makes no specific allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed. The poc do not comply with Rule 16.4 1a of the civil procedure rules as "amongst other things" they do not identify the account in question that appears to form the subject of these proceedings or indeed show how hte sum of £2845.15 is arrived at and the poc are too vague. the poc shows no resonable grounds for bringing the claim. The claimant should, therefore, be ordered to file and serve an amended claim to set out the full particulars of the bank account and the charges they are seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case the allege it is a disproportionate penalty and thus unlawful. The defendant should then be given the opportunity to defend the proceedings further. please help, also with the above i received from the northampton county court, a court of transfer to my local court, and that it is ordered that "judge filing of an allocation questionnaire be dispensed with in this case unless the district, at teh court of transfer orders otherwise" What does this mean! Any help with regards to the above would be very gratefully received (i am desperate!) Do i have a time limit to this, do i say amount money put into account, as this was done before they wrote there defence out, what happens now thanks
  3. hi thanks to all that replied i am so... thick!!, i have finally received defence papers that lloyds sent back to court, ready here we go.... firstly lloyds put £750 goodwill gesture into my account - but they do not state this on defence counterclaim they have crossed box - they dispute the full amount claimed as shown on claimform! ....is this in my favour? defence This defence is served without prejudice to the defendants contecntion that the poc is insufficiently particularised and is embarrassing. the defendant reserves the right to plead further to the poc once they are sufficiently particularised The defendant will object that the poc in this action disclose no reasonable cause of action against the defendant and makes no specific allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed. The poc do not comply with Rule 16.4 1a of the civil procedure rules as "amongst other things" they do not identify the account in question that appears to form the subject of these proceedings or indeed show how hte sum of £2845.15 is arrived at and the poc are too vague. the poc shows no resonable grounds for bringing the claim. The claimant should, therefore, be ordered to file and serve an amended claim to set out the full particulars of the bank account and the charges they are seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case the allege it is a disproportionate penalty and thus unlawful. The defendant should then be given the opportunity to defend the proceedings further. please help, also with the above i received from the northampton county court, a court of transfer to my local court, and that it is ordered that "judge filing of an allocation questionnaire be dispensed with in this case unless the district, at teh court of transfer orders otherwise" What does this mean! Any help with regards to the above would be very gratefully received (i am desperate!) Do i have a time limit to this, do i say amount money put into account, as this was done before they wrote there defence out, what happens now thanks
  4. i sent usual letters to lloyds got 1 back stating t&c, ignored second, tryed offer letter and gave them 14 days to respond and put if have not heard from them by 30th April will commence court proceeding imm. Did not hear so went moneyclaim online route, paid £120 fee for court costs etc. it was served on them on the 5th May. I received a letter from lloyds dated 1st May but franked on the 5th May, stating they would pay me £750 for full & final settlement as a good will gesture, stating they have not done anything wrong, i tried to call but only got machine that i could not leave a message on as the mailbox was full (wonder why), customer services would not help as there was special team to deal with bank charges. When i checked my bank they had already put £750 goodwill gesture in without talking to me or me excepting this! i just checked my claim online and they have put in a defence, can anyone tell me do i need to inform court? i also never put account number on poc and only put "bank charges, this is based on the unfair terms in consumer contracts regulations as i believe these default charges are unfair and not proportionate to there costs" i also never sent off schedule of charges to court, but sent them with all letter that i sent. have i totally messed up, can anyone advise what to do?, should i wait to hear from the court. At the moment i have received nothing, moneyclaim says it is being transferred to my local court. I no i am stupid and i did not read all info. before going ahead with my claim!!!!!!, any help would really be gratefully received! been using money saving web site, that is good but this is great for info.
  5. RE: lloyds defence!!!! i have really messed up!!!!!!!!!!!!! i sent usual letters to lloyds got 1 back stating t&c, ignored second, tryed offer letter and gave them 14 days to respond and put if have not heard from them by 30th April will commence court proceeding imm. Did not hear so went moneyclaim online route, paid £120 fee for court costs etc. it was served on them on the 5th May. I received a letter from lloyds dated 1st May but franked on the 5th May, stating they would pay me £750 for full & final settlement as a good will gesture, stating they have not done anything wrong, i tried to call but only got machine that i could not leave a message on as the mailbox was full (wonder why), customer services would not help as there was special team to deal with bank charges. When i checked my bank they had already put £750 goodwill gesture in without talking to me or me excepting this! i just checked my claim online and they have put in a defence, can anyone tell me do i need to inform court? i also never put account number on poc and only put "bank charges, this is based on the unfair terms in consumer contracts regulations as i believe these default charges are unfair and not proportionate to there costs" have i totally messed up, can anyone advise what to do?, should i wait to hear from the court. At the moment i have received nothing, moneyclaim says it is being transferred to my local court. I no i am stupid and i did not read all info. before going ahead with my claim!!!!!!, any help would really be gratefully received!
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