Cheers Barty

Thought so, Just off to make an amendment to POC for my friend.......wanna make sure things are spot on though especially in light of Lloyds past situations

Brownie24

Cheers Michael

I am now off to do an accurate schedule of charges for my friend.

I have put together the folllowing letter which I was going to send to SC&M to try and rectify the situation, what do ya reckon to it's content?

Thank you for your letter dated 3rd July 2007 in which you make reference to a discrepancy in what I am seeking by way of a refund. After careful reconciliation of the list of charges that have debited my account since October 2001 I have realised I have in fact made a mistake in my calculations.

Therefore please find enclosed a comprehensive up to date breakdown of the charges that I am now disputing and wish to reclaim. I have also amended my Particulars of Claim accordingly with Burton Upon Trent County Court and have submitted an N244 along with my court papers which I have prepared in line with the directions as ordered on 28th June 2007. Also enclosed with this letter is a copy of the court papers prepared.

At this stage in the proceedings I only willing to accept full and final settlement of ???????? which I am confident now reflects the true amount taken from me in unlawful charges.

I will also be looking to seek wasted costs in respect of my time spent preparing this claim.

Yours faithfully

Cheers Michael

I am now off to do a accurate schedule of charges for my friend.

I have put together the folllowing letter which I was going to send to SC&M to try a.......dohhh time for my bedtime me thinks, see post below to see what I was trying to say

Oooohh just another thought could it not be an option to go with things as is........and either wait for solcitors to argue the amount claimed, surely if they realise the mistakes they would highlight this and then offer settlement at the correct amount (surely at the end of the day they don't really wanna end up in court ------and if it did go that far could it not be that the judge is made aware of the mistakes then and decide to only grant the revised figure at this stage?)

Ohh the joys of helping others......only wish I'd done it from the start and then I would have been able to use my tried and tested methods:)

Brownie

Cheers Michael

That's what I thought. However after some more investigations it seems that they may have messed up further!!!! They are trying to claim account charges with Lloyds which start at £4.00, then £5.00 and are now £7.00 - I am now worried that these are in fact fees for the use of the account and cannot be claimed! If this is the case the amount is going to be considerably less!!!! I wonder whether to keep these in though until solicitors say that they won't pay them.....afterall they may decide to do so, what do ya reckon?

Brownie24

Night Owl

Just been reading your thread with interest. I am helping out a friend at the mo with their lloyds claim. They have also received an identicle letter to yours from SC&M stating there are discrepencies and they need schedule of charges sending to them to see what they are claiming. Well I was a bit worried about the amount my friend is trying to claim as he has added in account charges - these started at £4.00, then £5.00 and are now at £7.00 ........I was worried that these should not be claimed as they are a fee for using the account but I note that you to are claiming these so wondered if you could throw a little light on to them for me and if you can claim them.

My friend needs to get his court bundle in next Tuesday so want to make sure he is using the correct figures before he does so.

Thanks

Brownie24

Yes they have tried to claim all the charges and all the o/d interest - I am unable to tell if this o/d interest relates directly to the charges as they never received bank statements and therefore do not know balance at time of charge.

The court papers have to be in by Tuesday........that is why I am worried about how to go about amending things on time!

Thanks for that link.

But do you know what could happen if they decide to just carry on with the figures as they are?

The Judge has already set the directions and the court date has been set for October so the claim has not been thrown out on the basis of incorrect info being given. Could they just leave things as are and wait to see what Lloyds do? What could actually happen if was to go to court - could they wait until then to highlight the discrepency?

At this late stage I don't want to make things to complicated for them

Brownie24

The claim is actually for a friend, and I have said that I would help them get the court bundle ready - but I have noticed that they have made some calculation errors

- they did not receive statements but merely a list a of all charges and o/d interest debiting the account, they simply added all these figures up to give them a total of which they are trying to claim back.

- to confuse things further they then calculated the 8% interest at MCOL stage only on the total amount of charges, omitting the o/d interest in this calculation - they had used a spreadsheet from Martin Lewis site.

The judge has ordered the following diretions:

a) A schedule (unless one has already been sent to the defendant and the court) setting out each charge repayment of which is sought , showing the account number, date, amount and reason (if any) for that charge being made;

b) A statement of evidence , if such is to be relied upon, in support of the claim and copies of any relevant documents.

Then in a recent letter SC&M state that they are minded to 'enter into settlement negotiations with you but before doing so, we are told that there appears to be a discprepency in what you are seeking by way of a refund of bank charges'.

They then go on to ask for them to provide them with info as to how they worked out the interest and the total sum claimed.

At this stage do you think I should just advise my friend to leave the figures as they are and wait until Lloyds query the total amount owed?

I was going to advise my friend to just send in their court bundle and send a response to lloyds telling them what calculations they had used - then leave it up to lloyds to say that they are unhappy with the calculations......but I am not sure how this may effect the overall outcome?

Any help much appreciated, sorry its a bit long and complicated

Brownie24

Need to make amendments to POC as have worked out total of charges wrong and calculated the wrong amount of statutory interest to be added...oopps! However I am at the stage where I am also preparing my court bundle which has to be submitted next week. How should I go about making this amendment at this stage? Shall I still get my court papers sent in and then also do an amendment form?

Thanks

Brownie

Not actually my claim but helping a friend who is at the stage of preparing their court stuff. After looking through their calclations though it seems they have made a few mistaskes!! They never received actual statements from Lloyds but just a list of all the charges on their account including o/draft interest what had been charged. It seems they have just added all these amounts to give them a grand total - they have then used this as the amount they requested back in their prelim letter and LBA. When they submitted their mcol they used this flat figure but then calculated the 8% stat interest figure only on the actual charges total!!! They had been using the Martin Lewis site and it seems things aren't explained as in detail on here!

They have asked me to help them prepare the court bundle but now I am confused as to what they should do? Should they submit amended figures to the court (how do you do this?) or should they just try and go with the figures they are currently using? Not sure how it could effect the overall outcome - SC&M have already made a mention to the discrepancy in the figures and want to know exacltly how they have worked out interest etc.

Help please, don't want them to slip up at the last hurdle!! and there court bundle is supposed to be in next week!

Hi all

I have a court date and directions, and have to submit my court bundle next week. But in a recent letter from S,C & M they have said there is a discrepency in what I am seeking:eek: Am just going to go over my calculations.....if I do find my calculations to be wrong how do I go about amending this?

Help please, don't wanna slip up.

Nice one cookie monster:D

If they have not noticed the £80 then it may be a good idea to leave it at that and take that as your wasted costs. It seems at the moment that they are beginning to ignore some of these requests for wasted costs anyways, I know Alice25 has as yet been unsuccessful and may have to go down the formal route - which costs you to do.

So if you are happy with what you have then i would inform the court that this has been settled only once the cheque has cleared and credited your account.

If you do want any further info on wasted costs then just let us know.

CONGRATULATIONS

Brownie24:)

Hi Alice

Soz to hear that you didn't have a productive day:(

From what I gather you have sent a letter to court already requesting costs? but have not actually made a formal request - this is outlined in Gary H's thread above, he mentions the fact that it may be best to submit a formal request, you have to pay but the judge is more likely to acknowledge a formal request.

What I would do now in a last attempt to reach a settlement on costs is email a copy over to Abbey of this draft formal request and ask them to give this their consideration before you actually submit a formal request to court. You never know one final threat may eventually get them to make you an offer.....fingers crossed;)

Have you started maternity leave yet? I finally finish Friday....can't wait, it seems the morning sickness has returned for me and really wish I was back in bed at the mo:rolleyes: See you around.

Brownie24 & bump xxx

Hi Alice

So how's your day gone? Hopefully there's some good news on the wasted costs:D

I'm still in one piece.....only just, feel like I could pop any time now and hopefully it'll be sooner rather than later

Brownie24 & Bump xx

Hi Alice

GOOD LUCK FOR TODAY:D Hope all goes well, just remember don't get stressed especially not at the moment.

Have you looked at Gary's thread, he's the expert http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs-updated.html

Anyway good luck and remember you've won already, anything that comes out of today and the wasted costs would be a bonus so don't worry too much if you don't get any joy.....it's early days in the wasted costs order.

Good luck and c u around on one forum or another:p the finish line is in sight on all counts:D

Brownie24

Good luck Cookie monster......not long now before you receive payment:D

Hi Cookie-monster

Get your court bundle submitted, cause as yet they have not settled this claim and you have not agreed on their final settlement until you inform them you have done so......you also need to include wasted costs into your final settlement discussions now. If you do not submit your court bundle the judge will strike out your case.....you need to keep your hearing date open.....it will help in your final negotiations on costs as you will be able to remind them about the imminent date and that you will only consider this claim as settled when you have agreed to such.

I tried to claim for preparation time of 30 hours at £9.25, but Abbey only agreed to 20 hours - still a bonus in my eyes though.

HTH

Brownie24:)

Alice

send them an email nudging them along with the costs issue - ask them if they have taken time to consider this, and point out the fact that you have still not informed the court the case has settled and will not do so until you have come to an agreement on wasted costs. This is what I did and it was only when I nudged them along that they finally paid up. I sent an email to Louise Jacobs and Inga Kirkman.

HTH

Brownie24:)

WoooooooHooooooo.....CONGRATULATIONS:D

Had you just got your court bundle sent off? If not I would still do it tomoz and make out you had done so before you received the letter......then move on to claiming wasted costs;) Do not inform the court yet it has been settled until you have approached them for costs.

Let me know if you want me to send you a copy of the letter I sent once they had informed me of settlement.........I managed to get costs paid as well without having to submit a formal application:)

Brownie24

Good luck....not long now before you receive your cheque:D

Hi Uk

I am struggling at the mo to keep up with the payments, I have missed two months payments....oooppps, but I am going to make a payment of £50 this month, this is all I can afford at the mo but it is not enough to cover the acutual min payment. Do you think this will be acceptable? We are waiting for some money to come through when I will clear the arrears on the account but this is the best I can do at the mo. Don't want to jeopardise the whole claim process though.

Have experienced some financial probs recently as boyf was off work for 12 weeks for an operation.

Brownie24

My Court bundle went as follows.....and was successful for me:grin:

- Statement of evidence (don't think you need this)

- Copy of all correspondence

- Schedule of charges (Excel spreadsheet)

- Abbey bank statements

- Relevant case law to penalty charges

- OFT summary 5th April 2006

- OFT statement April 2006 - Calculating fair default charges in credit card contracts

- Early day motion - Default banking charges

- BBC News - The money programme bank comission

- Transcript of BBC radio interview with Peter McNamara

- The UTCCR 1999

- UCTA 1977

- SOGA 1982

However I submitted mine a week before the Lloyds success and think it is best now to also include terms & conditions, just so you have all angles covered. Also make sure you meet all the requirements as included in your directions given by judge........you will need to include a witness statement and don't appear to need the statement of evidence that I was directed to include.

You seem to have it spot on as to what you have to do and have all the directions covered. Yep no.6) is the direction for Abbey to submit their defence 21 days before the court hearing, if not the defence will be struck out and you win by default.

Get your court bundle off to the court and abbey asap and I am sure you will have full settlement before long.......then on to wasted costs:D Let me know if you want any help with this......I managed to win costs as well without having to submit a formal request:D

Hope that helps

Browni24:)

Hope that helps

Thanks for that Glav. It is on my account that they are threatening to issue a default, I have just today issued my LBA and also rejection of their offer letter, so tomoz I will put together a letter to the collections dept I am also going to send them a payment by cheque towards the account so that I am at least making some form of payment on the account.

Cheers

Brownie24:)

Bump to my last question.

and also am struggling to pay my capital one card at the mo and they have threatened to issue a default beginning of Sept:eek: can they still do this at the mo while a complaint is ongoing?

Brownie24