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sue wright

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Everything posted by sue wright

  1. Diane, just to let you know I have had the same reply even though they have had all the relevant detail re charges...glad I saw your thread as I posted a help yesterday Suz
  2. yes sent schedule of charges/interest (but separately )as it says in the claim 'another copy will be sent'.. so sent it to Lloyds, their solicitors and MCOL
  3. Hi, I followed the standard details as below (from the site.).. I then sent separately ( recorded del) the schedule of charges to SCM, Lloyds and MCOL which had the description of the charge (unpaid dd/OD excess fee or unpaid chq) the date it occurred and the amount, then interest to date for each. Account details/number/name /sort code...they have had all this.? The Claimant has an account 00529526 with the Defendant opened 1996. Since 09/12/05 the Defendant debited charges and interest in respect of purported breaches of contract. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: (a) return of the amounts debited of £625; (b) Interest per S.69 County Courts Act 1984 of 8% - £29.67 ( as at 9/10/06) and continuing at 8% until judgment or settlement at a daily rate of £0.14. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs to be allowed by the Court. ===========================================
  4. Hi..could someone please advise.....? Have received the defence /counterclaim from Lloyds with my Allocation q'aire to fill in.... However,..the defence states >> ...."the particulars of the claim do not comply with Civil Procedure Rules as ( amongt other things) they do not fully identify the account that appears to form the subject matter of these proceedings or indeed show how the sum of £625 is arrived at and the particulars of the claim are too vague. The claimant should therefore be ordered to file and serve an amended claim to set out the basis in law and fact for his claim as there is no real pleaded basis for the claim itself. The claimant should give full particulars of the bank account and the charges he is seeking to recover, identifying each charge, the date and the amount of the chatge he alledges it is a disproportionate penalty and thus unlawful. The defendant should then be given the opportunity to defend the proceedings further' It then goes on about providing a service...provides details of the bank charges and by using the account how the customer acknowledges that the charges are incorporated into the contract...blah :confused:Is this a normal reply.. or do I have to file/serve an amended claim? Have already sent a schedule of all the charges/description/date incurred/amount /account details etc to Lloyds, their solicitors and MCOL:confused: thanks Suz Claim number: 6QZ71718 Issued: 12 Oct 06 Court: Salford County Court Charges: £625 Interest: £29.80 Costs: £80+tbc Total Claim: £tbc
  5. thanks..jr....will have a look again at the FAQs....just get bit bog eyed with all the stuff on here..all good stuff tho
  6. Have tonight put in a claim against Lloyds... following the wording as reccommended.. so it will go out tomorrow. Having stated the amount of charges and interest to date .. on the claim..can someone tell me ...do I now need to send out the list of charges and interest ( spreadsheet) to both Lloyds and Court as I have said will send it again (as it states in template)... do i just send it to Lloyds address and the MCOL address at Northampton with the claim reference ...or do I wait until its acknowledged? thanks
  7. Hi... I already looked at the MCOL site yesterday and I thought that it was possible for him to do that .. even tho my son is temporariliy in China>>still has a 'service' address... from MCOL - FAQ's>>>>which is why thought would be simpler him doing it>> Q. I live abroad can I still issue a claim A. Yes. If you have a service address in England or Wales.
  8. Hi.. thanks for the replys..( Lancsman/Reload) ... my son is now in China teaching.. and I drafted the initial letters to the bank on his behalf ( he signed them). I suppose he could make the on line claim himself ..then we would only need this power of attorney for me to represent him..if it went to court as it would only come into play then? Just if i start the claim I will need to get power of attorney first..for the whole claim process and this could take some weeks ..to get it signed....and post back/forth to china not very quick..or reliable...before i begin. Maybe would be best to get him to make on-line claim and I could pursue power of attorney at same time..just in case? If there's a form on the website he could print it off and sign/send it.. BTW ...is this in addition to a form that may be required from his bank (mentioned by lancsman) or would my son making the claim avoid this as well ...again until court stage..if it got that far. Many thanks for all your advice....
  9. I'm just about to start my on-line claim which I am doing on behalf of my son...and looking at the on line info... I'm not sure whether to make claim in his name ( he's ok with that) or as the online info says ...could be me as the claimant stating I am representative for my son.( he's currently out of the country and will be for some months) Have progressed all so far in his name...and would probably prefer to do so still..can I register as my son (claimant)? but payment details would be from me so unsure whether can actually do this? More importantly dont know whether this would cause any excuse for hold ups or questions from Lloyds....to stall it And if it does get to court would be me that is representing him... dont know whether that would present any problem if had his name as claimant? Also, has anyone claimed for time taken to prepare for all this ... is it worth bothering with or just an added complication to getting your money back?....did see some info on this previously but cant recall where it is now... aleady decided not to the pursue the interest other than the 8%.....just galls me that these fat baskets are getting away with so much...!! Thanks for any advice..
  10. I had actually referred to the interest and my costs in my letter to Lloyds but not actually 'calculated' the interest..so gave them a schedule and total of the charges only. At that point was only aware that you could claim the OD interest due to the charging...and not aware of this 8% sec 69. So it was the contractual interest that im asking whether i should advise the bank of of the detail or suffice to just refer to it (as have done)and claim it when i submit to court.... this was the one that i said i didnt know what the interest rate was for the past 10 months and whether I could use a flat rate ...as there were no details on Lloyds website for past rates other than savings..though cant imagine the unauthorised borrowing rate has changed that much...?
  11. Have spent ages on the site looking at the (contractual) interest issue and spreadsheets and just cant get my head around it. all..also dont know the precise interest rates that were charged over the past 10 months for which I would like to claim (on behalf of my son)..have only the current months rate which is advertised at 29.8 for unauthorised borrowing. Prob why a lot of people aren't bothering with this..as its just far too complicated . Maybe a stupid q but ..is it possible to claim for a flat rate over the period that would be 'reasonable ' as a claim say at 25% ...and would be well under the actual contractual rate.? or do i need the accurate figure for each month?.....probably will give up on this contractual interest aspect as I dont think that i can make progress with this in time to file a claim. thanks for all advice..
  12. Thanks Bong..was just about the right tone..and know what you mean about posting a thread.!...anyway was looking at the vampiress chambers? spreadsheet before instead of the 'simple' one where you just enter figs and works out the 8% interest. As i didn't calculate the interest before when asked for the charges ..do i need to send ano letter or can just go ahead with the court action and include them in here? many thanks
  13. Hi I am trying to recoup bank charges/fees of £625 for my son from Lloyds ..over the past 10 months... have sent the first 2 letters based on site info advice and templates... I already had statements and listed the charges I requested for refund) Have now had the standard letter responses that some other readers have received, finally referring me to the FOS ...so ready to take the next step. However now have information overload from the site and scared of messing up this next phase.. issuing court case.. Not sure whether to bother with the interest at all as seems so complicated:shock: (well for me!) spreadsheet def scared me off..and not even sure about compounded and stat interest...or what they actually are.?.. .. so didnt know what to try to fill in here.... Also does it make it more straightforward by just claiming charges..no interest? My initial letter was sent to the local bank and then passed on to their customer services recovery centre, who have responded both times...although the registered office address is the London address on the letteer footer.. which address do I need to use now? thanks Suz
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