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Diane Harris

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  1. Hi just thought I'd let you know that we have just been paid out in full by [problem] on behalf of Lloyds TSB, they asked for a months stay to try and settle so we sent them the letter, as provided above, asking them to settle then! We followed up with a phone call and the cheque was in the account in a couple of weeks. Just keep going. Good luck.
  2. Hi just thought I'd lett everyone know that [problem] settled in full, a cheque was paid into my sisters account last week for the full amount, so yippee!! and good luck to everyone else, just keep going. Thank you to everyone on the site,couldnt have done it without you. Will be sending a donation.
  3. Got copy of AQ from [problem] asking for another month to try and settle so am going to send them the letter on this site which asks them to "settle then". Have you sent this? Dont forget to send a copy to the Court if so. Good luck. Keep posting too.
  4. Hi and well done!! I have just received a copy of the AQ from [problem] and yes, same thing, they are asking for extra month to try and settle. I will be sending off the letter asking them to "settle then "(full amount). Fingers crossed.
  5. Hi, just been reading through your posts and I have had exactly the same problem as you with Lloyds defense saying that the account was not identified and particulars of claim not properly stated etc. Even though I had previously supplied 2 copies of the schedule of charges to the Bank and had been communicating with the bank for 2 months prior to lodging MCOL, so they obviously knew the account details to which the claim related, even though I missed the account no. off the MCOL form. I have now sent in the Allocation Questionaire with another copy of the schedule of charges to the court, also sent another copy of AQ to Sachiari and Clark Solicitors along with schedule of charges. Just waiting anxiously now!! Dont worry there are a lot of us in the same boat, making the same small slip ups. Its quite nerve racking!! I have spent hours and hours trawling around this site for info. of which there is everything you need to know but it sometimes takes ages to find it again. Keep going and good luck.
  6. Hi Alison I seem to be at the same stage as you, got the same defense reply from Lloyds Solicitors too. Just about to send AQ off this week, good luck!!
  7. Thanks so much to everyone who has replied to my post, I am feeling more confident now again, was in a bit of a panic thinking I had messed up. Also can anyone advise re the allocation questionaire part D. Witnesses. I am assisting my sister with this claim as it is her claim against Lloyds, will she be able to call me as witness as I think I will be able to help her. Does anyone know if you can call another family member as witness please?
  8. Hi there! Got the exact same defense from Lloyds. Even though I did provide details same as you, if you follow Diane Harris thread you will see the replies I got, basically ignore it! There is some useful information posted in my replies as to what to put on the allocation questionaire. Good luck. I was in a right panic till I got some replies but feeling more confident again now. I did forget to put the bank account number on the online claim but this shouldnt make any difference as it was on the schedule of charges I sent to the court and to the bank previously. Let me know how you get on.
  9. Have lodged a claim against Lloyds TSB on behalf of my sister, we have received a defence from their Solicitors Sechiari Clark and Mitchell which gives all the usual stuff about their charges being fair and not penalties etc. but part of their defence states: "The Particulars of Claim do not comply with the Civil Procedure Rules as (amongst other things)they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £843.64 is arrived at and the Particulars of 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 her 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 she is seeking to recover, identifying each charge, the date and amount of the charge and why the Claimant in each case she alleges it is a disproportionate penalty and thus unlawful. The Defendant should then be given the opportunity to defend the proceeding further." Can anyone advise us what to do now, we have the Allocation Questionaire to fill in too but want to know what to do about the above statement. We supplied a list of charges to the bank by hand and got this stamped received and we also emailed a list of charges to the bank and got a reply confirming receipt. We sent a copy to the court also. When we filed our online court claim all the details were entered as per the guidelines set out on this site but we may have omitted the account no. Any advice please urgent!!!!
  10. I have lodged a claim on behalf of my sister against LLoyds TSB following all the guidelines. DPA request sent in August, request for refund sent 14.9.06, reply from bank saying "sorry your unhappy but refer to ombudsman" etc. received 21 Sept., further email sent to bank 27.9.06, acknowledged 6.10.06 saying this is banks final response, online court claim issd 9.10.06, list of charges sent to Court and Bank (stamped received) 11.10.06. Total claim including interest is £843.64. The bank has now lodged a defence saying all the usual about charges being fair and that they are not penalty charges but also they state that "the Particulars of Claim do not compy with the Civil Procedure Rules as amongst other things they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £843.64 is arrived at and the Particulars of Claim are too vague. The defence goes on to say that the Claimant should be ordered to file and serve an amended claim to set out the basis in law and fact for her 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 she is seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case she alleges it is a disporportionate penalty and thus unlawful." We have supplied this information to the bank previously, can you now please help with what to do next. Thank you
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