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  1. Hi Thanks for the responses, I dont know where I'd be without this site. I have drafted an amended particulars of claim as per the link to Jordash vs. Barclays. I am ready to send back to the courts, my question is should I also send a copy to Lloyds sols, they do have a copy of the original POC and schedule of charges. Or is it just the court that need the amended version Regards RP
  2. Hi Can anybody add any further to the above many thanks Ross
  3. Hi Thanks for the posts, it is actually St Albans court. The fully detailed response is excellent thanks. I had originally used... Particulars of claim (online form) I have a contract with Lloyds TSB Bank PLC,conducted on their standard terms andconditions. I am claiming return of money taken by the defendant in the way of charges over the last 6 years, totaling £2337. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (23/1/01) to (1/2/07) of £398.47 and also interest at the same rate up to thedate of judgment or earlier payment at a daily rate of 8%. Thus a total of 2735.47. and then with the allocation questionnaire tfe following... Other Information I am respectfully requesting that my claim be allocated to the small claims track. This issue is not complicated, it is an issue of fact and not law. The issue is only whether the money levied by the defendant in respect of contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the defendent did not counterclaim for these, because i would have paid them without arguement. However, the continuing problem is that the banks refuse to reveal the details of their penalty charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Is their request for a plain English statement reasonable? Many thanks RP
  4. Hi Please can someone help me out. I have followed all the instructions on this site, and have proceeded to court. I have paid for the initial court fee of £120 then this was moved to my local court and I have had to send another £100. Thinking that all was in order I have received a letter from the court today stating the following: "IT IS ORDERED THAT: 1. The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitue compliance) The claimant must amend or substitute its particulars of the claim setting out the claimant's case in plain english by 4pm on the 20th April 2007 and in default, the claim be struck out without further notice. If the above order is complied with tthe defendant has permission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain english. 2. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed." Can someone please advise of the best course of action. Many thanks in anticipation... RP
  5. Hello All Prelim Letter requesting payments states that the institute has 14 days to respond is this working days? or are weekends included? Many thanks RP
  6. this is brilliant thanks, they did not treat my DPA request as formal and therefore sent dodgy copies of the statements, should i send back the cheque and ask for full formal DPA request before accepting the part payment or should I stick with what I have got and go back requesting the full amount what do you think? Cheers RP
  7. First Direct was settled without interest however I did not have the account for long and therefore it would not have amounted to much. Lloyds is my current account, they have not come back with an offer yet! I have opened a new account with A&L in anticipation of Lloyds closing mine, if they do not then I will stay with them. Hope this helps RP
  8. Hi All I am currently taking on the three institutions above with varying degress of success. First Direct have been excellent and have offered full settlement with no problems. Lloyds TSB have been a little slow in returning Bank Statements however received them today and have returned a request for £2337. My problem lies with MBNA, they have not returned the requested statements, instead have credited my account with £490 as a goodwill gesture. I have roughly calculated that unlawful charges amount to £1016. Can anyone confirm how likely I am to acquire the full amount? The letter I have received seems quite heavy and working in the financial services myself seems correct. They state that I agreed to the charges when I signed up for the said Credit Card and that they are within their rights to charge me, therefore would I have a leg to stand on in court? if not should I accept the gesture? Any thoughts would be greatly received. Many thanks in advance RP
  9. Thanks for the response and the advice, I'll try that Cheers RP
  10. Hi All I am new to this, I am about to embark on taking on Lloyds TSB, First Direct & MBNA, however before I do I was wondering whether you nice folk out there may be able to help me. I have an overdraft facility with Lloyds TSB one which can be matched by A&L if necessary however I am not in a position to pay it off at the moment. When I send my initial letter to Lloyds & Co will they suspend my account and therefore start the ball rolling re: recovering monies owed to them or will they deduct what is owed to them from any settlement figures offered? Obviously the new overdraft facility can if necessary pay off the old one however due to cash flow problems could do without going down this route. Many thanks in advance for your time. RP
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