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pocla

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  1. doh hit the wrong button... thanks, have PMd to get this one moved. And thanks thanks thanks again everyone who helped me!
  2. WE DID IT!!!! Didn't get round to getting the court bundle together at the weekend, just as well because yesterday (Weds) we received a letter from SC&M telling us that Lloyds had agreed to settle our claim for the full amount (£687.90) inc court costs. Their letter said: We checked the bank account, and there it was! SO HANG IN THERE EVERYONE!! it will happen... eventually Can anyone tell me what I need to do to move this to the successes threads? Thanks so much to everyone for all your help, we really couldn't have done it without this site. :D
  3. more updating... I did phone the court to ask them what was happening - they said really busy at the moment, will be notified by post when court date allocated. Got a court date about 2 days ago - 2nd August. States on the letter that they are following the 'double booking' system, so the date, time and venue are liable to change, right up until the day before the hearing - we have to phone them on 1st August to confirm its still going ahead. We have until 19th July (4 weeks or so) to get bundle in, but I'm going to start work on it this weekend - I figure the sooner it's in the better, and it might just give LTSB the kick they need to refund the money. Heres hoping?!! Thanks again for everyone's help so far
  4. Good luck!! We're in the same sort of boat... We started our claim (£700 or so) at the beginning of the year, no joy at all so far. I told a friend about it all, and suggested he have a go. He started the ball rolling at the end of March, and he got full settlement for around £2000 just as the deadline on his LBA ran out. Jam-mee!!! Makes no sense to me, but that's Lloyds I suppose! We're still waiting for a court date at the moment - we were asked by the court to file a schedule of charges by the 5th of May - which we did - and I phoned them to make sure they got there. Since then we haven't heard a thing! I phoned them about 2 weeks ago to see what was happening, and make sure things hadn't got lost in the post, the woman I spoke to said the court was busy.... so god knows how long it will take. Anyway, good luck again, hope it all works for you!
  5. ok little update.. but not much more news! The court requested that we send another copy of the schedule of charges by 5th May, did so (and phoned to check they got there...) Now we haven't heard a thing. Is this normal? Should I be expecting a request for the court bundle/date for hearing sometime soon? Now I've asked it will probably arrive in the post on Monday, but am starting to get worried that it's all gone quiet! Am joining the hunt for old t&c.... will put them up if I find any. Keep smiling, we'll all get there!
  6. I just answered my own question. Was about to ask you if it's still ok to include M Orton's letter as I haven't sent anything to Lloyds asking them to justify charges. Then realised it just refers to letter, doesn't say that I actually sent one myself.... oh god it's getting late!! Ignore the above, ramblings of an overworked mind! So, I will PM Gary to request a copy of the letter. Thanks very much for clearing that one up for me.
  7. Hi guys, sorry for late reply I've been working on my office computer at the same time as doing this, forgot to look! Thanks Barty, as you can see from GuidoT I did indeed send my charges to the court (and to Lloyds about a million times!) Thanks GuidoT, will do this tomorrow. Getting bit more stressful now! Think it's all the legal jargon, I find it a little intimidating. Will let you know how we get on with it. A little aside.... any thoughts on my earlier post about the statement of evidence and whether to include point 7? Thanks so much
  8. ok, things are moving along. Today received two letters: 1 from Lloyds; 1 from court. Lloyds: It's taken them a whole 2 months to write 8 lines!! after reading this forum not really suprised though... Court: Now, does this mean I now send: schedule of charges; statements showing charges; statements of evidence; and the court bundle (statutes and case law) to the court? If so do I need to send a copy to SC&M? Or am I jumping the gun and all I need to do is send another schedule of charges? Thanks
  9. Just keep going and keep the faith! We also went through moneyclaim, and received Lloyds 9 point defence last week, you may find this link worth looking at for when yours comes through - judges seem to be not requesting allocation questionnaires anymore, this post has great advice for what to do instead: http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html Good luck!
  10. When I found out we don't have to do an AQ, I thought I'd have a search and see if anyone else was in the same situation, and what they were doing. I found a post in the HSBC group that suggests sending an offer letter to the banks solicitors ('DG' are HSBC's solicitors): (see http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html for the whole lot) Just thought it doesn't hurt to keep trying to solve it amicably. Know its unlikely, but its worth a try - also bearing in mind that a leaflet on mediation was enclosed with Lloyds defence when it arrived from the court. I'm sure the courts/judges would prefer it getting solved sooner, so any attempt on my part to do that should go in my favour? Hope this all makes sense. Bit more work, but hey ho!
  11. Hi, can anyone help me with this? I know my last few posts were a bit long and complicated so I'll try and simplify it here.... Firstly, we have been told (by Northampton Court) we do not have to do an Allocation Questionnaire (unless our local judge decides otherwise) 1) going to send an offer letter to Lloyds. Our total claim (inc costs) is £691.90, so will send them a letter saying we are willing to accept £690. 2) Will send the draft order for directions to local county court. Now... do we need to send a copy of the offer letter to the court as well as Lloyds? Should we send the offer letter before the draft order, after, at the same time, OR does it not really matter?? Still haven't worked out the statement of evidence stuff in my last post, so any thoughts on that would be very helpful
  12. And another one... sorry, I'm just trying to get all this draft order stuff sorted in one go! In the template statement of evidence, 7. says: We haven't had anything from Lloyds like this. In their letter to us, they don't refer to the charges as penalties, defaults or exist to cover costs. They seem to have been very careful not to! The only paragraph I've found that alludes to recovering costs is: Should I include that in the statement of evidence? Or shall I just delete point 7? Any thoughts very grateful.
  13. p.s..... when I send the offer letter to Lloyds do I need to notify the court that I've sent this to them (ie send them a copy as well)?? Or should I mention it later? thanks
  14. Cool. I've read up on the new way to deal with allocation questionnaires (or lack of) and this is my plan. 1) phone the court in the morning and ask if the judge is likely to request an AQ. 2) if not, send offer letter to Lloyds (see http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html) I've read through all the stuff about sending draft directions to the court - when should I do this? At the same time as I make Lloyds an offer? or should I wait five days or so for Lloyds to get back to me and then send the draft directions off? Also, as the 8% interest is going up by the day, copies of my schedule of charges that I send are going to have different amounts on as time goes by. Is this ok? For example, when I issued the claim, it was for £607.90. Now I'm sending Lloyds the offer letter, the charges total £611.29. And when I send the court bundle in as per draft order directions, it will be for a higher amount. Don't know if I'm getting myself in a tizz over nothing....any ideas? Cheers everyone
  15. 5th April Lloyds filed a defence, and the case has been transferred to Lewes county court. In the defence that was sent to us, there's a sheet of paper from the court saying: "without hearing it is ordered that the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise" Is this fairly normal? And does it mean we're just being put straight on the fast-track? The defence Lloyds has entered has 9 points to it. Should I post them here or are they usually all the same? The last one says "The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the bank." Scary stuff, looks like we're getting there!
  16. Nice one, thanks guys. Will let you know how we get on....
  17. Hi, I've also just begun going through Moneyclaim. From help I've received, I believe you need to send a schedule of your charges plus the 8% interest to Moneyclaim, asking them to attach it to the particulars of your claim. Then wait for Lloyds solicitors (SC&M) to send you a Notice of Acknowledgement. Then send SC&M a copy of the schedule of charges plus 8% interest that you sent to the court. Here is a link to my thread so you can see for yourself what we have done/and template letters to send: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/73080-pocla-lloyds.html Hope this helps
  18. Well here we go.... Two days before the deadline a Notice of Acknowledgement arrived from SC&M, they intend to defend the whole claim. So now I will send a copy of the list of charges which includes the 8% interest to SC&M. We're a little bit scared now, but trying hard not to think about it and remind ourselves that they don't follow it all the way to court, our case is no different to all the others here. It's hard though!! Just in case it ever did get to court, should we think about getting a professional to represent us? Someone said to us that judges don't like it when you defend yourself. Don't know, any thoughts? Thanks for everyones help and support so far
  19. Great thanks for that. Have filed the claim with MCOL, sent off two copies of schedule of charges to the court. We'll see what happens..... fingers crossed!! Will post updates to let you know how we get on.
  20. Hi, Pretty certain you can claim c and d (someone else confirm?!) Not sure how 'a' works out though - in the templates libraries the advanced spreadsheets calculate the overdraft interest - I haven't included the overdraft interest in my claim though, as I found it a bit complex.... Hope this helps
  21. Ok, had got a copy of this letter to send (along with the schedule of charges). How do I find out the address of the Lloyds TSB solicitors? I was just going to send it to the customer service recovery centre their last reply came from... The only 'official' address I could find on their website was their office in Gresham Street, London. Cheers
  22. cool, cheers for warning... will check check and check again!
  23. Little update... Today is the day I'm going to start court proceedings, and lo and behold... The local bank manager phoned my partner and asked to make an appt to speak to him about his account in general. We have decided to ignore this, as he mentioned nothing about the threatened legal action or repaying of any charges, and the appt he made was for the end of March. So later this evening I will be beginning our claim with moneyclaim online. If there is anything in particular I should be aware of re moneyclaim...? I know about the character limit already. Cheers guys
  24. Thanks Barracad, just read the post you pointed me to and am breathing (a little!) easier again. Will get on with it on Tues and let everyone know what happens.
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