lloyds are taking US to court-counterclaim help needed -please!!

[jubaxt]

Hi folks.

Back in 2007, before the oft case,we had sent prelim and lba to Loyds for charges on our current account(joint names) for approx £5000ish.

We received £750 as a goodwill payment and nothing else.We could not afford to pay the court fee so our claim was never filed(are we stupid or what?)

The account was left with a £2500 overdraft and has not been used in a year or so.

 

hubby also had a loan which defaulted and this morning he has received a court claim for that account for £4874 + costs which takes it to £5039.40.

 

he is away at the mo so I will be left to sort out the counterclaim-please help me someone:cool:

[nicklea]

ok, Could you type up what the particulars of claim actually say and also what the date on the letter is.

 

You need to acknowledge service within 19 days of the date shown on the form. YOu then have 33 days from the date on the form to hand your defence in

[JOSH_IOU]

I wish they would take me to court. My claim is on stay.

 

I think If you defend your claim like evryone else is they will ask for a stay.

 

It would be interesting to see what they have included in there particulars. BY any chance are they saying you are breaking your contract?

[photoman]

Was the £750 offered and accepted purely as a "goodwill gesture / gesture of goodwill etc" (GOGW).

ie.

Did they state on the offer it was a goodwill gesture and without prejudice?

Did you sign anything before accepting it?

Hopefully this did not stipulate anything about it being a full and final settlement with regards the claim, or indicate that by accepting it you waived any rights to continue with the claim etc.

You must check on this.

 

If it was purely a GOGW, then you should now just proceed with the claim through the courts.

There will be no need to deduct the £750 from the total, as this was given to you purely as a goodwill gesture (ie; it was just a gift... or some may say a bribe), and so has no bearing upon the total of the claim.

 

Secondly, was the loan a consolidation loan?

ie. was it taken out to clear borrowing upon the current account that is the subject of your claim?

Or was it taken out to buy or pay off something else (Car, Home extension, some debts or borrowing elsewhere etc)?

 

If it was a consolidation loan, then you may be able to reply to their defence along the lines of; The loan was taken out to repay sums allegedly owed by the defendant (you) to the claimant (The bank) upon another account. These sums are in dispute because they had in actual fact largely accrued due to the claimants own previous acts of regularly taking sums from the account unlawfully. So the alleged debt is currently under dispute, and now relates to actions being taken upon the other account. (Look around for the best wording)

 

If was taken for some other purpose, it may be trickier.

 

I've not had to actually do this myself, so can't help with exact wording, but there are lots of similar cases and suggestions on site. I'm sure someone will be along to help you with the wording or point you in the right direction.

 

In any case, you should go to the step by step pages, and the templates library and now prepare your POC's for your claim upon the main account.

 

You really should then file this at court ASAP.

 

You should read up on the court costs, as you might even find that you could qualify for waived fees or a reduction.

 

If not, and you do have to pay, then it really would be money well spent (and it will be reclaimable from the defendant anyway).

[jubaxt]

hi folks-things gone from bad to worse-we had a bit of a problem after receiving the summons and, due to time constraints, decided to ask for extra time to pay the amount-(with the intention of then continuing with the charges claim afterwards).

 

A letter was sent to s,c &m with our payment proposal.

 

HOWEVER-today they have responded by saying that their client(Lloyds) still intend to seek judgement-Is it too late to prevent a judgement being entered?

 

many thanks

[JOSH_IOU]

Why put your own claim in?

 

Cant you just inform the court you wish to counterclaim?

[jubaxt]

nope-too late-

 

I sent the application for more time to pay to s,c &m.They have applied for judgement but we received the summons mid june so...........too late now to counter-claim:mad:

[photoman]

Have you seen this thread ?

 

Don't know if this route could be of use ?

 

http://www.consumeractiongroup.co.uk/forum/general/125636-36-offers-implications-tactics.html

 

PM

[ukaviator]

Do they actually have judgment?. . If they do not, and you need to be quick, is fill in form N244 and apply for a set aside.

 

The court may agree to set aside the Default judgment if you did not send in a reply form within the time limits if it thinks you have real chance of a successful defence to the claim, and the court thinks you have a "good reason" to set aside the judgment e.g. where you did not get the papers through the post.

 

Also ask the court to stop any enforcement of the judgment until after the hearing to set the judgment aside.

 

There will be a hearing in your local County Court in private with a District Judge. The court will take into account how quickly you made the application and may want to know the reason for any delay e.g. you only just found out about the judgment, or due to the test case on hold, you thought this would be on hold as well.

 

Get the form in quick stating that the claim should be set aside as your counterclaim is bank charges related and all claims are on hold pending the test case out come. Maybe worth a call to the court manager for some more advice on this, they are there to assist too.