Chris Vs Lloyds Tsb

[BARTY]

Hi there,

Well its been 14 days and not heard athing from anyone, is this normal do you think? or do they drag it out the full 28 days?

Hi

Have they acknowledged the claim? You might be better giving your court a ring in the morning.

Barty

[chris-b]

Hi

I should of kept my mouth shut, :o

The postman has just brought me a letter from the courts!!

It is the notice that a Defence has been filed,

It has come with the AC and i have to get it back by the 11/12/06 and send a fee of £100.00,

there is also a letter of defence sent with it aswell, is this standard?

IF I DO WIN? Will i be able to claim the £100.00 back aswell?

[chris-b]

Hi, I am a bit stuck on section G, do i only enter the words'I believe the case will last no longer than 1 hour' ?

[BARTY]

Hi

WHEN you win you will get your £100 back.

Have a look at this for help in filling out your AQ:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Barty

[chris-b]

Thanks for that Barty,

The bit i was unsure of is that section G has a lot of text but only the bit about the case lasting one hour is highlighted in red, do i only insert this text or do i add more?? thanks.

[Michael Browne]

You can request Standard Disclosure:

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), 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.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

[chris-b]

Hi There.

I have been working away so havnt been able to keep you updated on my battle with lloyds,

well here goes, Not much has happenned apart from i took my AQ to the courts today and paid my £100 but when i got home i found a letter from S,C&M with a copy of there AQ that they have sent to the courts, In the bit at the back 'other information' they have put ' The Defendent intends to rely upon its defence and the terms and conditions that govern the account'

Is this a normal response from their solicitors?:?

[chris-b]

Hi,

I was just wondering if anyone could answer the above question as i have looked through the FAQs and cant see anything, i am just a bit concerned that there solicitors have sent an AQ to the courts??

any views would help, thanks.

[BARTY]

Hi

Yes this is OK, the solicitor is supposed to send it to the court.

All standard stuff, so nothing to worry about.

Barty:)

[chris-b]

Phew!

Lets just hope the rest is pretty standard stuff and i get paid,

The one thing i am worried about is the fact that i have claimed for overdraft interest aswell as 2.5k of unlawful charges.

[BARTY]

Hi

Did you claim for all your o/d interest or just the part that you are entitled to?

I'm sure if you've claimed for it all, Lloyds will just adjust the amount accordingly when they settle, so I don't think this will be a problem.

Barty:)

[chris-b]

Hi Barty,

Yes i claimed for the O/D interesrt aswell as the bank charges, i just went through every statement i had and claimed for everything that i could see that was against me, I think i got mixed up in the early stages as to what interest to claim, until i realised when i seen the spreadsheet that worked it out on this site! But i had already put the claim in by then so i just left it at that?

[chris-b]

At last i have had a reply from the courts,

The date is set for 19th march 07,

I hope it doesnt go as far as that and lloyds settle before?

is there anything else i need to do in the time between now and then?

chris..

[lucid]

Hi Chris,

 

In the letter from the court informing you of your court date were you given instructions to provide copies of all documents you intend to use as evidence to the court and the bank 14 days before the hearing? This is the court bundle an if you have been instructed to prepare one then it's a good idea to start gathering information. Check out bookworm's Basic Court Bundle post to get an idea of what you need to include. If there are no directions on the letter to do this it might be an idea to get in touch with the court - just to double check that you don't need to do one.

 

Good luck. Lucid