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Lloyds COUNTERCLAIM


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This is quite a long story, so if your'e sittting comfortably I'll begin.

 

When I started the process against Lloyds there were 2 accounts involved,

However they only supplied data on one, A joint current account on which I eventually issued a money claim for £745. Lloyds entered their defence explaining how the chaarges were for services, and CETAINLY not any form of penalty.

 

The second account was aloan account in my wifes name and the only reference to this account was a sheet of letterhead marked copy statement showing a perfect payment record!!! I WISH

after the 40 day period elapsed I sent the DPA Letter before action, this produced no result so I issued a claim asking for an order to be made to force Lloyds to comply with the DPA.

 

They have issued a defence stating that the information was sent in may.

 

They have also put in a counterclaim for £398 being the balance owed on the current account.

so

i. the counterclaim is for an amount which consists 100% of penalty charges

ii. Surely having previously entered a defence and no counterclaim on the claim for the current account its too late now.

iii. If their contention that the daata was sent is true then the "list of payments" must be correct. Therefore all the charges raised on the current account for non payment of these payments are not only unlawful they are a total myth I now seem to have some sort of proof that the payments were all made on time!!!!!

I think that this is going to get very interesting quite quickly and would welcome help on how to frame my response to the counterclaim.

 

J:o

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Help has any one ny ideas for the counterclaim

 

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Share on other sites

Help Please

has any one any ideas for the counterclaim.

 

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Share on other sites

If i read this write, you have a claim going ahead for £745.

 

Lloyds are counter claiming that you owe them £398 from another account.

 

However the £398 is in fact all charges.

 

If this is the case, then i would write to them stating that you will continue with your claim and intend to show in court that the £398 is in fact made up of unlawful charges.

 

Tell them that once you have settled this claim you intend to pursue them for the £398.

 

As far as i can see they are just trying to get you to settle before court for less, if what you say is right they haven't got a leg to stand on and they know it. I won't be surprised that they end up offering you the £745 plus the £398 or at least clear the balance of the other account.

 

Call their bluff.

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