mollymoo V Lloyds **WON**

[mollymoo]

Hi all,

 

I am a little way behind some people as i have just had my "our final response is you are not getting any money" letter so i am now about to start court proceedings.

 

Could anyone who has done this, please give me some advice.

 

e.g. on the Moneyclaim site, what address goes in for the address of the person i am claiming against? Is it the same person who i have been receiving letters from from Lloyds?

Also, how much does the claim cost. I need to know before i fill out the claim to make sure (ironically) i have enough in the bank to cover it (wouldn't want to go overdrawn now would i?)

 

Any other advice on what to put in the claim or any advice on what lies ahead would be gratefully received.

 

Thanks a lot,

Mollymoo

[MARTIN3030]

Hi all,

 

I am a little way behind some people as i have just had my "our final response is you are not getting any money" letter so i am now about to start court proceedings.

 

Could anyone who has done this, please give me some advice.

 

e.g. on the Moneyclaim site, what address goes in for the address of the person i am claiming against? Is it the same person who i have been receiving letters from from Lloyds?

Also, how much does the claim cost. I need to know before i fill out the claim to make sure (ironically) i have enough in the bank to cover it (wouldn't want to go overdrawn now would i?)

 

Any other advice on what to put in the claim or any advice on what lies ahead would be gratefully received.

 

Thanks a lot,

Mollymoo

 

 

Hi first of all you are claiming against Lioyds Tsb plc

You can use the address they give on their last letters to you.

 

The cost of the fee depends on how much you want to claim (the total)

if you put the figures in the boxes and press calculate it does it all for you.

You can save the application before proceeding to payment so you have lots of stages wherby you can check before payment is taken

 

go for it

 

Good luck

[mollymoo]

Should i use the womans name who i have been corresponding with in the address part of the claim or just the bank and the address??

Anyonre could open it if i do that.

[mollymoo]

On the Moneyclaim form, is there a template for the "particulars of the claim" section? or is it just your claim info?

Do i break it down into each individual overdraft excess fee and interest or do i just say that i have been charged xxxx amount of money??

 

Also on the costs page it mentions solicitors costs? why is this?

 

any help would be most welcome.

 

Thanks all,

Mollymoo

[MARTIN3030]

On the Moneyclaim form, is there a template for the "particulars of the claim" section? or is it just your claim info?

Do i break it down into each individual overdraft excess fee and interest or do i just say that i have been charged xxxx amount of money??

 

Also on the costs page it mentions solicitors costs? why is this?

 

any help would be most welcome.

 

Thanks all,

Mollymoo

 

For your first question..........just the bank name and address

 

here is an idea for your claim particulars fill in the missing bite with your own figs do the interest figs as a whole one and work out the daily rate up to filing

in solicitors costs leave blamk

for human rights tick no

 

 

 

This may need adjusting to fit

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00)

[MARTIN3030]

btw claim ref is for you ie rbs penalty charges.

[mollymoo]

cheers for that,

 

so do i also claim for 8% of the charges and interest (which is £2470)?

 

anything else i should know or that may help?

 

Thanks again.

[MARTIN3030]

yep you are right in your summary.

 

nothing else file now before 12.00.

 

soon after 10.00 in morning you may find it has been submitted

 

 

You have done well.........now just sit back and wait for the dosh

[mollymoo]

Hi,

what do i put on the moneyclaim form for this question?

Does or will your claim include any issues under the Human Rights Act 1998?

 

and this one?

Do you want to reserve the right to claim interest?

 

the figures i have are for overdraft excess fees, direct debit refusal fees and overdraft interest.

is this right or does the overdraft interest not count or come under another topic.

please help as i am now totally confused.

 

do i add the 8% to the claim? or is that what the "do you want to reserve the right to claim interest" question is for?

 

thanks all

mollymoo

[Sophie-Jane]

Hi,

what do i put on the moneyclaim form for this question?

Does or will your claim include any issues under the Human Rights Act 1998?

 

NO

 

 

and this one?

Do you want to reserve the right to claim interest?

 

YES

 

the figures i have are for overdraft excess fees, direct debit refusal fees and overdraft interest.

is this right or does the overdraft interest not count or come under another topic.

please help as i am now totally confused.

 

It should be in your calculation, but with it being so complex, many / most do not bother.

 

do i add the 8% to the claim? or is that what the "do you want to reserve the right to claim interest" question is for?

 

thanks all

mollymoo

 

ADD the 8% which your calculation was on the 3rd Aug 2006, at £2470, The interest question comes into play on the Full amount you are claiming for, after the form has been submitted

 

Hope this helps

[mollymoo]

so do i work out 8% of £2470 and add it to the £2470 and make this figure the amount that i am claiming for?

 

or do i leave the claim figure at £2470 and tick the "right to claim interest box"?

 

or do i do both?

 

cheers

[Sophie-Jane]

Sorry should of been a bit clearer

 

Your Claim with Interest at 8% is £2470 ???

 

So your Claim is for £2470 with the Right to Claim interest

 

So Claim is £2470

 

Tick box "Right to claim Interest"

 

Hope this clears it up for you

[Sophie-Jane]

Have you worked out the Daily rate for the particulars of the claim

 

The way I worked this out, on the speadsheet, I entered the Full amount say £2470 as a charge / offence and then put in yesterdays date, which gave me the daily interest £ per day

[mollymoo]

it's my fault.

my claim is for £2470 (this is for DD refusals, O/D excess fees and O/D interest combined).

so do i add on another 8% of this?

and if so, in the "particulars of the claim" section, what do i put for this 8%?

is it interest that i would have got on my £2470 had it not been taken from me??

 

Cheers

[Sophie-Jane]

it's my fault.

my claim is for £2470 (this is for DD refusals, O/D excess fees and O/D interest combined).

so do i add on another 8% of this?

and if so, in the "particulars of the claim" section, what do i put for this 8%?

is it interest that i would have got on my £2470 had it not been taken from me?? Cheers

 

Ok, Right add the 8% interest onto the £2470, the figure will be on the Speadsheet you used to calculate how much had been charged.

 

do not just add 8%, as this will not be correct, as the initial 8% is date specific per each and every charge

 

Once you have the Full Total with the 8%, then that would be your Claim amount.

 

and then also tick the "Right to Claim interest"

[mollymoo]

time to act thick i'm afraid.

i haven't used a spreadsheet. i just added together every charge they had given me over the past 6 years.

so what should i do?

Cheers

[Sophie-Jane]

HI

 

Use one of the following

 

Bank Accounts

 

England - Simple - Excel

England - Simple - Works

England - Simple - OpenOffice

England - Advanced - Excel

England - Advanced - Works

 

Scotland - Simple - Excel

Scotland - Simple - Works

 

Scotland - Advanced - Excel

Scotland - Advanced - Works

 

Credit Cards

 

England - Simple - Excel

England - Simple - Works

England - Simple - OpenOffice

 

England - Advanced - Excel

England - Advanced - Works

Scotland - Simple - Excel

Scotland - Simple - Works

[freebird]

Molly Moo I've just done my spead sheet and I'm oh so bad at maths believe me.........it did take me a while as I'm dyslexic too so I had to use a ruler to keep track of what I was copying but if you download the speadsheet out of the library and then fill in your own details, you'll manage it beleive me..when you're doing it the 8% interest will add on automatically for you, don't panick hun, if I can manage it with all my mania going on right now, you'll do it ok love

 

freebird x

[mollymoo]

wow, i've just looked at the spreadsheet and am now even more baffled.

 

Lloyds may have me beaten i fear.

[freebird]

no, no, don't panick,

1st row is the name of the charge

2nd row is the amount

3rd row is the date incurred

4th row days since offence

5th row 8%interest

 

 

just click in the first row and enter your first charge from your statement or own list and so on.

 

freebird......p.s. I'm not giving up now so you're not........!!!!!we owe it to ourselves and everyone struggling against the banks..to keep on going till the end..come on chuck, everyone on here will help you...

 

freebird x

[Sophie-Jane]

NO DO not Give up

 

If you would like, send me your List of Charges, with dates and amounts, and I will do it for you

 

It will be tomorrow before I can get around to doing it, as i'm off to Hospital soon to see my dad

 

Email me

[email protected]

 

and i will send it you back complete, with how much you need to claim for

[mollymoo]

thank you both - and everyone else - for your encouragement.

i will fight to the end!!

thanks Sophie-Jane but i can't let you do that.

(although if i am still struggling after a day or so then i will let you) lol

thanks freebird.

they will not beat me.

[Sophie-Jane]

thank you both - and everyone else - for your encouragement.

i will fight to the end!!

thanks Sophie-Jane but i can't let you do that.

(although if i am still struggling after a day or so then i will let you) lol

thanks freebird.

they will not beat me.

 

No worries, but do not leave it too long, as I am outta here next Sat, putting me in hospital for a couple of weeks, oh well, I'll feel better when I get out

[mollymoo]

nothing too serious i hope?

[mollymoo]

hi all,

 

on the spreadsheet, am i including the "overdraft interest" as a charge that i am claiming back???

 

or is that where the 8% interest comes in??