mollymoo V Lloyds **WON**

[mollymoo]

another post-free day as well.

want this wrapped up asap.

POSITIVE THINKING!!

just hand over MY cash you gits

[mollymoo]

Description

Defendant

Claim

Judgment

Warrant

money owed by lloyds lloydstsb plc defence 10/08/2006

how come it says this on my moneyclaim page when the claim wasnt served on LTSB until the 14th??

[mollymoo]

that looked so different before i sent it.

 

it is the status table on moneyclaim and under the "claim" heading, it says defence 10/08/2006. y?

[cathrionas]

Defense is filed 28 days after the claim is deemed served. The dates look right to me...

C

[mollymoo]

but the claim was served on the 14th august and it says defence 10th august.

[orfoster]

That is because they don't have real time system

 

You filled on 10th August which was Thursday. then the weekend, they allow two working days for the defendant to recieve the claim, it should say this somewhere in the issue letter that the courts sent you. Don't worry about it. You will get your money soon. I know it can be confusing system, they don't update their dates.

[ghorsburgh]

I am an ex lloyds tsb customer and i have arrears on my personal loan, I fully blame the bank for this situation as I have been paying unfair charges for years, can anybody advise me, would it be in my interest to go ahead with the claim.

[reload]

 

Yes it is worth going after your charges ghorsburgh

 

I'd suggest you read the Frequently Asked Questions forum, in particular the Step-by-Step Instructions, the FAQs themselves, and the Rules of Engagement. You'd do well to read the other threads in there too

 

Once you've got those under your belt, take a look at the Bank Templates Library. It contains all the letters you should need to see your claim through to the end.

[mollymoo]

i am still confused.

 

i filed the claim on the 9th august

it was deemed served on the 15th august

it was acknowledged on the 15th august also.

however it now says on moneyclaim "defence 10/08/2006"

i have heard nothing from the court or SCM (the delightful solicitors)

 

mollymoo

[cathrionas]

Hi Molly, Ever so sorry. you are clearly correct. They must have made a typo with the month. It should read 10/9/2006. I would contact the court, I guess. What a pain. BTW, yoour coorrected date will be the same as mine.

Best wishes,

Cat

[orfoster]

ohhhhhh sorry about that. I see. Yes contact court. Good Luck

[mollymoo]

ROYAL MAIL I SALUTE YOU.

 

my post has just arrived!!!!!! at 730pm!!!!!!!!

and with it was my AQ from the court and a copy of Lloyds defence.

 

could anybody tell me what it said in their defence from Lloyds so i can see if it is similar.

 

what grounds did they give to defend the claim???

 

cheers

[mollymoo]

hi all.

 

have i boobed?

 

i have received the defence and it says that "the particulars of the claim do not comply with the civil procedure rules as (amongst other things) they do not show how the sum of xxxx is arrived at and the particulars of claim are too vague. the statement of claim shows no reasonable grounds for bringing this claim"

 

i sent each and every charge detailed in every letter to lloyds. but i didn't include this in the particulars of claim.

was this stupid?

how do i get round this and will it harm the claim?

[dolly]

Please can you keep your posts together. Asking for this to be merged with the other thread.

[Number6]

The defence I received from LTSB is as follows:

 

3. Defence

 

1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

 

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank?s charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

 

cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards

ATMs (cash machines) .

 

3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Bank?s own funds. If the Bank maks payment, orreturns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that ?there are normally no charges for everyday banking at Lloyds TSB when your account is in credit.

 

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead.

 

4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss.

 

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

 

6. The charges are fair and reasonable, and it is denied that they are unlawful.

 

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

 

8. In the premises:

 

8.1 the charges are for banking services, and are not damages nor a penalty;

8.2 the Bank is entitled by contract to impose the charges, which are fair and

reasonable;

8.3 it is denied that the charges are unlawful or contravene any statute or

regulation.

 

9. 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.

 

Any help?

 

Pete

[ukaviator]

Hi Worcester4x4.

 

This is the standard defence letter from Lloyds TSB. I have seen this on other threads with the same wording.It is designed to scare you into backing down and running away.One thing you must do though, and that is in any case you take on, is get ready to fight the court battle. Don't just leave it and hope they will back down. They may take you on. Probably won't but make sure you have a good defence ready, just in case.They have'nt done so yet,but read the FAQ'S over and over. People on this site are here to help, but always check the law yourself anyway. You don't want to not do your homework and get caught out. Someone here a few months ago did lose against NatWest, because his Barrister was'nt prepared enough, and made a few errors. I think the thread was Henry vs Natwest. Happyhenry is the person on this site.I am about to take them on also. Just waiting for a reply. Lloyds do take people right to the edge, hoping they will back down.

You should hear something soon about a settlement. They do not want to go to court as the floodgates will open if they lose.Hope this helps.

 

Good Hunting UKAVIATOR

[Number6]

Hi ukaviator.

 

Yes I know it's the standard "go away little man" type defence. I merely posted it here in response to mollymoo's request in post #15.

 

AQ has been sent in to court, defence is more or less ready in note form and will be refined down to case notes in a few days.

 

I would LOVE to actually be taken to court by these cretins... Bring 'em on I say!!!

 

Pete

[GaryH]

This is happening quite alot lately - its another underhanded attempt to imtimidate. They are trying to take advantage of the fact that there is no provision for a schedule of charges on MCOL. Can you please post your particulars of claim, to make sure there are no errors? If you prefur, PM them to Reload.

 

In the meantime, I'd send the court and the sols a shedule of charges ASAP.

[reload]

either post your particulars on here or PM them to Reload

 

 

 

Feel free to drop a copy to me Molly. I'll reply to your earlier PM in a moment.

[mollymoo]

It's time to let battle recommence.

[mollymoo]

bring it on

[Sophie-Jane]

Hi Mollymoo

 

You are not forgotten, I'm watching

 

I'm still waiting for them to contact me again, Oh well, the interest still piles on, so its costing them more

[mollymoo]

AQ is currently winging its way to court as we speak

[mollymoo]

so what comes next then??

 

what sort of timescale am i looking at from the AQ due date until the cash is back in the rightful owners hands.

 

MINE!!!

[MARTIN3030]

Difficult be be precise.

The bank have to return theirs and then a court date will be fixed.

A lot depends how busy your court is.