Foot Anstey Solicitors Plymouth?? A little concerned now-reassurance please!

[jodybuk]

Hi All,

I have today recvieved a letter from Foot Anstey.

Thay say they are unable to respond to the claim as I have not provided deatails of the individual charges & I have not provided a calculatuion of interest I am charging.

In my letters to the bank I clearly stated I was claiming back £3055 in charges & 3549.92. I sent copies of all correspondance between me & LLoyds to mcol the day after I filed. I also printed of a cpoy off the spreadshhet which calculates the interest, on this it claerly states how much the original charge was & what date it was levied & how much interest the charge incured.

I have to send the information within 7 days or the bank will make an appilcation to strike out my claim.

What more do I have to send to them.

Do i need to print off the last 6 yaers bank statements. Lloyds tsb makes it easy on their internet banking I have sheets of just charges, do you think these will suffice & as I used the spreadsheet to calculate the interest what information do I give them with regard calculating interest.

Would appreciate advice as now i feel i'm in way over my head!!

Thanks

Jody

[GuidoT]

You have as your post 6 sent the schedule of charges, albeit only yesterday.

 

I would respond to their letter and enclose a copy of your last letter to FA that enclosed the charges and copy it to the court.

 

It is just intimidation tactics, sad I know, do not let it put you off, you are doing fine.

 

No need to send them the statements yet. Ensure you have printed them off though for later though.

[jodybuk]

Thanks for that, I really appreciate all the advice i've been given as I have to be honest i'm pretty bloody scared by this whole thing!!

I have re printed my schedule of charges and by each charge I have noted what each charge was for ie - unauthorised borrowing or returned cheque etc etc.

They want to know details of how the interest wascalculated, what do I tell them as I used the spreadsheet & the interest was calcualted for me & I have no idea what rates were used etc etc. I have the final figure for interest but that's all.

I am going to send everything again recorded delivery today or tomorrow even though I sent most of it yesterday, I figure it's better they have two copies than claim thay had no copies!

thanks

Jodes

[GuidoT]

That is fine, there is no need to detail how you actually calculated the interest, once you have shown the interest accrued per charge. I presume you have have shown the interest that has accrued per charge and not just one total at the end.

 

No need to be scared, we will look after you here to ensure you get your money back.

[jodybuk]

Thanks for that, Work got in the way of my claim this afternoon so I didn't get to the post office to post the information.

I will post a copy of the cover letter here tomorrow & hopefully some kind soul wil cast an eye over it & make sure I don't say anything stupid before I send it.

One other question - FA ( ironic initials by the way!!) have given me 7 days to furnish them with the information they require or they will move to get it struck out, I have no issues with keeping within this timeframe but I am going on holiday on Tuesday for two weeks, Should I mention this incase they give me another 7 days after I send then this stuff for something else they may require or are they likeley to ask for something within 7 days knowing I will be physically unable to comply with thier request & therefore getting it struck out?

Sorry for rambling!

Jodes

[GuidoT]

I would not worry too much about their 7 day deadlines.

 

They are very unlikely to apply for a strike out on anything else and the court would take at least a month to order a strike out. I do not see what else they could ask for now.

[jodybuk]

I have written a letter back to FA ( posted below) could I just clarify- they have asked for a calculation of the interest I am claiming.

I have enclosed a schedule of charges which include the nature of the charge, the date it was levied, the amount & the amount of interest I am claiming as per the spreadsheet.

(eg unauthorised borrowing- £10.00 -16/07/2002- £3.75 int - total £13.75)

 

Is this going to be enough or do they want actual calculations with interest rates etc etc?

 

Thanks

jody

Copy of letter

 

Claim Number 7 QZ 50422, Your ref-cnh/113499/28

Dear Mr Horne,

With reference to the above please find enclosed a copy of the schedule of

charges stating the nature, date & amount of each charge including calculations

of interest.

I have also enclosed copies of all correspondence between myself & Lloyds TSB

to date

Should you require any further correspondence do not hesitate to contact me.

Yours Sincerely

 

me

 

Is this ok?

[jodybuk]

deleted

[jodybuk]

Doh!!

Hi everyone,

I have just returned from my holiday & have today received the lloyds tsb defence via Foot Anstey. I think it is a standard 12 point defence.

What happens now?

Do I just sit back & wait for a letter confirming a court date, should I not have had that by now?

I had expected this to be all over one way or the other by now.

Since I started my claim A friend of mine has started & had two clims settled by other banks!

Would appreciate the advice

Cheers

[BARTY]

Hi

You may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

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

 

If you don't receive an AQ, read this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

What was the 12 point defence, the normal one from SC&M is a 9 point?

 

Barty:)

 

[jodybuk]

Poits are-

1 the def is a bank & I have been a customer at all material times ( ???)

 

2- by open an account I entered into a commercial arrangement & by using thet account I acknnowledge charges.

 

3- The bank provide leaflet in welcome pack outlining charges.

 

4- I failed to ensure sufficient funds etc etc ( not actually true because I was charged for going over drawn after charges were taken, why not take charges when I had sufficient funds to cover them)

 

5- no breach of contract

 

6- customer given advance warning of cahrges being imposed by letter.

 

7- Denies unfair contract trems apply to business users

 

8- denies s15 supply of goods act applies to claim.

 

9 without predjudice to matters in ponts 7 & 8 it is averred the charges are fair & reasonable & deniec they are unlawful.

 

10- It is denied amount claimed is correct

 

11-In the premises;

11.1 charges are for services & not damages or a penalty.

11.2bank entitled to impose charges which are fair & reasonable

11.3 denied charges are unlawful contravene any statute or regulation.

12 The claimants claim is denied.

 

That is the defence in a nut shell- anything unexpected?

[empowered]

Poits are-

1 the def is a bank & I have been a customer at all material times ( ???)

 

2- by open an account I entered into a commercial arrangement & by using thet account I acknnowledge charges.

 

3- The bank provide leaflet in welcome pack outlining charges.

 

4- I failed to ensure sufficient funds etc etc ( not actually true because I was charged for going over drawn after charges were taken, why not take charges when I had sufficient funds to cover them)

 

5- no breach of contract

 

6- customer given advance warning of cahrges being imposed by letter.

 

7- Denies unfair contract trems apply to business users

 

8- denies s15 supply of goods act applies to claim.

 

9 without predjudice to matters in ponts 7 & 8 it is averred the charges are fair & reasonable & deniec they are unlawful.

 

10- It is denied amount claimed is correct

 

11-In the premises;

11.1 charges are for services & not damages or a penalty.

11.2bank entitled to impose charges which are fair & reasonable

11.3 denied charges are unlawful contravene any statute or regulation.

12 The claimants claim is denied.

 

That is the defence in a nut shell- anything unexpected?

 

Standard defence! Don't worry. Just wait to hear from your court if they require AQs to be completed. You may even get a payout pretty soon. Mine was settled 3 days after receiving their defence.

[jodybuk]

Thanks,

That makes me feel a bit better. I have checked & double checked & I can't see any mistakes with the amount i'm claiming ( point 10 amount cliamed is incorrect). Is this just standard tatics?

I wish it would all hurry up. I just e-mailed someone from the buddy list cos i'm getting twitchy & it turns out it was me!!! doh!

thanks for all the advice, it is all much appreciated.

[empowered]

Thanks,

That makes me feel a bit better. I have checked & double checked & I can't see any mistakes with the amount i'm claiming ( point 10 amount cliamed is incorrect). Is this just standard tatics?

I wish it would all hurry up. I just e-mailed someone from the buddy list cos i'm getting twitchy & it turns out it was me!!! doh!

thanks for all the advice, it is all much appreciated.

 

Hi and thanks for the Brownie Point! There's nothing much you can now do but read up on the next stages and be prepared - I must admit I queried my defence when it came through (you begin to get really paranoid!) but that's how the bank's treat you, by trying to grind you down so that you give up! You'll be fine.

[nicsussex]

I would be slightly concerned. Are you sayting that you issued your claim on a business account using the personal account particulars of claim? Are you also saying that you now agree with the solicitors that the amount of your claim is incorrect?

[empowered]

I would be slightly concerned. Are you sayting that you issued your claim on a business account using the personal account particulars of claim? Are you also saying that you now agree with the solicitors that the amount of your claim is incorrect?

 

Nicsussex - I think she is saying that point 10 saying the amount is incorrect is not correct if you see what I mean and is just there to rattle her - mine was the same and rattled me if you remember!. I received exactly the same defence from Martineau Johnson for my business claim. Livelylad and Guido T advised in the early stages and I think they would have spotted anything disastrous at that stage. - only my interpretation!

[jodybuk]

Hi,

In answer to the queeries, I am absolutey 100% sure the amount I have claimed for is the correct amount.

Yes, I am claiming for a business account but I mentioned this a few posts back & was told it was ok.

The general concensus is that the bank are just trying to intimidate me ( gotta say-it's almost working aswell!!). I will just sit back & wait & see waht happens now.

Do you think I should be concerned nic?

Jody

[jodybuk]

doh

[jodybuk]

Hypothetically- If someone was to receive a letter in the post today offering full & final settlement on the condition of total confidentiality could the organisation who made the offer withdraw it if the confidentilality clause was crossed out? Also, If the same person had other accounts they were going to claim for would refusal of this condtion make those claims more difficult to persue? :D

[BARTY]

Hi

Tell this person to send this letter below, rejecting the conditions, they will still pay up and they can still claim again:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/48032-jakena-barclays-4.html?highlight=acceptance#post718754

 

Oh and big Congratulations to them too!!:grin: :grin:

Barty:)

[jodybuk]

So are you as sure as you can be that this person won't get another hypothetical letter withdrawing the offer.

By the way - the congratulations are much appreciated by this person to whom I am referring.

[BARTY]

Hi

No I have never known the offer be withdrawn.:grin:

Barty:)

[jodybuk]

Oooh!! Just been invited in to my branch for a 'review'. Fisrt time ever in 9 years with them - what could this mean I wonder!!

[jodybuk]

Blimey! it's all happening today!! Have just recieved a notice of transfer to my local court with a cover letter saying that my AQ should be sent there. I didn't actually receive an AQ so i phoned the court & the lady I spoke to ( very nice & very helpful) told me that AQs have been dispensed with & the case will be heard without one.

Is this the norm now?

[BARTY]

Hi

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Barty:)