Help needed with claim please

[dan76]

Hi,

 

It's been two months since I sent the LBA to LLoyds but due to financial difficulties and not knowing how to word the claim on the moneyclaim website I haven't submitted my claim yet.

Is it too late for me to fill in the online form now? Would I need to contact Lloyds again before I file the claim?

If it isn't too late, is there a template to help me construct my claim as I am really struggling to know what to put. I know there are guide notes in the templates library but I am still not sure how best to word things. Could I use the "Particulars of claim - hard copy" form as a template?

 

Any help would be greatly appreciated.

 

Thanks,

 

Danny

[snapper84]

Hi i'm no expert but from reading other posts you can just state that you gave the bank extra time to try and resolve the matter, i'm not sure what the timescale is but i don't think 2 months is a problem, and if the matter does arise you can always state the fact that you have had financial difficulties but i doubt this will arise.

 

For help filling in the moneyclaim you can read around a few posts and look at how others have worded it, but to get you started heres a link to ZUZU's topic which contains his worded moneyclaim online.

 

ZUZU vs Lloyds TSB

[dan76]

Having read through the Mistakes post I am now wondering if I have entered into enough dialogue with Lloyds before filing the claim.

I have only sent them the two letters (letter for repayment and letter before action) to which I have received standard replies. Would this be considered as reasonable dialogue before issuing a claim or do I need to send more letters first requesting repayment?

Would it be worth me sending the letter requesting repayment and then the letter before action again before claiming on the moneyclaim site or should I just go ahead and begin my claim?

 

Cheers,

 

Danny

[snapper84]

No the two steps you've mentioned are correct, Premlim letter, (14 days) LBA (14 Days),so you've give them more than enough time, so it is not required to send anymore letters and you could progress with your claim, however some people would recommend that you do send them a brief letter outlining your intentions, just looks better if it does actually goto court which is highly unlikely, but it shows that you've tried to resolve it and given the bank plenty of opportunity aswell. The only downside is that you would have to wait until they reply which is usually about 12 days.

 

 

Cheers

Steven

[dan76]

Thanks snapper, I think i will just send off a final letter to say I am going to file a claim.

Should I tell them in the letter that they have 10 days to respond? Or 14 days?? Or should I just tell them the date I intend to file the claim?

 

Thanks for all your help so far!

[snapper84]

Well since they've already had 2 months, i'd just put the date that your beginning the proceedings of legal action. I'd just give them 7 days to reply and if they don't reply then begin the claim because they are already aware of your intentions from the previous letter.

 

Cheers

Steven

 

Another alternative is to email them, i've read alot of posts and some of the people who opted for email got a sharpish reply.

[dan76]

Emailed Lloyds the other week and received a nice speedy response saying they would not be paying and they would not be responding to any further requests about the matter. I have since submitted my claim and this was served and acknowledged as of the 6/9/06

 

Will update this post with any updates

 

Cheers,

 

Danny

[GaryH]

Well done - so far so good. Hopefully it should'nt be too long now before you get your money back. Expect a defence at the very last minute - Lloyds like to deploy as many stalling and delaying tactics as they can. While you are waiting, keep reading up on other peoples threads and have a good look at the case guidance notes in the template library.

[dan76]

Received a letter from the courts saying Lloyds have acknowledged the claim and have 28 days to enter a defence. I'll have another look through the case guidance notes again this weekend

[reload]

Good stuff

[tigger2006]

Received a letter from the courts saying Lloyds have acknowledged the claim and have 28 days to enter a defence. I'll have another look through the case guidance notes again this weekend

 

 

 

what is your claim about? im just taking lloyds to court about mis sold apr on a loan.can anyone help?

[dan76]

My claim is just for bank charges tigger.

I'm sure there will be someone on here who can help you though

[dan76]

I've received a letter from the courts saying that unless I apply for directions by January 25th that the claim will be struck out. I'm going to search the forum posts for any advice but if anyone can advise me in the meantime that would be great as the clock is ticking!!

 

Thanks in advance

[GaryH]

Apply for directions or comply with directions?

 

Can you post the exact wording of the order please.

 

Why have you left it so late - it seems like you must have ignored an order?

[dan76]

Ok, I received a "standard order for stay of settlement with consent of all the parties". I was on holiday just after it arrived and so admittedly didn't pay too much attention to it as I was rushed off my feet preparing for my trip and trying to get everything sorted for my absence at work. The letter read as follows:

 

-------------------------------

 

On or before the 22 December 2006, one of the following steps must be taken:

either

the claimant must notify the court that the whole of the claim has been settled; (see note (i) below)

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or the other person helping with the process. The letter should confirm the agreement of all other parties. (see note (ii) below)

or

all of the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionairre. The list must be agreed with the other parties and must indicate that it has been agreed.

 

Note (i): Where settlement of the claim is achieved before the end of the period of stay, the following will be taken to include an application for the stay to be lifted:

(a) an application for a consent order to give effect to the settlement

(b) an application for approval of a settlement where one or more of the parties is a person under a disability: and

© the filing of a notice of acceptance of monies paid into court, or an application to accept monies paid into court out of time.

Note (ii): Extensions to the period of stay will generally be no more than 1 month

 

-------------------------------------------

 

The way I read the letter made me think that

(a) the claim hadn't been settled

(b) I wasn't going to request an extension of the stay period

© I had already completed my allocation questionnaire

 

The letter I have just received reads as follows: (including spelling mistake)

 

-------------------------------------------

 

Upon reading the court file

 

IT IS ORDERED THAT

 

Unless the claimant applies for direction by 4pm on 25th January 2007 the claim do stand sruck out

 

--------------------------------------------

[GaryH]

Write to the court and propose directions -

Dear Sir/Madam,

 

YOU v LLOYDS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

 

Pursuant to the order made by District Judge ***** on **/**/**, I, the claimant, hereby confirm that no settlement has been reached with regard to the claim as detailed above, and as such I respectfully request that it proceed to allocation in accordance with the overriding objective.

 

Dispite the Defendant making a request for the stay by indicating an intention to negotiate a settlement on their allocation questionnaire, with regret I must inform the court that the Defendant has attempted no contact with regard to this claim whatsoever. Further, I contacted the defendant by way of a letter (telephone call) on **/**/**, which was not afforded the courtosy of a response (when they told me...............).

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order, with document exchange taking place 28 days after the issueing of the order. It is suggested an early date for exchange of documents may facilitate a prompt resolution to this litigation.

Then attach this draft order -

http://www.consumeractiongroup.co.uk/forum/general/57707-draft-order-allocation-questionnaires.html#post441556

 

Do it quick!!!

[dan76]

Thanks Gary. Sent the letter and draft order yesterday.

Is there anything else I need to do now or do I just wait to hear from the court again?

 

Thanks again for your help

[GaryH]

Just wait for now - the court will hopefully allocate the claim and issue the directions you've proposed. If this is the case, you'll have to submit the documents as required by the claimants part of the draft order. Have a read of the thread I linked you containing the draft order for details of what you'll need.