Gage vs Lloyds *** WON ***

[gage]

Firstly great sight, many thanks to all for the info i've found on here.

 

Secondly had the response to my S.A.R back yesterday so thought it as good a time as any to fire up my own thread.

 

Just a quick question before i send of the Prelim letter. I actualy have to accounts with lloyds and will be claiming charges back for both, I assume these can be combined as one.

 

I have used the prelim letter from the libary with a few minor alterations, account changed for accounts ets, both account numbers at the bottom

 

and the paragrah in the "What I Require" section changed to

 

What I require

I calculate that you have taken a combined total of £763 from the above two accounts.

I enclose a schedule of the charges which I am claiming with this letter

 

 

I assume that will be fine for the moment but is it still ok for them to be combined come the court claim stage or would it have to go in as two claims?

[lucid]

Hi gage,

 

It's fine for you to combine the two accounts - even once you get to the court stage.

 

Good luck. Lucid

[gage]

Ta matey, good stuff, I think I shall pop round the post office in a moment then and get that on it's way, recorded delivery

 

And im gonna staple all the sheets together just to annoy them should they wish to photocopy them

[gage]

Right had the the "get lost not a chance" letter today and thought i'd scan an upload a copy

 

Is that last paragraph on the first page usuauly there cos I dont remember it?

 

 

*Pics removed cos they where a bit big.

[GaryH]

Hi gage,

 

Thats all completely standard stuff. Take no notice. Wait till the 14 days are up, then move to the next stage.

 

Good luck

[gage]

yup, LBA shall be on it's way tomorrw, they only just squeezed that reply in as was the 14th day today

[gage]

Right well i've had the "sod off" letter in response to the LBA and the 14 days are now up so it's claim time

 

Unfortunatley is gonna have to wait till friday as is gonna be £80 to file it not the £30 I was expecting so in the mean time can I just check a few things.

 

1. The address to use,- i've gone for the 25 Gresham Street, London one, though my previous letters have been sent to my local branch.

Is this ok or should I still use the branch addy for the claim?.

 

2. Does any one know if MCOL accepts visa electron as I cant see mention of it on the payment page.

 

3. Do I have to email / post a copy of the spreadsheets in to the courts after filing the claim or does that come at the AQ stage?

 

4. This is what i've put in the "particulars of claim section", is this OK?

 

1. The Claimant has two accounts(xxxxxxxx /

xxxxxxxx) with the Defendant, opened in

1992 2. Since 01/08/03 the Defendant

debited charges in respect of purported

breaches of contract. 3. Defendant is aware

of all details as a list of charges has

already been supplied. Another copy will be

sent. 4. Claimant contends: (a) The charges

exceed the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Contract

Terms in Consumer Contracts Regs 1999,

Unfair Contract Terms Act 1977 and at

Common Law. 5. Claimant claims: (a) return

of the amounts debited of £763; (b)

Interest per S.69 County Courts Act of 8% -

£124.78 continuing at 8% until judgment or

settlement at a daily rate of £0.17; 6.

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982. 7. Costs allowed by the

Court.

 

5. Have taken a rough guess at the year the accounts where opened as it was a heck of a long time ago back when Lloyds and TSB where seperate when I was about 12 and my parents opened the accounts for me, so I really have no definate idea when it was.

[reload]

1) Should be fine, is the address I used when filing.

 

2) Can't say I'm afraid - it'll have to be a case of try it and see. Usually these days though, if a website says it accepts Visa it accepts Visa Electron too - at least in my experience.

 

3) After filing the claim is your best bet, or Sechiari Clark and Mitchell (Lloyd's solicitors) will attempt the 'Claim is too vague' argument in their defense.

 

4) Looks fine

 

5) Shouldn't be a problem. Had a similar issue myself, didn't cause any problems with my claim.

[gage]

Sound, shall hopefully be filed on friday then

Just in regard to No. 3, what address do I email / post it to?

 

Just waitin for em to start gettin funny about me loan with them thats currently on a payment plan, should be fun

[reload]

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Or

 

[email protected]

 

Include a note of your claim number though!

[gage]

Much appreciated I shall keep you all informed.

[gage]

Right, shall be filing this soon as I get home from work this morning, as i've unfortunatley not had the £80 until now

Just wanted to ask, is this delay in filing going to cause a problem?

[GaryH]

Hi Gage,

 

No, thats not a problem at all. Just make sure you send 2 copies of your schedule after filing it. Heres a cover letter -

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

(DATE)

Dear Sir/Madam

(YOU) –v- (BANK)

Claim No: ********

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached with the particulars of my claim.

Yours Faithfully

(YOU)

[gage]

Oh yes. Just checked me account online and the moneys been put in, just short of a grand I is a very happy chap.

 

Most of it's gonne be going straight back out to clear a few debts but Im sure I shall be able to sort a donation out shortly.

 

Will post a proper timeline up tomorrow night, am far to tired at the moment and dont have details with me.

 

/me dances around the office

(good job im the only one ere )

[GaryH]

Excellent, well done Gage!!!

[BARTY]

Congratulations!! :D

Barty:)

[mooreda]

have you got ALL of your money back or just some of it ?

[gage]

Every penny of it inc the interest and court costs

 

And i've only just got the letter of there solicitors confirming it which they convinently forgot to put only postage on so cost me £1.20