Dave and Mel V Lloyds ****WON!****

[daveandmel]

O.k really need help now!!!! They sent the standard "we wont do anything about it letter" so i have sent the LBA. Haven't yet added on the 8 % interest though and not really sure how to do it anyway!! Today we recieved " thanks for your letter but we have sent our final response so will not be entering into any further correspondence" what now ???? Is this where i go to court?? should i have already told them about the interest??

 

Help needed Please !!!!!

[mooreda]

no you do not mention anything about the 8% interest in your initial letter and LBA to the bank. It is only when you are ready to file your claim in Court that you calculate the interest. You need to calculate the total amount of charges you are claiming and use the spreadsheet which can be found on the "templates section". Complete this spreadsheet, save a copy onto your computer for your records and this will give you give you the total amount of interest for your claim. You then issue your summons (again using the N1 or MCOL templates) in the templates section. I found using the N1 claims form better because you can attach a copy of your spreadsheet which gives details of your Charges and Interest. Spend some time looking through the site and more importantly make sure you complete your court claim carefully - check it, check it again, and also again to make sure you have made no mistakes as once you issue your claim any mistakes found after this can cause you all sorts of problems. Any problems, give me a shout.

[daveandmel]

Thank you so much!! Have managed to sort the interest spreadsheet, think i used a complicated one when trying to work out initial charges have reverted to the simple excel version now "phew"!!!! Have it all sorted claiming in total £574.19 i know this a measley amount compared to others but i'm well and truly on the band wagon now. No where along the way have i mentioned my £10 for DPA is it too late now?

 

I now understand that my next step is court, £120 seems like such a lot of money when no guarantees of getting it back, guess this is the point where lot's of people give up?!

[mooreda]

if you claim is £574 the Court fee will not be £120, it should be £80 (claim's £500.01 to £1000). If you haven't mentioned your £10, I wouldn't bother trying to claim it and just proceed with your claim for your charges plus the interest and also the Court fee. You can use MCOL and your particulars should read something along the lines of :

 

I have a contract with Lloyds TSB Bank PLC, conducted on their standard terms and conditions. I am claiming return of money taken by the defendant in the way of charges over the last 4 years, totalling £1234. I contend the charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair Contracts Terms Act 1977 and under the Unfair Terms in Consumer Contracts Regulations 1999. In the event that the charges are not a penalty I contend they are unreasonable within the meaning of the Supply of Goods and Services Act 1982. I have repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from (01/07/2002) to (22/05/2006) of £123.45 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%. I therefore claim a total of £XXXX (£1234 + £123.45 interest).

If you use MCOL - has the bank been given full details of ALL the charges you are claiming?

[mooreda]

also have a good read of this:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/633-case-guidance-notes.html

[daveandmel]

I've sent them the initial schedule so they should know what i'm claiming. I have started the form and have pasted in what you suggested, i notice the example on the site is slightly different does it make mucj difference? These charges are from 2 accounts both with lloyds,i have 1 for wages 1 for bills etc. Im assuming i can bundle them together, where do i put account number etc,

 

So much to think about i'm so worried about messing it up.

 

Am actually doinall of this for my boyfriend dave currently doin the same for my mom with abbey. I'm not great with money myself i'm just clever and move it around! Doing all this for them cause i hate the thought that they have been ripped off and would never get round to doing it themselves!!

 

Oh also where do i attach the schedule of charges to? i've got as far as the submit button and left it at that! I'm gettiong scared don't want to proceed till i'm sure x

[vckyjam]

Hi there- i had the same problem- on mcol you cant attach anything. I ended up emailing them my spread sheet. Lots of people get away with not sending it, but i have started to hear of cases that the judge is chucking them out because of lack of info.

 

Hope this helps

 

Vick

[daveandmel]

Is there a different way to do it? can't seem to get the N1 to open on my computer. Am i right about linking the accounts together? where shall i put the account numbers

[mooreda]

I would therefore have a go at doing your claim on the N1 Form and taking this to your local County Court. You will need 3 copies and also attach a copy of your charges/interest to each form. Have a look at the N1 Template instead of the MCOL template. You need to have Adobe on your PC to download this document - if you haven't got it you can download it. Warning! Once you have completed the N1 form on Adobe you cannot save it so make sure you are happy with your form and that it is correct before you close it otherwise you will have to do it all again.

[daveandmel]

I would therefore have a go at doing your claim on the N1 Form and taking this to your local County Court. You will need 3 copies and also attach a copy of your charges/interest to each form. Have a look at the N1 Template instead of the MCOL template. You need to have Adobe on your PC to download this document - if you haven't got it you can download it. Warning! Once you have completed the N1 form on Adobe you cannot save it so make sure you are happy with your form and that it is correct before you close it otherwise you will have to do it all again.

 

o.k will do, can i do both accounts at once, don't fancy taking them to court twice!

[Tinkerbelle]

Is there a different way to do it? can't seem to get the N1 to open on my computer. Am i right about linking the accounts together? where shall i put the account numbers

 

Put the account numbers here

 

[mooreda]

you can but make sure you explain your particulars of claim clearly so that it is easy to understand otherwise you risk your claim being struck out by the Court - I would use Word to play around with your particulars of claim before you complete the N1 form on Adobe. I will send you a private message - pls check.

[daveandmel]

Thanks tinkerbell i'll have another look at it. I've also downloaded Abode now ( thought i already had it) so i'll also have a look at the n1 form.

 

I'll keep you posted

[goldiea]

Hi DaveandMel,

 

I am the same stage as you and am trying to enter my MCOL, I hope you dont mind me interupting your thread but you got a reply from vckyjam earlier about "emailing the spreadsheet to them" but I dont understand. I did PM vckyjam but thought as I have been looking for the answer to this particular question (then others may be looking for the same info too) I would ask if vckyjam or anyone else would tell us on your thread if the schedule spreadsheet was emailed to the court via MCOL or the bank.. and if so how and where..

 

Sorry to butt in... and Good Luck

 

Angela

 

xx

[mooreda]

You can't email any info to the Court once you have submitted your claim on MCOL. What you do is send your breakdown of charges and interest to Lloyds TSB once the claim has been issued. So effectively you issue your claim on MCOL and when you get your claim number send a letter to the TSB explaining that you have issued a Summons against them (quote the claim number) and are enclosing further documentation in support of your particulars of claim. Lloyds will no doubt defend your claim and therefore the claim will be transfered to your local court. When you get the Defence from Lloyds you will also get an allocation questionnaire. I suggest you send a copy of your charges/interest to the Court attached to the allocation questionnaire.

[daveandmel]

No worries angela i don't mind you butting in!! after all we are all here to help each other. I've had a look at the N1 form on line so i think i'm probably gonna fill that in then send it manually to the courts. Certainly not afriad of the internet but think i'll be happier giving it in to the court direct. That leads me to my next question........... how do you know which court to take it too??

[mooreda]

you issue your claim at your nearest county court

[vckyjam]

With regards to e-mailing MCOL- After reading the post by crustygit (think thats his name) Someone said that they also e-mailed them to pass on more details of their claims.

 

....I dont know the correct answer for this. But i e-mailed my info over and i just have to wait and see what happends.

 

I will be very hacked off if my case gets chucked out especially when i followed procedure by sending a huge list of charges both with my prim and lba. Its such a bummer that MCOL wont allow you to attach important info.

 

Anyways, dont want to hijack your posts Dave. If i get any come back i will let you all know. I am thinking that Crustygit must have been very unlucky, and i know that cases have been settled without a list of charges etc being attached to the moneyclaim forms. But in all cases its better to cover yourselfs i think. Im wondering if a mod has any thoughts on this?

 

vicky

[daveandmel]

Hi Vicky,

 

To be honest i'm gonna take it to the court myself and be done with it, atleast that way i know i've given it too them and if there is anything i have forgotten they should be able to tell me there and then!!

 

Really must get round to sorting my claim out, have been really busy at work, have just started redecorating our flat and trying to sort Dave's books out as he has just gone self employed as a plumber!!!!!! Will definately do it this week!!! Let me know if you hear anythign further to your case.

 

Mel

[vckyjam]

Hi Mel- Good on you! I will let you know if anything happends my end

 

vic

[goldiea]

Hi Everyone,

 

I did email the MCOL (address provided by Vckyjam:D ) and they replied saying thank you for the attached documentation in support of claim no. ******* - this has been attached to the court file. So I have found this method has been accepted in my case too...

 

Hope everyone is doing ok and I will keep looking on your thread to keep an eye on how you are doing and give support!!

 

Angela

 

xx

[daveandmel]

Hi still in the process of getting my claim sorted!!! Will do it eventually but been so busy lately!!

 

Have you heard anything about your claim??

[daveandmel]

Hi, still not got round to getting this sorted!!!

 

Recieved letter from LLoyds stating they were goingto make bank charges more fair etc etc. Have i left it too late to get this sorted?? Are they now wise to it??

[daveandmel]

Can anyone please help, I have just come to my spreadsheets as i going to get them ready and submit them to the court on monday. I have opened them up so tnnat i can amend them to todays date and see how much more money we are owed. Problem CANT FIND THE DATE ANYWHERE ON MY SPREADSHEET? How does it know?? I seem to remember putting it in previously but no longer theyre. I am using the excel version. Someone please help!!!!

[daveandmel]

happy new year to you all!!!!!!

 

After a rather stressful few months i am back on track and prepared to take lloyds to the cleaners!!!

 

I have my spreadsheets ready just need to fill out the claim form. Struggling on the wording slightly should i just use the template and sustitute the relevant bits.

 

Ready to get going but could really do with some support. £80 (ony smallish claim)seems like a lot of money to throw away if i'm not gonna win!!

 

Help and support desperately needed!!