Rivendale's Brother's claim against Lloyds

[rivendale0506]

We are well into the claim with my brother for return of his charges from Lloyds. The last action we took was to return the allocation questionnaire to the Court.

 

However, today we have received a General Form of Judgement or Order from the court. The text below refers:

 

"Before DISTRICT JUDGE TAYLOR sitting at xxxx County Court, The Lawcourts,.......

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you mut make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

1. Provide a list of all the charges which form the subject of this claim and show the rate and period of any interest charged.

 

2. State what rate of interest applied to unauthorised borrwing at the time the charges were levied.

 

They have given us 28 days to respond.

 

We can (and have already!) provided the list of charges. I guess we give the rate of 8% annually for the interest charged?

 

Not sure what they mean by No. 2 - we didn't claim any overdraft interest back - just literally claimed the charges and the 8% interest.

 

Any help gratefully appreciated...

 

Rivendale

[Mindzai]

That's a puzzling letter. Point 1 seems fine, though odd considering you say they already have this info. Point 2 is strange though - are you claiming contractual interest? Or are you claiming 8% statutory under s69 CCA 1984?

 

I'd give the court a ring and see if they can help you understand this better considering the time limit involved.

[rivendale0506]

No we are claiming the 8% interest, although maybe they think we are claiming the contractual interest as there was a place on the form for this...

 

May ring the court as you say..

 

Thanks for taking the time to reply.

 

Riv

[Mindzai]

That would probably be the best course of action as they could give you accurate information regarding your specific situation.

[rivendale0506]

Has anyone else's claim gone this far?? - This letter was actually from a judge at the local county court. It also said that

 

"Unless the claimant complies with this order, the claim shall stand struck out and the defendant may file a formal request for judgement in default and for the assessment of any costs in the proceedings"

 

Is there a mod who can help? - I called the court but the person I spoke to said they weren't familiar with the case and I can't seem to get to the Judge who wrote it.

[reload]

Hi rivendale,

 

I hope (!) in your original Particulars of Claim filed with the court that you made it clear the interest you were claiming was pursuant to section 69 of the county court act 1984 at the rate of 8% a year? In which case, I would say your best course of action would be to send a letter to the judge clarifying that it will be very difficult to calculate the relevent unauthorised borrowing interest rates for each individual claim - obviously, attaching another copy of your schedule of charges.

 

Something along the lines of:

 

As stated on my initial particulars of claim, I am claiming for a total of £xxxx.xx from the period dd/mm/yy to dd/mm/yy. I am not claiming the unauthorised borrowing interest, however as detailed in the attached particulars of claim and subject to section 69 of the county court act 1984, I am claiming interest at the rate of 8% a year.

 

I have endeavoured to contact the County Court to clarify this issue, but have been unsuccessful in doing so. I would politely request, if you most definately require the unauthorised borrowing interest rates which I am not persuing to fairly evaluate my claim, that you contact my as soon as possible so I can acquire this information from the defendent to provide you."

[rivendale0506]

Reload

 

Many many thanks. Conincidentally as you were posting this I was posting you a pm!!!

 

Yes I did put that I was claiming interest at 8% as per S69 of the CCA 1984 in the particulars of claim.

 

I cannot understand what he is asking for therefore!

 

Riv

[reload]

How's that for service

 

You're right, it is very odd. I'll drop a note to one of the mods for a bit of advice, but personally I'd say your best bet is to go ahead with a note similar to that I wrote above to clarify the situation - just in case the judge didn't have his thinking wig on.

 

You may well want to see about nipping in to your local Lloyds branch though, and see about getting a copy of the terms and conditions for the account type you have. Should have the unauthorised borrowing interest rate currently applied in there - if possible, obviously, dig your original out too.

[rivendale0506]

Thanks Reload. I have drafted a letter using your suggested text. I have also re-attached my particulars of claim (in which I DID state about the 8% interest as per the CCA 1984) . I have also included a schedule of the charges and the interest applied for each charge (basically a copy of my spreadsheet).

 

Hope that is enough for them, I think my brother will actually ***p himself if he has to go to court!

[rivendale0506]

Bit of an update - embarrassingly when I checked the particulars of claim I noticed that as well as saying that I was claiming the 8% under S69 of the CCA I said I was claiming penalty charges and interest, I can therefore see where the judge's confusion came from. We don't want to claim the overdraft interest so I rang the court again and explained that I wanted to change the particulars.

 

They have sent me 3 copies of the N1 form and also an "application notice" which I would be very grateful if someone could assist me with what I need to write on this. I guess this is to let them decide whether they will allow us to change the particulars of claim..

 

Many thanks for any guidance you might be able to provide..

 

Rivendale

[reload]

Hiya Rivendale,

 

Didn't realise, but the N244 is actually available on the HMCourts site:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

 

Here's a suggested entry though.

 

PART A

 

... I would like to ask the court permission to amend my claim xxxxxx deemed served on Lloyds TSB on xx/xx/xx.

 

because

 

- An error in the particulars of the claim was made regarding reclaim of interest.

 

 

Part B

 

I wish to rely on: tick one box

 

- Evidence in Part C in support of my application - tick this one

 

 

Part C

 

I wish to rely on the following evidence in support of this application:

 

Please refer to the attached schedule of charges as well as the amended particulars of claim.

[rivendale0506]

Cheers Reload - you are an absolute star (plus I think my brother is going to hire you for any future claims he wants to bring!!)

[reload]

Will work for cigs and booze

[rivendale0506]

An update on the situation.......... we sent back everything we were asked to - received a notice back that the Judge would let us amend our claim (which he copied to Lloyds) He then gave either party 7 days to apply for a stay. After the time had elapsed we rang the court and she said that Lloyds hadn't made any application and that we could now request judgement.

 

We wrote requesting judgement a week ago last Thursday and this morning my brother has received another General order of judgment saying that the case will be going to court on 21 December!!!!!!!!!

 

How can that be? Why didn't we get the judgment?

 

Are Lloyds now actually going into court with cases?

[rivendale0506]

Further to my last post - the court date is actually 4th December at 14.30 hours:eek:

 

We have received an Order - Timetable for a small claim

 

The court directs of its own initiative that:

 

1. The parties shall serve on each other within 3 weeks of the serviice of this order copies of their evidence and bring the original evidence to the trial. The parties may not reply on evidence which has not been served in accordance with this order ithout the court's permission.

 

2. The parties shall try to agree any amounts claimed subject to liability

 

3. The parties may not rely on expert evidence without the court's permission

 

4. The parties may apply for further or other directions after seeking each other's consent unless impracticable

 

5. The claimant shall deliver t the court and the defendant at least a eek in advance a bundle for use at the trial. etc etc etc

 

Not sure at all what I am supposed to do now??!! I am particularly interested in point 2 - does this mean they want me to try and negotiate with Sechari and Mitchell Solicitors for Lloyds?

 

Please help! Many thanks

[rivendale0506]

One last thing!.... Having read other people's posts they have received a copy of Lloyds AQ - I have never received a copy - should I have??

[freebird]

yes Riv they should have sent you a copy of Lloyds AQ..phone Sechiari and ask for it.......

01273 205 381

[rivendale0506]

Thanks Freebird - I called the court yesterday and they are sending a copy