Lloyds TSB - Sending letter today - HELP!!

[Franco99]

Right I have looked on the site and have some idea of what i need to do.

 

Firstly I have printed off the N1 form:

 

Claimant:

[Franco99]

Oops I pressed tab !!

 

Start again. I have printed off the N1 form. Issues I have with the form:

 

1) Top right corner 'In the' whats that?

2) Claimant: Do i just put my Name and address?

3) Defendant: Lloyds TSB and Head Office address?

4) Brief Details of Claim: How much info do i put here?

5) Value: My charges so far, which have gone up since my last letter so i will add that.

6) Bottom Left of N1 form: Defendants name and address. I have already put this, so do i just put Lloyds at their HEad Office Address again?

7) I have chosen not to have a solicitor, is this ok?

8) Claim include human rights?

9)Particulars of claim: Is this the template I can print off from the site that starts 'In the Anywhere Court'?

10) Statement of truth: I will sign myself as I will not be using a solicitor, is that ok?

11) How do i fing my local Small claims Court.

 

Cheers

Franco

[Michael Browne]

1) Top right corner 'In the' whats that? Your local county court

2) Claimant: Do i just put my Name and address? Yes

3) Defendant: Lloyds TSB and Head Office address? Yes

4) Brief Details of Claim: How much info do i put here? The claimant held a bank account with the defendant from earlier than xxxxxxx until xxxxxx. The defendant deducted from the account various amounts of money in penalty charges. The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money.

 

5) Value: My charges so far, which have gone up since my last letter so i will add that.

6) Bottom Left of N1 form: Defendants name and address. I have already put this, so do i just put Lloyds at their HEad Office Address again? Yes

7) I have chosen not to have a solicitor, is this ok?

8) Claim include human rights? No

9)Particulars of claim: Is this the template I can print off from the site that starts 'In the Anywhere Court'? Yes Here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html

10) Statement of truth: I will sign myself as I will not be using a solicitor, is that ok? Yes

11) How do i fing my local Small claims Court. Look here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

HTH

[Franco99]

hi,

 

thanks very much, i will take this in on Friday, So once i have done this, then what do the Courts actually do with my Claim? Is it a case of sit and wait?

 

Cheers

F

[Franco99]

hi,

 

thanks very much, i will take this in on Friday, So once i have done this, then what do the Courts actually do with my Claim? Is it a case of sit and wait? Is there a time limit on this part?

 

Cheers

F

[midge61]

Hi Franco

You must take three copies with you to court 1 for court 1 that court send to solisitors and 1 for you. Once the claim is deemed served (probably Tues) the solicitors have 14 days to aknowledge the claim and then they have 28 days in total from the date served to file theirdefence.

I filed my claim on 28th Sept deemed served on the 2nd Oct aknowledged on the 13th Oct and now they have until 30th Oct to file defence. Lloyds tend to do everything at the last moment tho!!!!

Hope this helps

[Franco99]

Hi

 

Is it ok to put that I have held the account from 29/03/06 to the present day?

 

Also in the Brief details of claim on the N1 form, the template that is provided, it sounds like its a third person is writing it on behalf of me, is that ok?

 

Also the same can be said for the Particulars of claim, is it ok to write it as it is in the template examples? Also i dont understand 5b in the Particulars

 

Many Many thanks

 

Franco

[Franco99]

hi midge61

 

Thanks for your comments, im learning more everyday !!

so what are you expecting to happen on the 30th? Do they normally make a defence, if so what happens then, or is this when they pay up?

 

Franco

[midge61]

They will file a defence and then you will be sent a copy from the court with an Allocation Questionaire(you will have to pay another£100 when you submit this) They will ask for another 28days to negogiate a settlement which is usually granted. Then you start to write to them and finally when you have been given a court date they will settle about a week before from what I can gather after reading other threads.

[Franco99]

Its a long process isnt it, im glad that this site is here otherwise they would be getting away with it. Good luck with your claim.

 

Cheers

F

[Franco99]

hi all,

 

I am going to the court tomorrow morning just want to make sure i have completed my N1 correctly:

Brief Details of Claim

The Claimant has held a Bank Account with the Defendant from 29th March 2000 to the present day. The Defendant deducted from the Account various amounts of money in penalty charges. The Claimant contends that these charges were legally unenforceable and the Claimant is demanding the repayment of that money.

Particulars of Claim:

1. The Claimant has an account ( Sort Code ?????? A/c number ?????? ) with the Defendant which was opened on the 29th March 2000.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £????.00 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

I have taken out part 5b of the particulars as im not sure what that is. Also should I include my sort code before my a/c number?

Many thanks

[Franco99]

Oh and also before I go to the court tomorrow, in the event that I were to lose, then I can only lose £120,the payment im paying tomorrow right?

 

And my charges are for :

O/Draft usage fee

Unpaid D/D

O/Draft Excess Fee

 

They all ok to claim for?

 

Many thanks

Franco

[121o121]

Hi

 

Yeah, pay your £120 to start the claim. Later on, when it comes to allocation (AQ) you may have to pay another £100 depending how much your claim is for. The bank will have to pay your costs anyway, if they settle, or you win.

 

You can claim for all your charges, unpaid direct debit, standing order and overdraft excess free. Overdraft interest in a tricky one, you can claim it but you need to work out how much of the interest they have taken has caused you to go overdrawn. You also cannot claim any account fee's.

 

Hope this helps.

 

Regards

 

Karl

[Franco99]

Right then I have paid my £120 today and put in my claim, so Iwill wait and see what happens, from my understanding i will be contacted within the next 14 days by Lloyds TSB , so anytime before Tuesday 14th November. Then Lloyds will have 28 days from this date to file their defence, so thats the middle of December.

 

I will let you know what happens.

 

Cheers

Franco

[Michael Browne]

If you issued today, deemed dated of service is usually 5 days ie 5th Nov. 14 days to acknowledge ie 19th Nov. If they do ack. they have 28 days from 5th Nov to defend ie 3rd Dec

[Franco99]

right, i have my letter from the court with my paperwork all stamped. says that it was issued on the 31 October2 006. Court sent it first class post on 01 november and deemed served on 03/11/06. Defendant has until 17 november 2006 to reply. So do i basically just wait? no need to send anything off to the courts?

[GaryH]

No, no need to do anything else just yet - apart from more research, of course! Lloyds will acknowledge the claim in the next week or two, which will then give them an additional 14 days to file a defence. Expect the defence to be filed on the last possible day of the 28, ie the 1st Dec. You will then get a copy of the defence from the court, along with an allocation questionnaire, which you will have to fill out and send back to the court within 2 weeks. This is fairly simple to complete and its purpose is basically just to help the judge decide which track to allocate your claim to. There are guide notes for this in the templates library. Once the AQ is handed back, they should settle not long after.

[Franco99]

hi

 

Thanks for the info gary. I have just checked and I have been charged another £90 on the 1st Nov, is it too late to claim that now i have actually been to the court and put my claim in?

[Michael Browne]

The simple answer is yes, it's too late.

 

You could if you want amend this claim for £35 (unreclaimable), N244 + 3x N1 + 3x Schedules + further delay to your claim.

[GaryH]

Yes, I would agree with MB there. Best off leaving it for now and starting again when this ones finished. Its not worth the hassle (and cost) of amending it at this stage.

[Franco99]

hi guys,

I have received a letter from the court stating ' The defendant filed an acknowledgement of service on 7th November 2006, The defendant has 28 days from the date of the claim form with particulars of calim, to file a defence. The acknowledgment was filed by the solicitors acting for the defendant.'

 

So 28 days from the 03/11/06 is 01/12/06. So its the allocation Questionnaire next then?

 

Cheers

[GaryH]

Yep, you'll get the AQ and defence at the same time.

[BARTY]

Hi

Yes you will receive an AQ to fill in, and a copy of their Defence.

Good luck!

Barty

[Franco99]

cheers guys, may be a good xmas after all !!

[GaryH]

Hmmm, may not get resolved quite in time for christmas I would'nt have thought. You may be lucky, but it usually takes around 2 months from the time you receive the defence.