Lloyds TSB - Sending letter today - HELP!!

[Franco99]

more like oh rather than ho ho ho then.

 

Oh well, i suppose its worth the wait.

 

Cheers

F

[Franco99]

just a quickie, i have also a claim with HSBC that I started on the 1/11/06, that was my first letter, no reply to date and it was sent recorded delivery, so shall i just go ahead and send the LBA Letter?

 

Cheers

Franco

[GaryH]

Don't worry about whether they reply or not, thats irrelivant! You should always stick to your timeline regardless of what they do. With HSBC you'll probably find you get no response untill around the time you're due to file a claim, at which point they will offer you around 90% of the claim.

[Franco99]

As for the Questionnaire that I will have to complete that costs £100, now will I get that back?

[Joa]

If you ask for it, you should. When they write to you offering a settlement with conditions (account review, confidentiality etc) you may write back stating extra costs to be added to the settlement amount (plus you can stuff confidentiality up your backside)

I did that and got all other costs back; recorded delivery costs, AQ etc.

[GaryH]

Yes, you will. AQ fee is a recoverable cost.

[Franco99]

hi guys,

 

I have received my Allocation Questionnaire today, i have a few queries:

 

Part A) Postponed for a month? yes / no? I think No

Part B) Location of Hearing Yes / no? :I think No

Part C) Agree small claims track is the most suitable Yes/No : I think Yes

Part D) Witnesses? Is that '0'

Part E) Experts report? I will put 'No' only in the top box?

Part G) Other Info? Should I put anything here?

Part H) Fee? Yes I will be paying cash when i take my form in.

 

I would appreciate your help as I want to get this bit 100% correct.

 

Many thanks

[jhenry]

All parts ok as you have answered

 

 

fill sectionG as below

 

I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

[jhenry]

sorry and also in section G :

You should state here that you believe the case will last no longer than 1 hour

[Franco99]

ok cheers, can i ask if you have actually won a case using that paragraph? and also where exactly do i put in the 1 hour bit?

 

Cheers

Franco

[GaryH]

What was there defence Franco? Did you get the nine point 'service charge' one or the 14 point 'claim too vague'? If it was the latter, heres what to do - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-lloyds-defence-claim-vague.html

 

Regards the AQ;

 

A) No

B) Did the AQ come from your nearest court? If it did then you want to keep it at that one.

C) Yes

D) No

E) No

G) If the defence is 'claim too vague', see the above linked thread, if not, just use the template from the library as posted by jhenry

H) A £100 fee is payable, but only if your claim is over £1500. If it is not, there is no fee.

[GaryH]

ok cheers, can i ask if you have actually won a case using that paragraph? and also where exactly do i put in the 1 hour bit?

 

Cheers

Franco

 

Its from the templates library - you are advised to include it. The 1 hour bit is also part of the section G template.

[jhenry]

Hi Franco

 

Having read thru some of the sucessful threads and guidance to filling out the AQ. It seems to be a pretty standard use of wording.

With reference to the hour!!! Im not sure I would assume that by saying this you are showing that you will be prepared & organised, you know what you are too say and that you wish not to waste or take much of the courts time. Im not exactly sure but I would say one of the site helpers would be able to clarify.

 

best of luck

jhenry

[Franco99]

cheers guys i will get that into the Court Tuesday morning.

[jhenry]

Hi Franco.

 

Did you get your AQ into the court on Tuesday? Off to Romford County Court tomorrow (1st). To get my AQ in, had to wait for payday for £100. bloody 5 weeks since last being paid in October.

 

anyway watching your thread as your same stage plus couple of days

 

Good luck

johnh

[Franco99]

cool,

 

well i know we get the £120 for the initial claim, however how do we ask for this £100 for the AQ.

 

Any ideas. I hope that Lloyds are feeling generous this xmas and send me my cheque !!

[Janet-M]

The court will automatically add it to your claim .If it was me I would ,just to be sure, give the court a quick call and make them aware of the extra costs

[Franco99]

hi guys,

 

I guess i will just sit back and wait for Lloyds to respond for now.

 

A Question in repsect to my brothers claim.

 

They have offered him 30% of his claim, now obviously he wont take that, but in his LBA does he have to say thanks but no thanks or just ignore it.

 

Cheers

[Michael Browne]

Amend the 1st paragraph;

Thank you for your letter dated xx/xx/xx and settlement offer of £XXX

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

[Franco99]

cheers

[Franco99]

hi guys,

 

Well i got my AQ into court on the 30/11/06 and have received the Lloyds bank completed AQ on Saturday. So i guess i just sit and wait?

 

 

Cheers

[GaryH]

Yep. You'll get a court date and directions in the next couple of weeks.

[Franco99]

hay,

 

how cool was that programme last night on TV about bank charges?

Seems like its really taking off big time.

 

Cheers

[jhenry]

Yer I saw that, that small town Bovinhton (or something) really went for it. That fella Steve Horne sounds like he started the ball rolling. I dont know if he gained knowledge from this website, but thru doing his Law degree he picked it up from there.

Not to sure about these banks coming up with the answer back to say that its now not a penalty is a service charge . Still sounds like the OFT are on our sides and pushing for some answers.

 

A very interesting watch, and great to be apart of.

[GaryH]

Good watch were'nt it? Great stuff.

 

Stephen is actually a moderater here - I beleive he had a hand in originally setting up this site along with BF and Dave. He's not here much now though, he's since started up his own site. Not as good as this one though of course!

 

As for the service charge argument - ROTFLMAO!!!!!!!!!!!!!!!!! Very bloomin funny Mrs bank lackey woman, I could'nt stop laughing at that! To quote a Bookworm saying - "If it looks like a penalty, smells like a penalty, and acts like a penalty - It bloomin well is a penalty!" In short, its rubbish - the banks know it and more importantly so do the courts. Have a look at page 3 of my thread for the evidance against the service charge arguement.