I'm Scared

[Pattie1968]

Hi All,

 

I sent my letter to Lloyds Tsb in July to reclaim £857 worth of charges. They replied that I agreed by their terms and conditions and that if they had not heard from me by the 18th September they we're gonna close the matter.

 

I called them and after being shoved between the 'customer care' dept and the complaints dept, I finally got them to note on my file that I was not dropping the matter.

 

Should I send them another letter or just prioceed to moneyclaim online?

How easy is this?

 

I'm scared!!!!

 

Many thanks and good luck

 

[hagenuk]

Hello

 

First, don't be scared. Which letter have you sent them?

[GaryH]

You need to have a really good read of the step by step instructions and the FAQ's. The response is totally standard and you should stick to your timeline as per the step by step instructions.

[brecken]

Hi Pattie,

We were all scared at first, no one more than me, have a good read through all the threads and such, Im sure it will put your mind at rest.

I'm at the end of my claim with Lloyds, just 2 more companies to deal with, wish I had more really coz I'm getting into this now, your confidence will grow, and we are all here to help.

Best of luck.

Brecken X

[mooreda]

you should not post comments on this site denoting you are scared because you must remember - the banks are watching this site as well.

 

All of us need to stand up and show the banks that we mean business but we will not achieve this if you are coming across as scared.

 

All you need to do is follow the process as detailed in the FAQ's and with the support of this site you should do fine.

[myzeejon88]

Try not to be, easier said than done, there's so much help here, someone is always willing, spread sheets, supposedly easy, I'd have given up before now but I want my money back

[Pattie1968]

Many thanks for your replies

 

I sent them the letter asking them for the charges plus interest. I also sent them the spreadsheet with the breakdown of all the charges.

 

Is there another letter I should send before I make a claim on line?

[GaryH]

As I said in my last post, you must read the FAQ's and step by step instructions THOROUGHLY. Everything you need to know is contained within them.

[Princess Ivy]

i'm nervous as well. up until i found out about this site i thought the charges were perfectly legal. i've been angry and frustrated with my bank for a long time now, but haven't really bothered to get another account as they all seemed to be the same.

However, now that i know that there is a way that i can fight back, i am determined to go through with it. Good luck pattie

[Number6]

you should not post comments on this site denoting you are scared because you must remember - the banks are watching this site as well.

 

All of us need to stand up and show the banks that we mean business but we will not achieve this if you are coming across as scared.

 

I don't necessarily agree with the above. It's quite natural to be scared and that is what the banks are trying to exploit. The more they prevaricate, delay and bluster with legalese the more people they hope to put off.

 

No, what will worry them more is to see this "community" giving each other mutual support and encouraging those that might have dropped out to continue. For the banks to see one potential dropout "rescued" by this site will worry them far more IMO.

 

Don't be scared Pattie, just follow the process. If you need help or have any questions, no matter how dumb they may seem to you then post 'em up on here. We're all here to help!

 

Pete

[Bean]

Hi Pattie1968,

 

Welcome to the forum!!!

 

Action cures fear.

 

You only feel apprehensive because it's new and you are on unfamiliar ground. But as you read around this site (and you should take about 5 days doing that) you will see that others are very familiar with the step-by-step process.

 

If over £2.5 million repaid in settlements to about 2200 people, with not one case defended in court, is not an encouragement, then I don't know what is!

 

Read the FAQ's, get familiar with the steps, read lots of threads, and get started when you have a good idea of what you are doing. If there's anything you're not quite sure of, just ask. There are now very close to 70,000 members on this site so there's a pretty good chance someone will be able to answer your questions. Remember this is a self-help site so you should be prepared to do the work, but there is oodles of support if you need it.

 

Action cures fear.

 

I wish you every success.

[GaryH]

Could'nt agree more with both the above

[Pattie1968]

Thank you everyone

I'm on the case!

[Pattie1968]

Hello Everyone,

 

Upon checking my claim on-line and it stated the Lloyds entered a defence plea on the 20th September.

 

As of tody I still haven't had any kind of communication from them. Is this normal. Should I just hang tight unitl I get some sort of letter from them. what should be my next step.

 

Many Thanks

 

Pattie:-|

[bearo]

you will get an allocation questionaire that you need to fill in, they now have 28 days to submit their defence, you should get reading the allocation questionaire text in the templates library and prepare it, ask any questions you need to know in the meantime so you can just fire it off when you recieve it in the post!!!

Don't worry very standard stuff form Lloyds!

[Pattie1968]

But has the 28 days not passed already?

[livelylad]

But has the 28 days not passed already?

 

As Ollie said you will get the AQ in the next few days complete it and send it back to the court.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[Pattie1968]

Hello Everyone,

 

I'm in the process of completing my AQ form. I was wondering what to put in section G of the form

Can I just copy & paste the following from the notes.

 

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

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs! You could include similar text to this....

I am respectfully requesting 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.

Any advice would be greatly appreciated.

Thank you

Pattie

 

 

[bearo]

Yep fine! go for it.

[bearo]

Please stick to one thread per claim. I have merged three threads about same claim into one, post any questions you may have on this one! Thanks!

[Pattie1968]

Hi All,

 

On the AQ from Lloyds solicitors, and they ticked YES on the settlement box.

Would it be worth my while calling/writing to them and asking how much they would offer in settlement.

 

By the way I ticked NO on my AQ form.

 

Cheer everyone

 

 

Pattie

[GaryH]

Send this to SC&M and also the court;

 

Dear Sir/Madam,

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on **/**/**.

 

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, all my previous attempts at dialogue with your client have been met with outright refusals to negotiate this matter, and on **/**/** I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £***.

 

In light of your indication of your intention to negotiate settlement, I will await your communication informing me of how you wish to proceed. I trust this will come before **/**/**, as this is final day of the month you requested to reach a settlement in your allocation questionnaire.

 

A copy of this letter will also be sent to the court.

 

 

 

Yours faithfully

 

By all means follow up with a phone call a few days later once they've received it.