Natsmanc v Lloyds

[natsmanc]

Hi all

 

I'm claiming bank charges back from Lloyds and I am beggining to get a bit nervous! Lloyds are disputing the whole claim and the court recieved their defence this morning. I'm told that the case is being refered to my local court and that a date will be set. Has anyone actually gone to court with Lloyds or is the case usually settled before it gets that far?

I need a bit of reassurance

 

thanks natsmanc

[GaryH]

No need to panic Natsmanc!

 

They always file a defence - its just an attempt at intimidation. They have'nt actually defended a single case in court yet and they probably never will. That said, you should always be prepared for every eventuality. Quite often they settle not long after the deadline for the allocation questionnaire, although some have waited longer than that - even to withen days of the court date in fact! But, as I said, they always settle eventually. They have'nt got a leg to stand on, and they know it!

 

Stay strong and keep reading up around the site - the case guidance notes in the templates will be useful. Keep us posted!

[natsmanc]

Thanks for the encouragement Gary, I feel much more confident after reading other posts on this site!

[natsmanc]

Hello

Does anybody know where I can find an example of a completed Allocation Questionnaire? I'm not 100% sure what to write.

 

Any help will be really appreciated

[GaryH]

You'll find everything you could ever possibly need somewhere on this site - in this case the templates library.

[natsmanc]

I've recieved LTSB's defence today and I think I have a problem. Basically, the solicitors think Ive no grounds to make a claim - " The claim does not comply with civil procedure rules (amongst other things)" - what does that mean "amongst other things"?

 

I didn't send a breakdown of costs with my claim on MCOL so I'm wondering if that is the problem.

Has anyone else come across this?

[GaryH]

Yes, this is happening alot lately. Don't panic - its nothing that can't be sorted out. Send the court and SC&M a copy of your schedule immidiately. Also, could you post up your particulars of claim please? PM if you prefur.

[natsmanc]

Hi, please can you help???

I'm hoping somebody may be able to help me, or may have experienced something similar. I used a template from another site (before I found this one) for MCOL form and I think it is too vague as it doesn't mention the Unfair Terms in Customer Contract Regulations and Law of Penalties. LTSB have said that my claim is too vague in their defence. Does anybody have any suggestions please?

ps, is it true that I can alter my claim for 35.00 with the court?

 

"I held 2 current accounts ******* & ******** with the defendant between 30.6.93 and 12.8.06 in which time the defendant made various deductions from the accounts in respect of unauthorised overdrafts fees - levied when account debit was greater than the specified overdraft limit and unpaid standing order or direct debit fees-levied when a standing order or direct debit payment was returned unpaid because there was not sufficient funds in the account. If the defendant is able to establish that the contract between themselves and I did contain terms purporting to entitle the defendant to levy these charges I will contend that they are unenforcable at common law, being penalty clauses rather than liquidated damages clauses. I claim from the defendent a sum equivalent to the total amount unlawfully debited to my accounts during the above mentioned period being 1284.00. I further claim interest pusruant to s69 of the County Courts Act 1984 at the rate of 8% per annum being the sum of 82.33.

 

[natsmanc]

Hello again

 

I'm sorry to mither but really could do with some advice regarding my case against LTSB, any suggestions would be much appreciated:oops:

 

 

Thanks

[GaryH]

Hi again Natsmanc,

 

As I said in my PM, I think it may be best if you contacted the court to see if you could get the particulars amended. They should include the statutes which you are contending have been contravened - ie, the Unfair Terms in Consumer Contracts regs 1999 and Supply of goods and Services Act 1982. The latter is definately important as Lloyds defence states that their charges are a service (which is rubbish, but thats not the point). Amending your claim will cost you £35 though, which is non-refundable.

 

Having said the above, your particulars do state that the charges contravene the common law, so dispite what Lloyds say in their defence, this alone is enough grounds to bring the claim.

 

I'd like to hear another opinion on this though and have PM'ed Reload to see what he or any of the mods think. It may be that there is no need to do anything and just carry on as normal. Watch this space, I'll try to get an answer on the best course of action by this time tomorrow. In the meantime, it would'nt hurt to contact the court just to enquire about the possibility of amending your particulars. You should find them to be very helpful.

[natsmanc]

Hi GaryH

 

thanks for your advice. I have spoken to the court and I was told it could cost up to 65.00 (I can live with that) , but the judge may request a hearing first?!

 

I havn't sent my AQ off yet but I have sent a copy of my spreadsheet to Manchester court and to LTSB solicitors.

[GaryH]

I'm still trying to seek another opinion on this, I'll try again now.

[Robertxc]

Why do you feel the need to alter your claim at all? It looks pretty clear to me. It states what you want, and why you want it. It's not up to LTSB to decide if it's too vague or not - that's the judge's job. Bear in mind that there's little chance of it getting to court, and all the anecdotal evidence we've been getting lately shows that the judges are getting very humpty indeed with the banks forcing cases into court which they have no intention of defending. If it were my claim, I would either ignore this letter, or respond with something very short, such as:

 

Dear Sirs,

 

Thank you for your letter of xx/xx/xx. I note all that you say.

 

yours faithfully.

 

Remember, it's YOUR case. YOU set the agenda, not the bank.

[Robertxc]

Also, LTSB can hardly go to court and claim that they have no idea what this case might be about, can they!

[natsmanc]

Good point, it is my case and they do know why I'm taking them to court! I just dont want to give them any chance of wriggling their way out of paying me my money back.

I want to pay my overdraft off then stick 2 fingers up at them!! I've already opened a new account with Natwest (Step account) which I read about on here - thanks!

I am also claiming credit card charges back from LTSB.

[natsmanc]

i've been reading through some threads whilst i've been quiet at work and found one about quoting the wrong Act in the summons. One of the suggestions is that you can re-iterate (or correct) it on your Allocation Questionnaire! Would you do this in section G?

I'm just thinking that I might be able to add bits on my AQ that i've missed off my claim form.

[natsmanc]

I've just spoken with somebody from MAnchester County Court who was quite helpful. He said that you can reiterate claim particulars in section H of your AQ. He said if the judge thinks it's necessary to amend my claim then he will let me know. I guess I'll just have to keep my fingers crossed!

[natsmanc]

I've just sent my AQ off by recorded delivery, 1 copy to SCM and a copy to the court. I feel less panicky now and I'm preparing everythng just in case I end up in court. I suppose it's just a waiting game now (judging off what I've read about Lloyds in other threads)!

[GaryH]

Yep, you've done everything right - there really is no need to panic, just sit tight and wait for your settlement offer to drop through the letterbox! Also, as Bean said on another thread - action cures fear. The more you learn about the issues involved with these charges, the more you will realise that dispite their sham defences the banks really have not got a leg to stand on, and in turn the more confidant you will then feel. Have a look at wolfcubs case notes on her thread 'Wolfcub Vs Lloyds TSB', you'll find them very useful.

[natsmanc]

I've sent a SAR letter to Lloyds (Colmore Row, Birmingham) for my credit card account. The letter was dated 11/1/06 and so far I've heard nothing. I know they have 40 days to comply but I would like to ring them and check that they've recieved my letter. Does anybody have a telephone number for Colmore Row?

 

Thanks in advance

[lucid]

A number I've got on stationary from Customer Service Recovery Centre, Colmore Row is 0121 600 3109.

 

Hope that helps. Lucid

[natsmanc]

Thanks Lucid that's a great help

[natsmanc]

Just spoke to Doug Whitehurst (very helpful & polite) at Colmore Row, he said they have no record of my SAR on their system so I'll have to send it again!

Sorry to be a pain in the a***, but does anyone know if there is a specific place to send LTSB credit card SAR's to?

Thanks again

[closey]

Did you send it by recorded delivery? If so have you checked the Royal Mail's website to see if it was signed for?

[natsmanc]

Hi Closey

 

No i didnt send it Recorded Mail unfortunately, and it's the first time (and last time!!) I've ever sent any correspondance to the bank by standard 1st class. I've typed another letter and wrote another cheque out for 10.00, I'll send it Recorded Delivery tomorrow then at least I have proof that I sent it.

 

Seems like they'll use any excuse to slow the process down!!