Cheryl vs Lloyds, help with court claim?

[cherylluxton]

Hi everyone, thanks for the help before. Have some more questions. Have decided not to use moneyclaim but file with the pdf copy of the form. My local court is weymouth and dorchester combined court, so would this be the one to use?

Also, do I just post my claim form or take it down to them? And do I send/take the exemption from fees form with it?

I do not have a soliciter so do i leave that section blank in the statement of truth, am i supposed to have a solicitor?

I have filled in my particulars of claim by using the stuff on here and have used this line '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.' with regards to the interest however i noticed in the faq this section

Q. Can I claim interest?

 

A. When you put in a court claim, and not before, you should claim interest at the statutory rate, which is currently 8%. You must add a section to your claim in the following way:

"The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £XXX - (enter the amount) and also interest at the same rate up to the date of judgment, or earlier payment, at a daily rate of £X.XXp (put in daily rate of interest)"

 

You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:

0.00022 X the amount of your claim – this gives you the daily rate of interest.

 

which one is better to use and also is it necessary to include the daily rate of interest as this confuses me alot and will i then need to change my schedule of charges?

 

sorry to as so much, this is where the stuff satrts getting confusing for me! Thanks in advance, Cheryl

[GaryH]

Hi Cheryl,

 

Thats quite alot of questions there, but I'll try to answer them all as best I can,

 

- Yes, that court is fine, when you get there go to the county court section.

- Post it or take it yourself, either is fine (I prefur to do it in person though). Yes, take your exemption stuff with you

- Forget the solicitor bit - unless you want one of course, but its not advised and you definately don't NEED one.

- Yes, you can claim interest at the rate of 8%. Use the spreadsheet in the templates library to work it out, then make sure you make some copys and attach it to the claim form. You'll need 3 copys of the claim form and attachments by the way - 2 for the court, 1 for you.

 

Did you use these particulars? - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-particulars-claim-hard-copy.html. If yes, you can replace section 4. d) with the interest statement as per the FAQ's "the claimant claims interest under section 69 of the county courts act 1984.......... " etc.

 

The daily rate won't make any difference to your schedule, you just need it to include in the above interest statement. Its easy, you just multiply the total of your claim by 0.00022.

 

I hope this helps, if your still unsure of anything, please just let me know.

 

Gary

[cherylluxton]

thanks for the quick reply, couple of other questions as i'm currently working on this claim form!

Intrest daily rate, amount 1993 plus 8% 199.11 (worked that out on the spreadsheet- hope its right!) total+ 2192.11 x 0.00022 = 0.4822642 so is the daily rate 0.48p? Sorry if i seem a bit thick here, been staring at this computer too long!

And where it says: (date when the money became owed to you) to (the date you are issuing the claim) what should i put for the first date? As the charges started on 01/08/2003 do i put that date?

Also what roughly should i put in the breif details of claim bit?

And as i should not have to pay costs, should i remove the section that says claims court costs?

sorry for even more questions, thanks again!!

[GaryH]

No problem Cheryl, thats what this forum's here for!

 

- Your figures look fine. I've checked the daily rate and 0.48p is correct.

 

- Yep, the date is the date of the first charge.

 

- You don't really have to put anything in the 'brief details of claim' section, apart from "see particulars of claim"

 

- If you don't have to pay a fee, just put 0.00 in the box.

 

One other thing, make sure you put 'PLC' after Lloyds TSB in the defendant section.

[cherylluxton]

Thank you greatly for your help! one more question nd then i'm leaving this computer! Address for defendant, branch or something else?

[GaryH]

Ask as many questions as you need! Its miles better to ask loads now than to have to put mistakes right later, and as I said, its what we're here for!

 

I don't think it matters which address, but most people (myself included) use the registered office:

 

Lloyds TSB Bank PLC

25 Gresham Street

London

EC2V 7HN

 

Good luck, and keep us informed!