Trudi trying hard to get money back!

[trudi]

Hi,

 

First time have sent a message in, but have got as far as the Allocation Questionnaire with LTSB who are rejecting my claim of £800, surprise, surprise. i just wondered if anyone could give me some assistance on filling out the form, and is it a huge problem if I do not have an expert witness or a lawyer? If it is I have a problem!

 

Many thanks for any help, the site has helped me loads already.

 

Trudi

[kokomar]

There's a guide to filling in the AQ in the templates library. New to this myself so wouldn't want to give advice but from what I understand you are the expert witness in your case and no-one that I have seen has engaged a lawyer, just read read and read again some of the longer threads, the people on here are amazing! - I'm sure one of the mods will be along soon to help you further, just wanted to let you know there was someone out there. Good luck. Koko

[trudi]

Thanks for that Koko. I have read lots of threads but like everyone else, i think I will be the first to be taken to court. In their defence, lloyds claimed that I was vague and because i know so little about court, i agree that i would be vague in front of a judge so stressed a little. i will now check out templates library. Thanks again. Trudi

[ukaviator]

Hi Trudi

 

Can you post the reply of their defense here?.It may help others if a mistake has been made.Don't worry too much about the court.The judges are sympathetic towards people when it is their first time even setting foot in the door.You will probably be paid out before then anyway,as full disclosure of true costs will be presented.They definately don't want that out in the open.

What idid they mean by Vague?..

If you go to the GUIDANCE NOTES on this site,everything you need besides your costs breakdowns and statements, is all there to help you.Don't forget the Mcnamara audio interview as well.It will come in handy.

 

Good luck

 

Ukaviator

[kazzaw]

Have a look in the Bank Templates Library for advice on how to complete the Allocation Questionnaire. (AQ)

 

There is an excellent post by jonny2bad called "Allocation Questionnaire - A Guide to Completion"

 

Link below:

 

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

[trudi]

Hi I will happily post their defense here but being the techno idiot that i am, i don't know how to, if someone will explain how i will put it on. Sorry am a bit dozy on computers. Have completed AQ after gaining in confidence reading threads, so here i go....... Trudi

[ukaviator]

Hi Trudi

 

I believe it is just a lot of typing required.Have'nt quite got around putting links to the threads on here yet myself.

 

Good luck

 

Ukaviator

[trudi]

Ok here goes with the defence (bear with me it's long winded)!

 

1. The claimant has been a customer of the bank at all material times

2. The Defendant will object that the particulars of claim in this action disclose no reasonable cause of action against the defendant and makes no allegation against the defendant as to why the defendant should be liable to the claimant for the amount claimed.

3. The [particulars of claim do not comply with the civil procedure rules as (amongst other things) they do not show how the sum of £810 is arrived at and the grounds for bringing the claim

4. The claimant should, therefore, be ordered to file and serve an amended claim to set out the basis in law and fact for her claim as there is no pleaded basis for the claim itself. The claimant should give full particulars of the charges she is seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case she alleges it is a disproportionate penalty and thus unlawful

5 The defendant should then be given the opportunity to defend the proceedings further

6 For the avoidance of doubt by opening an account with the bank, the customer enters into a commercial arrangement with the bank for the provision of banking. If you want to use a service that we haven't listed we'll tell you the cost of that service before you give us the go-ahead.

8. There is no breach of contract, the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimateof the bank's loss

9 the customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following months statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement witht he bank. If the customer fails to remedy the position and payments such as standing orders and direct debits are refused then again the customer is warned by letter

10. The charges are fair and reasonable and it is denied that they are unlawful.

11. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the bank and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regs 1999, are not subject to the assessment of fairness.

12. In the premises i) the charges are for banking services and are not damages nor a penalty ii) the bank is entitled by contract to impose the charges which are fail and reasonable iii) it is denied that the charges are unlawful or contravene any statute or regulation iv) the claimants claim is denied in its entirety. it is further denied that the claimant is entitled to the sum claimed or to any sum from the bank.

 

So, having received this and panicked for a bit, I checked out the templates library and filled out my AQ which went off this morning 23 Sept. Not sure what happens next so will check out some more threads and wait for something to happen!

[natsmanc]

Hi Trudi

 

I recieved exactly the same defence frrom Lloyds. Did you send a copy of your spreadsheet with your MCOL to them to show how you reached the sum of 810.00?

I didnt send one with mine and I think that was the reason for the remark in point no.3 of thier defence. I sent a copy of my spreadsheet to the Court and to Lloyds solicitors this week.

[trudi]

Hello natsmanc, thanks for that and you're probably right. I did send Lloyds a list of the charges I was owed but it was literally just a list of dates, reasons for charges and amount charged so may be this wasn't enough. This was sent with first two letters that I sent to LTSB. I can't remember what I sent with MCOL. Did you send your spreadsheet back to the court with your AQ or later. I will have to send my list onto them both this week.

 

Let me know how you get on - good luck and thanks for your advice>

 

Trudi