Sean v's Lloyds *LLOYDS ABUSE STRIKE OUT*

[sean1]

Thanks for your advice Martin, I was well and truly p***d off.

 

I was on the verge of giving up when Lloyds issued their defense straight away against my claim, and it was pointed out that I had made a mistake by not submiting all the details on my claim form.

 

I will ring moneyclaim to amend my form but after I have read up a little more, I have ordered the 'Lawpack' book to try avoid making any more stupid mistakes.

 

Mean while it is reasuring to know that help is always available when all seems lost.

 

 

Sean.

[sean1]

Help!!

 

I have received a leter from the County Court this morning: -

 

***Upon the courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an appointment to have it set aside, varied or stayed within 7 days of receiving it

 

It is ordered that

 

The claiment do file and serve by (Date) full particulars of how this claim is made up.***

 

I thought that I had done this when I returned the AQ, I included a break down of the bank charges that I was claiming.

 

Has anyone else received something similar to this, I'm not quite sure what to do now.

 

Regards

Sean.

[freebird]

I don't understand this one Sean, ask the mods/admin if they can help..I thought our breakdowns went off months ago ?

[sean1]

I filed my claim on line and omitted the detail of the claim in error, so I posted my break down with my AQ. I just sent a spreadsheet of all the charges that I was claiming line by line.

 

Stupid question - but how do I contact the mod/admin?

 

Thanks

Sean.

[jonni2bad]

When you say that you did not detail your claim, are you referring to the list of charges, or did you not use the Particulars of Claim section at all?

 

If you used the Particulars from the site and they are referring to the list of charges, I would phone the Court and ask them to check your file to see that the AQ is there, along with a schedule of charges.

[sean1]

Thanks - I will do that.

 

When I filed my claim on line I put that I was claiming unfair bank charges.

 

After reading the forum I realised my mistake and sent a letter to their solicitors and also put a break down of bank charges in with the AQ.

 

Regards

Sean.

[jonni2bad]

...When I filed my claim on line I put that I was claiming unfair bank charges.

 

After reading the forum I realised my mistake and sent a letter to their solicitors...

 

What I'm searching for is the wording - so are you saying that your Particulars of Claim stated "I am claiming unfair bank charges" ?

 

If so, what exactly did you write when you contacted their solicitors?

[jonni2bad]

Please be quite specific.......

[sean1]

Hi,

 

 

This is what I sent to them: -

 

 

 

Claimant _ _ _ _ _

 

Name:

 

 

Defendant Lloyds TSB Bank

 

I have a contract with the defendant bank, account (_ _ _) from (Date) which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years. The banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair Contracts Terms Act 1977 s.4and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2 (1) (e).In the event that the charges are not a penalty then they are unreasonable within the meaning of Supply of Goods and Services Act 1982 s.15.1 have asked the bank repeatedly, to justify their charges and they have declined to do so. £xxx is the amount owed. A breakdown is available.

 

 

Have I messed up??

 

 

Regards

Sean.

[jonni2bad]

The letter is fine, but on your original court claim, in the Particulars of Claim section, what did you write, precisely?

[sean1]

I wrote the following: -

 

'Reclaiming of unfair bank charges.'

 

I read on the forum that if I sent a letter to their solicitors that this would be ok?

 

Regards

 

Sean.

[jonni2bad]

OK.

 

I think you should also write a letter to the District Judge (unless you have been informed about a specific Judge) and state that your original claim did not particularise the claim and that you would now like to offer a more detailed explanation.

 

Include the Particulars of Claim from the templates library (N1 version) and another copy of the spreadsheet of charges. Do this asap.

[sean1]

Thanks.

 

I will let you know what response I get.

 

Regards

 

Sean.

[rivendale0506]

Sean if it is of any comfort I had something like that from the court (not about the same thing that you did) but I wrote to the judge telling him I would like to amend my particulars of my claim.. included another N1,... and got an order back saying that I could and the defendant was also then provided with a copy of my updated claim by the court.. You may well have to pay a £35 fee though if you want to change your particulars of claim on another N1..

 

Hope this helps

[sean1]

It has helped alot - thanks.

 

I feel a bit of a wally, but hopefully thanks to all the help I will be able to salvage something.

 

Thanks again.

Sean.

[freebird]

Sean we all make mistakes along the way but we can rectify them and with all the help offered on here, you'll get there..

good luck

[sean1]

Thanks Freebird, I'm starting to see the light at the end of the tunnel and feeling more confident now.

[sean1]

Hi.

Just to let you know that I received a letter this morning from the county court stating that my claim has been stayed until the 18th Dec to enable both parties to attempt settlement.

 

It states that on or before 02nd Jan 2007, one of three steps must be taken:

 

1/the claimant must notify the court of settlement

or

2/claimant / defendant must write requesting an extension of the stay period explaining steps to be taken towards settlement

or

3/all parties must file a completed AQ at the court

 

Does anyone know if I need to send another AQ in if 1 & 2 don't happen?

 

Thanks

Sean.

[GaryH]

You need to get in contact with them and ask what their proposals are for settlement, since it was them who requested the stay. Send SC&M this and also a copy to the court -

Dear Sir/Madam,

 

I write in relation to the above claim (put claim details at top of letter) and specifically the staying order placed upon it by the court on **/**/**.

 

You requested this stay to be ordered in the Allocation Questionnaire of the defendant, in order that a settlement is reached by way of negotiation. The court has subsequently acceded to your request and I am therefore inviting you to offer your proposal's for the settlement of these matters.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the honourable court's order in such contempt as not to respond to this letter positively and in the manner in which your request for the stay has indicated.

As such, I will expect a response prior to the date set by the court, **/**/** informing me of how you intend to proceed.

 

A copy of this letter has also been sent to the court.

 

Yours faithfully

[sean1]

Thanks Gary.

[sean1]

Hi,

 

I have just received a reply from the court as below...

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing.

 

It is ordered that

 

1/ The court of its own motion is considering striking the Defence in this action as an abuse of process

 

2/ The basis for this is the fact that the Defendant is settling all claims of this nature where claimants are seeking the reimbursement of bank charges, with no claims proceeding to a contested hearing

 

3/ The court considers the authority of Mullen-VHackney London Borough Council (1997)2 A11ER 906 relevant

 

4/ If the defendant objects to the proposed strike out it is ordered to file by ______________ a schedule setting out all claims of this type in England and wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before final hearing, after proceedings have been issued

 

5/ Upon receipt of any such objections the court will consider listing the claim for an on notice hearing of the strike out issue

 

6/ In the absence of any such objections being filed in time, the defence herein will be struck out and entered for the amount claimed, together with the appropriate costs claimable on the small claims track.

 

Has any one else seen a letter like this?

Am I nearly home and dry?

 

Regards

Sean

[GaryH]

Sean, this is fantastic news. Firstly, which court is it dealing with your claim?

[sean1]

hi Gary,

 

It's Lincoln Court.

 

Regards

Sean

[GuidoT]

That is a nice order, Kazzaw had one of these a few weeks ago, we should find you soon what the outcome is, it should affect how you claim will be managed, see her thread:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/20752-kazzaw-lloyds-asset-card.html

[l33d5un1t3d]

Agree a very nice order. I have a directions of hearing in March, based on the Lincoln Court letter I wonder if it's sending a letter to the district judge quoting this before hand?

PS. I "googled" Mullen-VHackney London Borough Council (1997)2 A11ER 906, but got nothing back, any idea where I can see this authority in more detail please?