Beales Vs lloyds TSB **WON**

[pbeales1]

Hi all until know I have been a silent member.This site is superb and reading all the threads is great.

I am awaiting my AQ to come through the post.

LLoyds defended the claim yesterday with only a day to spare (usually story with these guys).

Can anyone give me any help or tips for the way forward?

 

Many thanks Phil.B

 

24th Aug 2006 - Small Claims Court action filed

26th Aug 2006 - Claim deemed to have been served

6th Sept 2006 - Defendent filed an Acknowledgment of Service

26th Sept 2006 - Defendant's solicitors filed a defence (Sechiari Clark & Mitchell).

awaiting - Defence & AQ at present.

[closey]

When you receive your AQ, use the guide in the bank templates library to help you complete this. Ensure you photocopy it, and keep one copy for yourself and send one to Lloyds solicitors along with a schedule of your charges (if you haven't done so already). It then a case of playing the waiting game I'm afraid.

[pbeales1]

Ok thanks for the advice,I will sit tight and keep battling on.

I will keep you posted.

 

Many thanks Phil.B

[pbeales1]

Have got AQ this morning!

It states that the claim is too vaig.

 

Any idea where the speadsheet is to calculate the statement of charges?

 

Many thanks Phil.B:confused:

[closey]

What exactly was the wording? Did you not use the spreadsheet to calculate the interest before submitting the claim?

[pbeales1]

No i didnt use the spread sheet.

I totally forgot, i even phoned moneyclaim to check.

They said it was not needed some 3 weeks ago.

I hope after all this it dosent get struck out.

I am going to do what is ness this evening.

Is there any examples of this that you are aware off "panicing alot"

i think i should send this right away and do you think i should write a letter of apology?

 

Many thanks Phil.B

[blueskies]

This seems to me to be a problem with the wording of the Particulars of Claim (PoC). Exactly what wording did you use on the MCOL website?

 

You should also complete a spreadsheet with the details of the charges. We need more information than this to be able to help you. From what I can tell now it may be that you need to amend your claim so this is urgent

[natsmanc]

Hi

 

Exactly the same happened to me. SCM solicitors also said my claim was too vague etc etc. Apparently they've been doing this quite a lot when people don't send a schedule of charges to show "how the figure has been arrived at".

I sent a copy of my spreadsheet to the court and to SCM solicitors by recorded mail straight away, and when I posted my AQ I sent it again to be double sure!!

 

 

Natalie

[pbeales1]

Hi many thanks for your help so far.

Can i input into the statement of charges spreadsheet, the overdraft interest too?

 

Many thanks Phil.B

[natsmanc]

Hi

 

I was told that you shouldnt include the charges for interest on your overdraft as the the spreadsheet will calculate 8% interest for you which should cover what you've lost.

[pbeales1]

hi thanks for that!

 

I am very confused at the moment.

 

I am at the stage where i have received my AQ and stupidly have mis-understood the advice for whatever reason.

To cut a long story short, i need to add all my detals to my statement of charges spreadsheet.

I urgently need to make an amendment to my claim, get this data input in the spreadsheet and send it recorded delivery.

I und i cannot include O/draft Int that Ltsb have put as a CHG on my statement.

i have alot of charges on my statements for o/draft usage that i have calculated and included in my claim fee.

Can i input the "o/draft usage fee in to it or not?

 

very confused Phil.B

 

Many thanks for your help

[pbeales1]

hi thanks for that!

 

I am very confused at the moment.

 

I am at the stage where i have received my AQ and stupidly have mis-understood the advice for whatever reason.

To cut a long story short, i need to add all my detals to my statement of charges spreadsheet.

I urgently need to make an amendment to my claim, get this data input in the spreadsheet and send it recorded delivery.

I und i cannot include O/draft Int that Ltsb have put as a CHG on my statement.

i have alot of charges on my statements for o/draft usage that i have calculated and included in my claim fee.

Can i input the "o/draft usage fee in to it or not?

 

very confused Phil.B

 

Many thanks for your help

[natsmanc]

Dont worry Phil

 

I spoke to the court regarding my claim and you can amend it for approx 35.00. As far as the overdraft interest in concerned I was told not to include it, however it might be best if you speak to a mod about this.

 

Natalie

[GaryH]

For a start - if you're not sure what to claim for at this stage, then what did you put as a the total of your claim when you filed it, and how did you come to that figure?

 

Please give me the answer to this and we can take it from there.

[GaryH]

Overdraft interest is not all claimable. You can only claim what was applied as a result of each unlawful charge. So no, you can't just add on the whole lot as it appears on the list of charges from your SAR. You'd need to work out the claimable preportion, but to be honest this is the least of your worries.

 

We need to know exactly what you put as your 'particulars of claim', and the amount of your claim and how you arrived at it.

 

Don't worry, it can be put right, but for anyone else reading this thread - DON'T FILE A CLAIM UNTILL YOUR 100% SURE OF WHAT YOU ARE DOING!!!!!!!

[pbeales1]

Overdraft interest is not all claimable. You can only claim what was applied as a result of each unlawful charge. So no, you can't just add on the whole lot as it appears on the list of charges from your SAR. You'd need to work out the claimable preportion, but to be honest this is the least of your worries.

 

We need to know exactly what you put as your 'particulars of claim', and the amount of your claim and how you arrived at it.

 

Don't worry, it can be put right, but for anyone else reading this thread - DON'T FILE A CLAIM UNTILL YOUR 100% SURE OF WHAT YOU ARE DOING!!!!!!!

I did not detail the P.O.C, but i sent a total on the claim form.

 

I stupidly didnt send the statement of charges.

 

I added up the O/D interest,O/D usage chg and actual charge of unpaid s/o,returned dd chg and unpaid cheque charge.

 

I have recalculated the spreadsheet with only dd, s/o and non payement of chq Charges.

obviously i need to send this now - within the next few hours to sc&m and my local court.

 

any help would be appreciated, many thanks.

 

Phil.B

[pbeales1]

Can anyone help? Does anyone know what is the difference between an O/d interest charge and an overdraft excess fee is?

 

I have quite alot of high volume o/drft excess fee charges, are these unlawful charges as in the case of an unpaid DD, s/o and unpaid cheque?

 

Many thanks Phil.B

[reload]

Hi Phil B,

 

Don't fear, all is not lost.

 

You will need to file an N244 Application Notice to amend the claim. There is a one-off unreclaimable £35 charge to do so.

 

You can download an N244 from here:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Suggest you fill it out along the following lines:

 

PART A

 

... I would like to ask the court permission to amend my claim xxxxxx deemed served on Lloyds TSB on xx/xx/xx.

 

because

 

- An error in the particulars of the claim was made regarding nature and value of the claim.

 

 

Part B

 

I wish to rely on: tick one box

 

- Evidence in Part C in support of my application - tick this one

 

 

Part C

 

I wish to rely on the following evidence in support of this application:

 

Please refer to the attached amended particulars of claim and schedule of charges.

 

You will need to file this form with your local county court ASAP. You would be best off attaching a covering letter to the court elaborating on the errors (mistakenly included the full OD interest). I believe it's common courtesy to send a photocopy to the defendent, too.

[pbeales1]

Can anyone help? Does anyone know what is the difference between an O/d interest charge and an overdraft excess fee is?

 

I have quite alot of high volume o/drft excess fee charges, are these unlawful charges as in the case of an unpaid DD, s/o and unpaid cheque?

 

Many thanks Phil.B

[GaryH]

Overdraft excess fee is claimable, O/D interest is'nt (well not all of it anyway - see explaination above)

[Alison carnall]

Hi Phil

 

I have been trying on behalf of my husband to claim back Lloyds TSB charges, we issued our claim and issued our judgement on Monday , I have set the date at the 14/10/06 . I would be gratefull of any good advice you have or receive through the forum to be passed on to myself.

 

I have never done anything like this before, I issued the claim and judgement through moneyclaim on line and have called their help line on a number of occasions to check I'm doing it right, we haven't heard anything from Lloyds since their letter saying, that their sorry we not happy with their service but we wont give you a penny back is this what's happened with your claim ?

 

Cheers for any advice you have.

 

Ali Carnall

[pbeales1]

Hi Alison, what date did you file with money claim?

you need to allow 3-4 days after that to allow for receipt.

They then have 14 further days in which to acknowledge the claim.

Is this the stage where your claim is up to?

 

Phil.B

[pbeales1]

I have re-calculated my claim and it comes just below the £5000 level.

I have not applied the 8 % allowed by the courts yet.

Can i do this or is that outside the small claims track.

Should i just send in the claim without the 8% interest.

Your opinions on this would be welcomed.

 

Many thanks Phil.B

[reload]

Hi Phil,

 

There should be no mention of the 8% in your letters to Lloyds. You do, however, state in your particulars of claim that you are claiming for the statutory section 69 interest when filing the claim - including the amount.

 

You would be best to use the simple spreadsheet in the bank templates library to calculate this. You can of course claim without going after any interest whatsoever, but why let Lloyds off any penny they owe you? It's not like they ever do the same for anyone!

[pbeales1]

Yes thanks for that reload.I have input all my data onto the spreadsheet.

the charges cloumn only comes just short of the £5000 limit.

And the interest total of all the line charges takes my total including interest to over £6000. what implications does this have with the small claims court?

Can i still proceed.

I need to make an amendment to my claim today by recorded post.

 

Many thanks Again

 

Phil.B