Beales Vs lloyds TSB **WON**

[reload]

The interest and court costs are both excluded from the total when calculating which track your claim should be allocated to - so you're fine with the small claims court.

[pbeales1]

hi reload, i forgot to send in p.o.c and my claim amount has changed.

Do you think that it is advicable to send a copy of all my bank statements too, to sc&m and the local court?

 

Many thanks Phil.B

[pbeales1]

Also are you aware of a letter in the templates library, that i can send appologising for the amendment!

 

Phil.B

[reload]

Erm... I'm a bit confused when you say you forgot to send in your P.O.C...?

 

It may be advisable to include a copy of your statements with the charges you're claiming for underlined/highlighted, both to the solicitors and the courts, along with your N244 amendment.

 

Just reading back through the thread though... I notice you've not posted your particulars of claim anywhere, or your amended version for that matter. Is there any chance you can do post your amended version here, just so I can give it a quick once over just to make sure you aren't amending an invalid/too vague version with a similar one?

 

The particulars of claim is a section on the N1 claim form - the first form you file with the courts/equivalent with Moneyclaim online. If you filed online, it should be a block of text as listed in the bank templates library.

 

I don't believe there is a template letter for an amendment apology. However, a brief note along the lines of:

 

Dear Sir/Madam,

 

Claim No xx/xxxxxxx

 

Herewith I enclose an amendment to my claim, on the court's N244 claim form as intended for this purpose. Please accept my apologies for the error, and I trust this amendment is in order.

 

Yours faithfully,

 

[pbeales1]

Hi all, posted AQ and n244 form- sent by recorded Del on 03/10/06.

SC&M and local court received 04/10/06.

Now i will sit tight and see what comes next.

 

Phil.B

 

Ps anyone any tips for next stage?

[pbeales1]

Phoned court today, and they say that they are still processing Septembers Claims.There will be nothing for me until the next two weeks.

They must be very busy down there.

I will sit tight and wait for my court date to drop through the door.

 

Phil.B

[reload]

That's the way it goes unfortunately Phil. Stick with it, there's light at the end of the tunnel and it's not an oncoming train for a change

[pbeales1]

Yes Thanks Reload for all your help so far.

I have lloyds Aq now- got a couple of days ago and am about to send my letter of ack to s c & m.

Is there anything that you recommend that i could do next.

I have spoke to the court and obv they are extremerly busy.

They are still processing sept claims.

Am told i should have a court date/moreinfo by the end of this week.

 

what could i do next?

 

could i write to sc & m asking for them to settle before it goes to court?

Demenstrating my ability to comunicate.

 

Many thanks Phil.B

[pbeales1]

That's the way it goes unfortunately Phil. Stick with it, there's light at the end of the tunnel and it's not an oncoming train for a change

hi reload,just received a letter from my local county court giving me a date for the amendment of my hearing. Is this normal?

 

It says that it is a general form of judgement or order.

 

before DISTRICT JUDGE HAIGH Sitting At county court,the law courts,Bolton,Lancs.

 

Without hearing

 

IT IS ORDERED THAT

 

The claimants application to amend the claim be listed for hearing on Monday 20th November 2006 @ 10.30am,to be heard at Bolton County court,with an estimated time of 15 minutes.

 

can you help at all with this or are you aware of a thread that i can read?

 

many thanks Phil.B

[GaryH]

Firstly, try sending SC&M this and also send a copy to the court.

 

Dear Sir/Madam,

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on xx/xx/xx.

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one-month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, in my previous attempts at dialogue with your client has been met with outright refusals to negotiate this matter, and on xx/xx/xx, I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its ‘final response’ and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your client’s charges could indeed be proved to be unlawful penalties, which you are trying to cloak as contractual service charges. For this reason, I will only settle for the amount of the claim, namely £xxxx.

 

In light of your indication of your intention to negotiate, I will await your communication informing me of how you wish to proceed. A copy of this letter will also be sent to the court.

 

Yours Sincerely

 

As for the amendment, you have made an application to amend your claim and the judge has decided that you will have a hearing to do so. Presumably you have already set out the amendments you wish to make on your N244 form so its just a case of re-iterateing that. I had an application hearing last week to lift a stay and its nothing at all to worry about. Make sure you call the judge sir and remember your manners and it'll be a piece of cake! You may wish to write a script or some prompts of what you wish to say, ie setting out the reasons for your application. Also, remember that small claims are not heard in a 'court' as you would imagion it, its more like an office. Its designed to be accesible to your average bloke (or woman!) in the street and is fairly informal.

[pbeales1]

Firstly, try sending SC&M this and also send a copy to the court.

 

 

 

As for the amendment, you have made an application to amend your claim and the judge has decided that you will have a hearing to do so. Presumably you have already set out the amendments you wish to make on your N244 form so its just a case of re-iterateing that. I had an application hearing last week to lift a stay and its nothing at all to worry about. Make sure you call the judge sir and remember your manners and it'll be a piece of cake! You may wish to write a script or some prompts of what you wish to say, ie setting out the reasons for your application. Also, remember that small claims are not heard in a 'court' as you would imagion it, its more like an office. Its designed to be accesible to your average bloke (or woman!) in the street and is fairly informal.

Ok cheers Gary. I have sent letter to s c & m and copied one to my local court.

Does the def have to be present at my hearing for my amendment. if not are they away that i am in court for it? should i let them know?

 

many thanks

 

Phil.B

[GaryH]

The court will have let them know. Yes, they are supposed to be there, but its highly likely they will send a letter saying they have no objections to your amendment and apologising for their non-attendance. The reason given will be "to attempt keep the costs of this matter to a minimum"

[russ205cti]

WOW! going to be tougher than i first thought this cliaming money back lark. I am going to try to claim £2984.50 in unpaid D/D, unpaid cheques and overdraft excess fees. I've highlighted ALL the O/DRAFT INTEREST charges amounting to £283.65 which i now belive i can't claim back. (unless its interest on my charges) does anyone suggest that i don't bother trying to work out what i can and what i can't claim and just go for the actually charges? Please help sum1! Also do i add up both accounts and just claim once?

[russ205cti]

Cheers Russ.

[GaryH]

Hi Russ,

 

Firstly, please start a thread of your own, so you can create a timeline where people can track your progress. You should find you'll get more help that way, too.

 

In answer to your question though, no, O/D interest is not all reclaimable - only the proportion that was levied on top of unlawful charges. You would have to work out the claimable part from the legitamate part, which is quite complicated, so yes, your probably better off leaving it out completely.

 

Yes, its fine to add both accounts together, so long as they are both bank accounts. If it were a credit card you would need to keep it seperate.

[pbeales1]

The court will have let them know. Yes, they are supposed to be there, but its highly likely they will send a letter saying they have no objections to your amendment and apologising for their non-attendance. The reason given will be "to attempt keep the costs of this matter to a minimum"

Hi gary and thanks again for your help.

Do you think that i would benefit from trying to make contact with sc & m by phone? I want to show the court that have tried to make comunication to settle. I will use Mr Thomas as my contact as i am sure that you have heard his name quoted a few times lol.

I will catch up with your thread shortly and see where your at!

 

Many thanks Gary for your time...Phil.B

[GaryH]

Yes, its definately worth a try. Ring them and say you are following up on your letter - ask if they have received it, and ask if they intend to attempt to come to a settlement since they indicated that was their intention on their A/Q. When ringing them, or when making any important phone call for that matter, write down a few prompts or headings to remind you of the main points of what you want to say. It is also a good idea to keep a record of what is said.

 

Let us know how you get on.

[pbeales1]

Yes, its definately worth a try. Ring them and say you are following up on your letter - ask if they have received it, and ask if they intend to attempt to come to a settlement since they indicated that was their intention on their A/Q. When ringing them, or when making any important phone call for that matter, write down a few prompts or headings to remind you of the main points of what you want to say. It is also a good idea to keep a record of what is said.

 

Let us know how you get on.

Phoned sc&m, asked to speak to Mr thomas.

Usual stuff - he is not available.

they use the normal comment about the central mailing unit.

I said that i would call back in 2 days time to speak to him again.

Gary are you our anyone else aware of a fax number to which i could use to comunicate.This could be used to avoid lenghthy delays.

 

many thanks Phil.B

[GaryH]

Yep, their fax is 01273 745356

[pbeales1]

ok cheers Gary. i will keep my thread up to date! As soon as i have more news i will post it.

 

Phil.B

[pbeales1]

Have faxed sc&m today! Made fax FAO Mr Thomas.

I will be ringing him after lunch today to try to speak to him.

Faxed a copy of letter that i posted recorded del on 27th Oct outlining the fact that i wish to settle....blah blah blah.lol.

 

Phil.B

[GaryH]

Good luck trying to get hold of him. He's quite elusive that Mr Thomas!

[pbeales1]

Phoned sc&m again today,asked to speak to Mr thomas.

Usual stuff - he is not available/engaged and very busy with all these claims...lol. asked if they have recieved my letter dated 27th Oct.

Mr Gary Allen said he could help and Pulled out "my file".

Yes we have received your letter dated 27th Oct (I also faxed a copy of this on 01/11/06 to make sure they got it, even though i sent letter recorded post)Asked him does Sc&m intend to attempt to come to a settlement,since they indicated that was there intention on their clients AQ. Answer we have asked for 28 days but not sure if court are aware. What the hell does that mean? Not sure if court are aware?.I will be ringing court today to progress this.

 

Phil.B

[JULIE MCEVOY]

Hi all, just received the final sorry no payment will be made letter from Llyods/TSB letter (totally expected) It also said if you are still not happy you are welcome to complain to financial ombudsman service and this is their final response!. So I am just about to post court action threat letter straight back to them (which I already had prepared). Has anyone else had this response?

[pbeales1]

Yes julie this is the banks usual response, well it is for Lloyds anyway!!

 

Phil.B.