binkhus- u will not believe this!!!

[binkhus]

well i sent off all my forms to the court yesterday and im expecting a judge to rule inmy favour because lloyds didnt even reply or file a defence.... so logged onto my internet account bit this morning and they have taken another £35 for a returned direct debit!!!!!

do i have to start the whole thing again now with a LBA etc or should i wait untill i have the courts decision then phone them up and kick up a fuss? im so mad i know £35 is not very much in the scale of what iv just claimed back ... but its mine and i want it back lol

any advise please.

[lucid]

Unfortunately I can believe it.

 

I think it would be best to wait until your claim is completed and then send them an adapted prelim letter pointing out that they have just (hopefully) refunded your charges so you would like them to refund this new charge. Make sure you don't agree to any conditions that state that this will be the last time you ask for your charges back.

 

Lucid

[reload]

Hi Binkhus,

 

You say you sent the forms yesterday...? Lloyds have 14 days from the Notification of Service (IE: When the court deems the claim is 'served' on them) to Acknowledge the claim, and assuming they do so they then have a further 14 days to file a defense.

 

As is usually the case with Lloyds, they will drag the process out as long as possible. Even if you file for judgement, it may be they apply to have the judgement set aside and the case could proceed as normal. Not necessarily the case, but it's a possibility.

 

Guessing from what you say though - you returned your Allocation Questionnaire/filed for judgement, and Lloyds haven't filed a defense?

[binkhus]

they had untill the 29th to file a defence and they didnt even reply. so filled in the the form to ask for a judgement and posted it yesterday.

i just got off the phone with lloyds, the returned direct debit was from aug (paypal payment went wrong!) and should have come out in september . i could have added it onto this claim if it had. the lady on the phone sounded as confused as i was and said that it must have been because the charge was returned on the 2nd and anything after the second of the month goes onto the month after nexts statment? never heard of this but ok.

she ended the call by asking me if lloyds could save me money on my home insurance! ha ha ha i told her no thank you lloyds have only ever cost me money!

never mind i can see a new claim on the horizon.

[binkhus]

hi , i got the acknowledgement back a bit ago giving them 28 days from the 21st sept to file a defence.

what do i do now? i didnt get any forms to fill in and the time is up now so im assuming i have won by default?

[lucid]

Hi binkhus,

 

I wouldn't assume anything if I were you. For each of our sole accounts we hadn't received a defence so 4days after the 28 day deadline we filed the default judgement in court - and then had it returned because lloyds had filed a defence, which we hadn't received.

 

I guess the best thing for you to do would be to contact the court with your claim details to see if they have any information about the bank's defence, or if they will let you go along and fill out a default judgement form.

 

Lucid

[Dappa44]

Mate thats nothing, the swines have taken over £250 in charges from me since i started my claim.

[binkhus]

right i have recieved their defence today! do i contact on of the mods with the details?

i must admit im feeling a bit nervous at the thought of going to court. i thought their defence would be something about me not listing the charges but its basically a list of terms and aggrements that i signed when i joined the bank, you know stuff like to keep my account in balance and they say that the charges are not unfair.

any advise would be great

[lucid]

Hi binkhus,

 

Don't worry - it sounds like their standard defence to me. In our thread with got our defence posted here so you can compare if you want. I don't think you need to conact the mods with any details.

 

Take your time to prepare your case - just in case you do end up in court.

 

Good luck. Lucid

[binkhus]

right i recieved a letter today from judge hickinbottom. it says:

before the claim listed for hearing, the judge has ordered that a preliminary hearing should take place because:

special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

 

it set for 8 dec and is expected to last 10 mins.

is this normal? what should i expect?

thanx