vastrik v Lloyds TSB ***WON***

[vastrik]

Hi to all. So far, I have sent my LBA to Lloyds and got a standard reply back saying sorry you are not happy and this is our final letter bla bal bla. I'm going to wait until Wednesday, by which point 14 days will be up, and then I will file a claim through moneyclaim website. I'm getting a bit nervous now, as they are so big and I am so small.

Will keep you guys posted on the developments.

[bearo]

No need to be nervous, there are people all around you who have been there and got their money, and some going through the same stage as you right now, me personally i filed small claims last week and got a letter from court saying they intend to defend, chances are so will you, keep us updated, double check everything on mcol before you submit it - mistakes are costly!!!

Sharon

[vastrik]

Thanks Sharon. I'm going to file my claim tomorrow. We shall see what happens then. Good luck with yours!

[vastrik]

I need some help now please. I'm trying to complete the calim on Moneyclaim webpage. Could somebody please help with the following: -

 

1. Particulars of claim. Wahta do you normally put in there?

Also, if i'm claiming back the interester then what is the daily rate? I can calculate the 8% thanks to the great spreadsheet on this site, but then i am also asked for the daily rate.

 

and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of {enter the daily

rate of interest}.

 

I'm really getting scared now.

 

Thanks in advance.

 

Vastrik

[vastrik]

After I’ve stopped panicking and calmed down, I read Chris v Lloyds TSB and got an answer to my question. Thanks Chris x.

I have now successfully filed my claim on the moneyclaim website and am waiting to see what will happen next. I have never done anything like this before and feel very nervous about the whole process. It is encouraging to read other people’s accounts on this web page, makes me feel a bit more hopeful.

I will keep you posted as to the developments.

Vastrik

[vastrik]

I think i made a mistake when submiting claim on moneyclaim website. I think i put the wrong "daily rate of interest" at the end of particulars. What will happen now? Lloyds Solicitors will probably have a field day now, thinking that i am really stupid and don't know what i'm doing. (they are not rong there, in this case) I'm quite scared now! Panic, panic, panic...

[vastrik]

Just chekced moneyclaim webpage and my claim has been acknowledged. I suppose they have 28 days from today to file their defence. judging by what i have read on this site, i'll be receiving AQ next. Is that correct? i don't need to do anything else in the meen time, is that right?

 

vastrik

[vastrik]

I have received an acknowledgement of claim by post from Northampton County Court. I can see that Lloyds Solicitors are SC&M. From what i have read on this site, i can assume that lots of people had to deal with them and elusive Mr Thomas ) SC&M have acknowledged the claim on 18th October. I guess they have 28 days from that date to file their defence.

[vastrik]

Hi all!

 

i've just received Lloyds defence and AQ in the post. I have to submit it to court by 2nd December. Could somebody please help me with the following:

 

1. Do i understand this correctly? If my claim is under £1500 i don't have to pay £100 fee for submitting AQ.

 

2. When will i receive a copy of Lloyds AQ? is it after i submit my own?

 

Thank you in advance for your help.

[BARTY]

Hi

Yes no fees if under £1500. You will receive a copy of their AQ shortly. If you send a copy of yours to SC&M as they will ask you for a copy when they send you their AQ. Hope that hasn't confused you!

Good luck!

Barty

[vastrik]

Thanks Barty. I feel a bit nervous now. I hope i won't actually have to go to court.

 

i'll keep everyone posted re my progress.

[vastrik]

I have one more question.

 

I didn't submit the scedule of charges with my Moneyclaim form. I have, however, sent it to Lloyds on 2 previous occasions. Is it possible to send a copy of sceduel of charges to the court with AQ? Do i have to write something specific is section G of AQ?

 

Many thanks in advance.

[BARTY]

Hi,

I found this on another thread:

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours Faithfully

Hope that helps!

Barty

 

 

 

[vastrik]

I have completed my AQ with help form this site. Thanks everyone. I will send it to court and Lloyds Solicitors by recorded mail later today.

 

I have one question though. Both court address and solicitors address have PO Box number. Can you send recorded mail to Po Box address? i think i heard somewhere tha tyou can't.

 

In any case, i will keep you all posted as to my progress.

 

vastrik x

[GaryH]

Yes, you can send recorded to a PO Box.

 

What was your defence? Did it accuse the claim of being "too vague, embaressing", etc? If so, have a read of this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-lloyds-defence-claim-vague.html

[vastrik]

Thanks Gary. Yes, my defence said it was too vague, didn't say it was embaressing though. They thought i should amend my claim. I've used the guide lines from some other thread with similar defence line. I have slightly adapted the text you recomend to reflect my circumstances.

 

i don't think i need to amend my claim. I didn't put my account number into the particulars of claim, nor did i submit schedule of charges to the Northamptonshire court. I have provided Lloyds with the schedule of charges on two previous occasions. However, i did make reference to common law and other appropriate Acts. I have attached a copy of schedule of charges to my AQ for the court and sent a copy of both AQ and schedule to Lloyds' solicitors. i hope that will be enough. Do you think i need to amend my claim?

[GaryH]

No, probably not. Not if you've sent the schedule with the AQ and also to Lloyds solicitors. As I said in the other thread, its predominantly an attempt to put you off, although strictly speaking you are supposed to particularise the amount you are claiming. Obviously you can't on MCOL though, becouse there is no room! Personally, I don't think much of MCOL, I prefer to file in person.

[vastrik]

No the scary part. I have just received a copy of Lloyds AQ, and guess what? they've ticked No in section A. I haven't seen any cmments about that on this forum. Does this meane that they don't want to settle with me, but rather see me in court?

 

What shall i do next? Wait for the court date or should i write something to Lloyds solicitors? Please advise.

 

Very worried Vastrik now.

[BARTY]

Hi

Don't be worried, this seems to be the latest thing, I've read about it in the last few days, them ticking no in section A. They won't go to Court.

Have you sent a copy of your AQ to SCM?

Barty:)

[vastrik]

Hi Barty,

 

thanks for the encouragment. I did send them a copy of my AQ together with a copy of the schedule of charges. I've sent it recorded mail, so i know for sure that they have received it.

 

Knowing my luck when it comes to money, i wouldn't be surprised if i did end up in court with them. Hopefully not though. I'm still very worried now. probably will be until this issue is resolved one way or the other.

 

Do you think i should sit tight and wait for the court date to be appointed? or should i contact SCM?

 

Vastrik

[BARTY]

Hi again,

It's entirely up to you, personally I never phoned them at all, but others on here have phoned and got somewhere.

Barty:)

[vastrik]

Hi everyone & Happy New Year!

 

I'm getting a bit worried now. i still haven't received a court date from Leicester court. In there AQ Lloyds stated that they are not awailable throughout December. should i just ring the court and find out why such a delay with the date allocation? or should i just sit and wait?

[BARTY]

Hi and Happy New Year!

I would give the Court a ring, I have always found them very helpful.

Let us know what they say.

Barty:)

[vastrik]

Right then. i've telephoned Leicester Court and was advised that the date has not been allocated yet !? I was told to wait until the middle of the next week and then give them another call if i haven't heard anything by then.

 

i don't understand why such a delay? AQ was sent back at the end of December. I sent it by recorded mail, so i know that it was received both in Court and at SC&M. i have also checked over the phone today that they court had my AQ there.

 

i wonder if anybody else, who is dealing with Leicester Court, has been waiting for teh date for so long?

 

i'm a bit anxious, as i don't have much luck when it comes to money matters. i don't want to be the first one to actually go to court. Fingers crossed, i won't have to.

[vastrik]

I meant to say, that AQ was sent back at the end of November. Sorry.:o