**ANOTHER** Lloyds TSB **WINNER!**

[nearlythere]

Hi. After reading your site for the last few months regarding various issues decide to take some action regarding Lloyds TSB and charges. Sent a letter in asking for breakdown of charges over last 6 years (received) and subsequently asked for repayment of charges.

Have received back from them what looks like a standard response saying they'll respond again within two weeks to my complaint etc.

Have now drafted the 'letter before action' asking for the £2667 they have taken from me. Is it best to address the letter to the person who has previously responded to me or not? Do I have to take into account weekends when stating the 14 day response time?

Thanks.

[Smelliellie]

Hi there - If you have the name of a real person rather than just a department I would continue correspondance with them. Be sure to keep copies of whatever you send anyway. It would be forwarded to the right person if the address you used wasn't right.

As far as I understand you don't count weekends - its days to reply, not working days. Remember you're in charge here, not them

[bearo]

Hi there, Ellie was correct in all she said, the only thing I would like to add is please make sure that you have sent your schedule of charges with your letters! (I am assuming you havent as you didnt put that in your post but you probably have so apologies if you have done so! )

[nearlythere]

Yes, posted schedule of charges with original letter. Have today received a 'final response' letter from them so I have posted off my 'LBA' with another copy of my schedule of charges and giving them a further 14 days. I now wait the 14 days and see what happens?

 

Thanks.

[nearlythere]

Hi. Its now been 14 days since I sent my LBA to LLoyds Tsb in Birmingham and have had no response to this. Have now done the spreadsheet claiming the 8% interest and its added a further £900 to an amount that was £2600. Does this sound about right? I am claiming from August 2000 up until now.

Thanks.

[alexifa]

Sounds right. Mine was £450 on £3000 but over 2 and a half years.

[nearlythere]

Thats ok then. Just seemed a bit on the 'high' side.

Thanks

[nearlythere]

Hi. Have started to complete the MCOL with the 8% interest added. Do I need to send the bank a further copy of the revised spreadsheet showing how the amount claimed is made up or will they see from the money claim form that 8% interest has been added? My original requests for £2669 over the last six years and with the interest it has increased by nearly £800. Have sent the informal request for repayment and the letter before action over the last 4-5 weeks with no obvious favourable reply.

Thanks.

[Michael Browne]

Once you file send 2 copies to MCOL clearly marked with your claim no. + brief covering letter.

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

[nearlythere]

Do you mean send two copies in addition to the online claim?

[bearo]

THREADS MERGED (3)... PLEASE KEEP TO ONE THREAD PER CLAIM THANKS!

[Michael Browne]

Do you mean send two copies in addition to the online claim?

 

If you've used the template POC, it mentions that you are submitting copies of the schedule of chrages.

[nearlythere]

Hi. Have nearly completed the MCOL form just waiting to pay the £120. Due to the time of the year, christmas/new year etc, is it worth waiting until the new year or proceeding now?

Thanks

[nearlythere]

Hi. Have completed the MCOL form but just wandered about the wording in the particulars of claim. Have quoted account number, date opened, amount in dispute including statutory interest and briefly stating that the charges are unfair etc. and that they relate to excess fees, letters, unauthorised o/d etc. Is there any 'legal speak' that I need to include in the particulars of claim. Dont want to have it knocked back because of how unclear or vague it is, like some others have.

Thanks.

[Deller]

The correct particulars when filing through MCOL are as follows:-

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

[GaryH]

Heres a cover to send your schedule (2 copies);

 

(YOUR ADDRESS)

 

 

 

The Court Manager

Money Claim Online

Northampton County Court

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

(DATE)

 

Dear Sir/Madam

 

(YOU) –v- (BANK)

Claim No: ********

 

I have today requested the issue of a County Court claim via the Moneyclaim online service, details as above.

 

Please find enclosed a schedule of the money taken from me by the defendant bank by way of charges, 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 with the particulars of my claim.

 

 

Yours Faithfully

 

(YOU)

 

 

If you use the correct POC as posted above and send the schedule to MCOL you should'nt get the "too vague" defence. Even if you did, it would'nt carry any weight.

[nearlythere]

Thanks to both of you. Is it better to use MCOL or get an N1 form from the court? I suppose with the paper claim form I can attach all of necessary schedules etc at that time?

[GaryH]

N1 is better yes. You've got as much room as you need for more elaberate POC and you can attach the schedule there and then. That said, MCOL is acceptable providing you follow the above criteria.

[nearlythere]

Thanks once again.

[Deller]

Like Gary has stated the N1 allows you elaborate your POC, which in my view is better in the long run.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[nearlythere]

I know that there is a six year limit as to when you can claim from but I started my claim in September, therefore claiming from September 2000. Since then I have had 2 or 3 charges put on in October and November of this year. When completing my N1 form and submitting my schedule of charges do I have to amend the claim dates - from September 2000 to September 2006, changed to December 2000 to December 2006 as this is when I will be submitting my claim through the courts.

Thanks.

[Michael Browne]

No the 6 years go from the start of your claim, so include them all. Lloyds may baulk come settlement, but you just have to stick to your guns.

[nearlythere]

Not been on the site for a while. Have isued court papers to Lloyds on the 16th February, deemed as served on the 21st February. They now have until 7th March to respond. Quick question, will they respond to the court as well as me by that date and is it as cut and dry that if they dont respond by then then I can enter judgement against them? Do they allow a little bit of leeway or not? Just wandering because of the wording on the court papers saying that if I haven't heard anything than I have a couple of tick boxes on the Notice of Issue. (request for judgement section)

[Sharon Hawthorne]

I'm confused/panicking received counter claim from Lloyds and have decided to file allocation questionnaire with court. Went to CAB have also been advised to make sure I make one last contact with the Financial ombudsman before sending in questionnaire. what do I do? Lloyds did credit my account with £750 as a "goodwill gesture" etc I refused verbally but it went into my account anyway with the understanding that if I go to court then they would ask the judge to take this amount into consideration if I took it further. Amount claimed is more than £4k. Have until 2moro to file as deadline is 4.3.07

[BARTY]

Not been on the site for a while. Have isued court papers to Lloyds on the 16th February, deemed as served on the 21st February. They now have until 7th March to respond. Quick question, will they respond to the court as well as me by that date and is it as cut and dry that if they dont respond by then then I can enter judgement against them? Do they allow a little bit of leeway or not? Just wandering because of the wording on the court papers saying that if I haven't heard anything than I have a couple of tick boxes on the Notice of Issue. (request for judgement section)

 

Hi

They will respond to the Court, the Court will let you know. It is unlikely that they won't acknowledge, and the Court does usually give them quite a bit of leeway.

Good luck, let us know how you get on.

Barty:)