cindytc.v. lloydstsb ***WON***

[cindytc]

almost ready to file for court using mcol only one thing i need to ask the breakdown of charges do i send a new one including the intrest at this stage to lloyds and the courts please help i am nervous

[GaryH]

Don't panic! Make sure you use the correct MCOL template from the templates library, then send 2 copies of your schedule of charges to the court. Heres a cover letter -

 

(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)

and yes, you do include the 8% interest at this stage.

[cindytc]

had a letter from lloyds 2day offering me a good will gesture of £750.00 just checking that i send them a letter stating that i will accept this but only as part payment and that i will continue with court proceedings

should i refrain from spending any of this money

i have not started with mcol yet with christmas you know what its like i jest didnt have the money to pay the court fees

[GaryH]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

So long as you send that, its fine to take the £750.

[cindytc]

as soon as its in my account i can pay my court fees yipee:)

[cindytc]

Please Help Do I Take Away The £750. Already Recieved From My Total Charges Before I Send It To Court

[cindytc]

please help do i take the £750 off before 8%interest or after

[GaryH]

If you want to make it simple take the most recent charges off up to the value of £750 and you'll have to take the interest off of those charges too.

 

What you could do though if you wanted to still claim all the interest, is divide 750 by the number of charges that you have. This will give you a figure which you can then subtract from each charge.

 

That way the £750 is deducted as a proportion of each charge, rather than as whole charges.

 

You could then still claim all the 8% interest on the total before the £750 refund up untill the date you received it. Thereafter you would calculate your daily rate from the new total after the refund.

[cindytc]

I Have Now Sent Mcol And Got My Case No I Have Printed My Schedule Of Charges I Send Them To Court Now For Them To Put In My Case File Dont I Do I Need To Send Anything To Lloyds Or Just Wait I Dont Think I Could Be Doing This Without All Your Help Thanks

[Michael Browne]

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 sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[cindytc]

done that i just wait now and prepair my case

[cindytc]

i m now prepering my court bundle what do i put in for the section correspondence is it names addresses case no etc also the section for statemens do i copy the print out lloyds sent me as i have not got six years statements

[GuidoT]

Cindytc, you are keen preparing your trial bundle already, the next stage for you should be Allocation Questionnaires (after you receive the defence).

 

I recommend to speed things up that you complete the AQ as per the new strategy below, I did but do not know the outcome as yet.

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

I am sure someone will advise you on the bundle points, I have not got that far yet.

 

Stay with it.

[GaryH]

As Guido said, your next stage is receiving their defence and with it an AQ.

 

Although it pays to be prepared, you won't need the bundle for quite a while, so I would'nt start printing anything of just yet.

[cindytc]

Thank You Both Had My First Letter From Court This Mourning My Claim Was Sent To Lloyds And Will Be Deemed Served On 20th Jan Lloyds Have Till 3rd Feb To Reply Thanks Again For Your Support I Could Not Do This Without You

[cindytc]

THANKS for all your support i would not be doing this if it wasnt for u lot. i recived conformation from the court this mourning so i must have done my mcol ok then:) . served on 20th jan lloyds got untill 3rd feb to file a defence thanks again u lot r gr8:grin:

[cindytc]

do i use the templates for new strategy for aq with form n149 or do i stick with the orriginal ones please advise me

[GuidoT]

I prefer to use the electronic versions on this site as you can type them. You can complete in manuscript if your prefer.

 

Complete as my post 38.

[cindytc]

so i use the new revised aq including the draft order is that correct

[GuidoT]

The AQ is not revised as such, but there is a new strategy for completing section G, providing you have form N149. Have a good read of the threads I have linked in post 38 and all should become clear. If you cannot follow them today, the re-read tomorrow and then post up any specific questions.

[cindytc]

yes i did read it all and i all ready had this prepaired i was just checking i was doing it correct in section g i put that i would like to propose the attatched draft be used and send them the proposed draft to be refferd to and used at the courts descretion

[cindytc]

sorry if i am being a pain in the neck just trying to be carefull

[Michael Browne]

SECTION G :

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

[GuidoT]

This is good for section G:

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

- In the event that the Defendant’s charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.'

[GaryH]

Hmmmm.... I'm sure I can spot a few spelling mistakes in there...