Worried now! Chrismayer Vs Lloyds

[chrismayer]

Hi

 

After following the steps carefully I finally took the plunge and submitted my claim to the small claims court.

 

The bank in question have acknowledged my request and want to defend the entirety of the claim. I was hoping they would settle or do nothing.

 

Am I right to assume that this will go all the way now? And do I need to send any documents to the bank's solicitors?

 

I know I will only lose the cost of the claim if I lose but I obviously don't want to.

 

What chances do I have?

 

Thanks

 

Chris

[Solowka]

it`s pretty much standard that they defend, its a stalling tactic to see if you cave in. have you recieved a AQ? and which bank is it you`re taking on?

[chrismayer]

I haven't received an AQ yet. The bank is Lloyds.

 

I thought most of the time they didn't defend becuase they don't want to set a precedent if they lose? Oh well, my mistake!

 

So should I wait for the AQ to come and go on from there?

 

I'll never cave in, just want the money before xmas!

[livelylad]

I haven't received an AQ yet. The bank is Lloyds.

 

I thought most of the time they didn't defend becuase they don't want to set a precedent if they lose? Oh well, my mistake!

 

So should I wait for the AQ to come and go on from there?

 

I'll never cave in, just want the money before xmas!

 

Ok dont panic, you are not going to lose. Its standard practice to say they will defend. Wait for the AQ if it arrives complete it and send it back. Follow the advice in the link here.

 

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

 

 

remember each claim is different some pay quick some take longfer the one common thing is that they all pay in the end. :D

[dave]

Have a read of the step-by-step guide, it explains the most likely outcome.

 

Which bank is it?

[chrismayer]

Hi and thanks.

 

So, when I got my AQ the 2 part of the defence said the following:

 

"The oarticualrs of the claim do not comply with the Civil Procedure Rules as they do not identify the account in question that apperas to form the subject matter of these proceedings or indeed show how the sum of £678.26 is arrived at and the particulars of the claim are too vague"

 

This worries me.

 

This is what I sent to the bank, in order.

 

A letter using the standard template from Which, stating my account number, the total amount charged over the last 6 years and that I wanted it back because I was a loyal customer.

 

After a rejection letter I replied with the second letter stating my account number, the reference to their reply and the amount I was claiming. It also said that I would take the matter to the smc if I was rejected for a second time where I would claim the total amount, interest and charges.

 

I then received my second rejection letter so I filed a claim with the court, using the templates from your site. I have not sent a schedule (list) of my charges to anyone as the claim form said I didn't need to. I thought that you sent the list of charges at this stage?

 

Have I done something wrong?

 

Thanks in advance

[bearo]

How did you file? Online or through your local county court?

[chrismayer]

I filed online, through the money claim website

[chrismayer]

Hi

 

Sorry to be a pain but I am very worried now about what I should do.

 

I filed my claim online and followed the template supplied. I think that where I made the mistake is that I have not sent the schedule of charges to the bank. However, I thought that this was not necessary until the AQ stage. Was I wrong? Again, here is the part of the AQ that worries me:

 

"The Particulars of the claim do not comply with the Civil Procedures Rules as they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £628.26 is arrived at and the Particulars of the claim are too vague."

"The claimant should, therefore, be ordered to file and serve an amended claim to set out the basis in law and fact for his claim as there is no real pleaded basis for the claim itself. The claimant should give full particulars of the Bank account and the charges he is seeking to recover, identifying each charge, the date and the amount of the charge and why the claimant in each case he alleges it is a disaproportionate penalty and thus unlawful."

"The defendant should then be given the opportunity to defend the proceedings further"

 

1. What have I done wrong?

2. What should I do now?

 

I have had the AQ for 5 days

 

Please help. I've come too far to give up now but don't want any more mistakes.

 

Thanks in advance.

[bearo]

Yes you should have send a schedule of charges to both the bank and to MCOL asking them to attach it to your claim as there was no facility to do so online, this is what they are referring to, that you have not supplied any details to show how you came to the figure you are claiming for (although we all know they have had 2 letters with schedule thus far)

 

So my recommendation is you do the following ASAP.....

 

Get together an updated schedule, write a covering letter to MCOL asking them to attach it to your claim as there was no facility online to do so, you will also need to post one to your bank explaining you have issued a claim via MCOL and you are sending this schedule as you have done to MCOL also which shows the schedule of charges and which forms a basis for your claim etc...word it how you like ensure though that you put your claim number, account number etc on each letter and schedule, Get them in the post today....then post your AQ as you intended to, also for a safety net also include a schedule with your AQ...not necessary usually but an idea for this one.....

 

Hopefully that will ensure that everything is straightened out......hope that helps.

[chrismayer]

Hi

 

Thanks ever so much for the advice. I feel like a total idiot but I hope that this resolves the situation.

 

Just to clarify:

 

You say I need to send my schedule to MCOL. It says on my letter all communication should be sent to the court manager at the Birmingham County court. Which should I send it to?

 

When you say send a copy to my bank, should I send it to the generic address or to the solicitors (Sechiari Clark and Mitchell) who are dealing with my case?

 

Sorry to be a pain, just want to get this exactly right!

 

Thanks again...

[bearo]

Ah so it has been transferred to Birmingham? In that case, this is what I would do...send one to Birmingham, one to MCOL (in case it is still somewhere in their system) and one to the solictors quoting your claim number, make sure you get proof of posting too!! (free at po)

[chrismayer]

Hi

 

Thanks again. Here are the letters I have drafted. Are they OK?

 

Solicitors:

Re: Default charges on claim number ########

Dear Sir/Madam

I have recently made a claim through Money Claim Online. Please find attached the schedule of charges I am claiming back against claim number ########. I have also sent this schedule to Money Claim Online and the Court Manager. This schedule outlines the basis for my claim.

My details are

Claim Number ########

Sort Code: ########

Account Number: #########

Yours faithfully

The court Manager:

Re: Default charges on claim number ########

To The Court Manger

I have recently made a claim against my bank via Money Claim Online. Please find attached the schedule of charges I am claiming back against claim number #########. I have also sent a schedule of charges to Money Claim Online and my bank, Lloyds TSB.

My details are

Claim Number ########

Sort Code: ########

Account Number: #########

Yours faithfully

MCOL:

 

Re: Default charges on claim number ########

To Money Claim Online

I have recently made a claim against my bank via Money Claim Online. Please find attached the schedule of charges I am claiming back against claim number ######## as there was no facility to do so online.

My details are

Claim Number ########

Sort Code: ########

Account Number: #########

If these are ok I will send them in the post.

[chrismayer]

Hello there!

 

Onwards goes the saga!

 

After recieving my AQ as described in my previous posts I very quickly sent my Schedule of charges of to the bank, the solicitors and the court manager. I sent the schedule to the solicitors by recorded delivery just to be safe. I am now hopeful that my balls up is fixed!

 

I have now recieved a copy of the solicitors AQ and there are two things that I am curious about.

 

1. They have ticked 'yes' to the option of wanting more time to come to an agreement outside of court. And that they can't make any date in November. Should I read anything into this?

 

2. They have asked me for a copy of my AQ. I haven't taken a copy and sent it to the court. What should I do?

 

 

Many Thanks yet again

[GaryH]

Hi Chris.

 

They tick the month for settlement box on all the AQ's, its just a delaying tactic. It does give you an oppertunity to make contact with them though, to ask what their proposals are for settleing since they've asked for a stay to negotiate. Use my letter if you like, and make sure you also send a copy to the court. Here it is - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/12728-rinch05-lloyds-4.html#post369418

 

Don't worry about not sending them a copy of your AQ, you're not obliged to. Just include the sentance in the first paragraph of the letter.

[chrismayer]

Thanks ever so much for the advice. I will send them the letter you have recommended.

 

Just one last quick question, when it comes to the amount I am demanding, with the interest it changes daily, should I recalculate and claim that, or should it be the amount on the schedule I sent them? Or. should I only put the amount they charged (£545) and not include the interest?

 

Thanks again

[GaryH]

Use the total charges + interest + fee as "the total amount of the claim, namely £***" then add something like, "plus interest accrued since the date of issue, which is £**.**"

[chrismayer]

Thanks Gary, you're a legend

[laurend]

hello, lloyds sent me exactly the same defence - how did you get on with this in the end? im panicking now!

[GaryH]

Laurand,

 

See this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-lloyds-defence-claim-vague.html.

[avlasc]

This could be an example of rushing in without reading the threads on here and the FAQ's - I know this whole thing isnt easy - but if its done in a structured way double checking every time - you will win in the end .. its working for me so far .. and if I can do it so can everyone else ... My thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/22146-ken-jones-lloyds.html Good luck ...

[chrismayer]

Hiya

 

After getting advice from the good people here I very, very quickly sent a copy of my schedule of charges to my bank, the court and the solicitors. I explained in the letter to the court that I was sending it now becuase there was no way of sending it with the original application. The letter to the solicitors stated that these were the charges that were the basis for my claim.

 

I then recieved a copy of their AQ asking for a months delay.

 

I am still worried that I have shot myself in the foot by not sending the schedule of charges before. However, we will wait and see. I will update you with any news...

[mattpoole21]

Hi Chris,

 

Just discovered your thread. I think we are both on a similar timescale and at the same Court! I will watch your thread with interest. Mine's Matt Poole vs Lloyds TSB.

 

I submitted my AQ last Monday the 13th and received a Copy of Lloyds the same day, asking the same as you for an extra month and not available during November. Gary H was wicked and gave me a letter to send to SCM to ask them to settle, so I am just waiting now.

 

I phoned B'ham Court this morning and basically it takes 7 to 10 days for the judge to review our AQ's then we should get a letter telling us of the next steps. I haven't seen any other threads from B'ham so don't have any idea how long we will have to wait for court dates! oh well - keep in touch and let me know how you get on.

 

Cheers Matt

[chrismayer]

Hi Matt

 

Thanks for the post, lets hope we both get the right outcome! I will certainly keep you updated of anything they send and if you can do the same that would be great. I will have alook at your thread tonight.

 

Take care and good luck.

 

Chris

[Diane Harris]

Hi, just been reading through your posts and I have had exactly the same problem as you with Lloyds defense saying that the account was not identified and particulars of claim not properly stated etc. Even though I had previously supplied 2 copies of the schedule of charges to the Bank and had been communicating with the bank for 2 months prior to lodging MCOL, so they obviously knew the account details to which the claim related, even though I missed the account no. off the MCOL form.

 

I have now sent in the Allocation Questionaire with another copy of the schedule of charges to the court, also sent another copy of AQ to Sachiari and Clark Solicitors along with schedule of charges. Just waiting anxiously now!! Dont worry there are a lot of us in the same boat, making the same small slip ups. Its quite nerve racking!! I have spent hours and hours trawling around this site for info. of which there is everything you need to know but it sometimes takes ages to find it again. Keep going and good luck.