Snevillio vs Lloyds TSB - Advice really needed

[Heropanda]

I am finally getting around to the latter stages of this process after reading and looking through the site for months now, but i am very concerned about a couple of specific things relating to a potential claim against lloyds.

 

If i start with what i have done so far then maybe that would help...

 

Preliminary letter sent in July

LBA sent in August

Updated LBS sent in October (to reflect new charges)

 

I am claiming for a touch over £2000 but i am concerned that my current account standing will make my case invalid... Essentially i am over my overdraft limit as we speak and about to get another £90 worth of fines and £10 of overdraft interest making me more overdrawn. My current limit is £675 and the balance is currently at -£875 and the account is with there collections team in brighton.

 

It doesn't help that in order to do the moneyclaim thing i have to use the card on this account so i will have to redirect a lot more money than i can really afford at the moment to get it under the overdraft limit by enough to pay for the moneyclaim service (i really want to do it over the net as opposed to the paper copy so getting updates is easier and doesn't need me to take time off) but i know that 5 days after i do this then they will apply the charges and ill be overdrawn again

 

So from this i have a couple of questions, is it possible to do this process if from their perspective you are over your overdraft and therefore in breach of the contract or do i need to somehow pay in enough that means that i will still be within the overdraft limit after the charges are applied?

 

Also because this has gone to collections team are they more likely to have an arguable claim around manual intervention? They phone me quite often (about every ten days) and while it makes me so incredibly frustrated would this all add to their defence of saying that this is why the charges are justified?

 

I'd really appreciate any advice that you could give, if i could get this amount of money back then it really would solve a hell of a lot of problems for me so i don't want to jeopardise anything about this potential case.

 

Thanks for reading.

Simon

[Stobbie]

I am over my overdraft limit and will be sending my court claim today. I am over the limit only because of the charges and interest they have imposed. I have had a few calls from the Collections Centre about this but, when I told them I am posting a claim to the court today, they said they won't ring or wite to me as this is not something the Collections Department deal with. Don't know if that is of any assistance.

[Heropanda]

As a long overdue update i finally launched the money claim online on Sunday so its currently sitting as issued on the service, how do i know when the 14 days start from will Issued change to Served?

 

Finally drummed up enough money to take them on so heres hoping that everything goes to plan, i've already spent the money in my mind (on paying off some debts) so yeah fingers crossed...

[BARTY]

Hi

Have you sent a copy of your schedule of charges to MCOL, if not, you should do the following:

 

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

 

 

 

And when they acknowledge your claim, send a copy of your schedule to SC&M (solicitors).

 

I think, from what I remember, you should get a letter in the post saying the claim has been served, and they have 14 days from that date to acknowledge, and 28 days to enter a defence.

 

Good luck with your claim, let us know how you get on.

Barty:)

[cherylluxton]

If it helps I continued with my claim whilst being hugely overdrawn. The account had been closed and passed to there collections team, who sent a few letters and then failed to contact me further for a good few months. After I made my claim they sent their defence but they did not argue manual intervention for the collection centre etc, just the usual defence stating the charges aren't penalties but 'service charges'. However they did issue a counterclaim with thier defence- for the overdarft money but as in your case, my overdraft was made up mostly of charges from them so I wasn't too worried. So far I have heard NOTHING from them and they haven't submitted thier court documents despite them being due on the 11th, I can't see how they plan to counterclaim but use no evidence?! I'm hoping to hear something from them before the 26th when im due in court. If I were you i'd just continue on with the claim and not worry about the overdraft, like you said it wouldn't be there if it wasn't for the (unlawful) charges anyway.

[Heropanda]

Barty - Yes i sent through two copies to moneyclaim and one through to lloyds detailing the exact charges and confirming that i had started the process on monday, guess i'll expect a letter through the door then!

 

Cherylluxton - Thanks that does help knowing that, i've actually entered a payment scheme with a range of debts (payplan) so the current overdraft has been reset to the balance and i've been paying off small monthly amounts but as you've said we're talking about a £940 overdraft at the moment and they've taken over £2000 in charges let alone interest so it shouldn't be an issue.

 

All in all then if things followed the general course would it be optimistic to expect that i would have this money in my account by the end of March?

[BARTY]

Hi

I don't honestly think you will have it by the end of March, but you never know, fingers crossed for you.

Barty:)

[Heropanda]

As a brief update the claim that was deemed as served on the 17th Feb has been acknowledged on 20th Feb.

 

By my calculations this gives them till the 19th March to take the next steps (28 days + the weekend that it falls on) so i guess ill be waiting till then!

[GuidoT]

Question your posted on this thread:

http://www.consumeractiongroup.co.uk/forum/post-580607.html

I sent the detail of charges to the court for logging with my claim and also to the bank as soon as the claim was filed, when do i actually formally know that i should send a copy to the solicitors and when do i get their address?

 

My claim has just been acknowledged as of yesterday...

 

You should receive an Acknowledgement of Service in 14 days from the date your claim and this sometimes includes details of the solicitors or your will know the details when you receive the defence.

 

Anyway if you want to send the schedule of charges now, then the address is:

Sechiari Clark & Mitchell

Department SO

PO Box 499

Upper Ground Floor

1 - 5 Queens Road Quandrant

Brighton

BN1 3XJ

 

Template letter:

 

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 faithfully

[Heropanda]

Just seen on moneyclaim that they have entered a defence with the court, guess i'll get a copy of the defence and the allocation questionaire sometime this week.

 

Am i right in thinking that they have responded quite quickly, by my records the full 28 days would have been up to 19th March and thats what i was counting on... ah well guess its good news

 

What is the typical deadline for responding to an allocation questionaire then?

[BARTY]

Hi

That was quite quick for them.

I think you usually have a couple of weeks to get your AQ back to the Court.

Here's a couple of links to help you with filling in it in:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

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

 

Barty:)

[Heropanda]

OK have just received the AQ and defence from Lloyds in the same package, completion date for 21st March.

 

Have been sent an N149, does this mean that i don't need to add the draft order text from the link?

 

Also somebody mentioned that this is a typical stage for Lloyds to settle, i'd prefer not to handover another £100 unless vital so should i just hold off and see if they pay up before the AQ deadline or are there any benefits to submitting promptly?

[dj59]

In my case they didnt pay up until a week before the court date. In my sons case last month they paid up the day before the court hearing was due. So you may have a while to wait yet.

[GuidoT]

OK have just received the AQ and defence from Lloyds in the same package, completion date for 21st March.

 

Have been sent an N149, does this mean that i don't need to add the draft order text from the link?

 

Also somebody mentioned that this is a typical stage for Lloyds to settle, i'd prefer not to handover another £100 unless vital so should i just hold off and see if they pay up before the AQ deadline or are there any benefits to submitting promptly?

 

Still add the draft order as the link in Barty's post 12.

 

Lloyds made me an offer around now with me, I would wait until the last day to file the AQ if the £100 fee is of concern. However, you should get he fee back from Lloyds.

[Heropanda]

thanks GuidoT thats good advice there! How recent was your whole case?

[GuidoT]

It is still pending, the offer they made me was not everything as I am claiming CI and pre 6 years, see here if you are interested:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb.html

[Heropanda]

Well i can quite gleefully say that £2,770 has appeared in my account today, not at home so can't confirm any kind of letter or associated terms and conditions but will update you when i know...

 

Spose i shouldn't touch it till i know so the donation will have to wait a couple of days...

[BARTY]

Congratulations!! :D

You probably won't get a settlement letter now, so enjoy your cash!

Barty:)

[Heropanda]

thanks barty!

 

What a fantastic day for loads of people on here, they seem to have really opened up the purse strings today don't they!