DLC -Lloydstsb

[GaryH]

How do you mean, two seperate accounts? If the claim is actually for charges levied on two seperate accounts then yes, you can submit them seperately, and should, if its say a Ccard and current a/c. If the charges have been levied to one account then no, you can't just split it. To be honest though I fail to see how this would save you money anyway.

 

No, magistrates courts only deal with criminal matters, its the County Court you need - http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

[N_R]

Letter before action put in todays post.

[MortgageMan]

N R

I have been chasing Lloyds ref charges on my business accounts, I have serveral accounts so I have delt with them one at a time. I also have an overdraft so I was concerned that they would close my account. I sent the personal letters and entered the defence as if it was a personal account unti I realised it should have been altered. I thought I was in for a court fight no court date issused yet. So to my surpaise I received a letter saying they were going to refund £4k plus into my account. So keeping going and hopefully Lloyds will refund yours . I am now waiting for my second action with them to settle

Mortgage Man

[N_R]

Received yesterday (18/11/06) basically the same letter as last time, but from a different department, 'Andover Service Recovery Centre'. Anyone any idea what this lot do, just the 'recovery' bit in there title makes me nervous?

I sent the LBA the previous Birmingham address, should I also send it to the Andover address as well, or assume that LTSB can communicate between themselves, after all, if they can't it's not my fault, I only sent it where they asked me to send it.

In two weeks it gets escalated to court action. Which is the best route to go down, the on-line service or file it at county court?

[MortgageMan]

NR

I would just carry on they will have all your info. Just keep your nerve, I issused in the county court but a lot of people issuse on line I dont think it matters, The result will be the same you will win

Mortgage Man

[GaryH]

No, don't send another LBA. Does'nt matter where the reply came from, you sent it, thats the important thing. The Birmingham address is also the 'Customer Service Recovery Centre' so it must be a different branch of the same department.

 

I always advise people to file direct at the court. Space is'nt an issue for adequate particularisation like it is online, and you can attach your schedule. If you do file online, be sure to send a schedule of charges by post as soon as you've issued the claim.

[N_R]

Well... after checking the Royal Mail webiste and entering my track and trace number a few times this week, I rang them today. You think the wifey from Royal Mail was reading a script, blah blah blah....it may take upto fifteen days to be delivered first class as it's not guarenteed......blah blah blah, it may have been deliverd and not signed for blah blah blah.

 

Anyway.... the upshot is I sent my LBA on the 17th of November to the Birmingham address as reqested to do so by LTSB. I don't know one week later if it has been delivered. I haven't received a 'dear john' letter to say they have it.

 

Should I send another copy tomorrow, giving them a further 2 weeks from the 25th? I could ring them but really don't want to enter into any dialogue with them about it.

[BARTY]

Hi

Personally I wouldn't bother sending them another one, I would start the Court claim as soon as the 14 days are up.

Good luck!

Barty:)

[MortgageMan]

NR

Beware I received a letter today giving me notice that they intend to close all my accounts and I have good balances in them, So get other accounts ready

Mortgage Man

[N_R]

NR

Beware I received a letter today giving me notice that they intend to close all my accounts and I have good balances in them, So get other accounts ready

Mortgage Man

 

 

Thanks, I do intend to move my accounts anyway. Maybe it'll be the prod i need to do it. Trouble is, who does do a good business banking service.

[N_R]

Received a letter this morning saying they are not going to uphold my complaint. Looks prety much like a standard letter, saying they will not enter into anymore correspondance over it, and if I want to take it further will have to take it up with the ombudsman. Also says they do not agree with the OFT ruling, and they publish their charges and after legal advice they beleive that their charges are not default charges.

[GaryH]

Yeah its all standard. Proceed as per your timescale. The 'service charge' arguement sounds good but when you scratch the surface its easy to see that it would'nt stand up in court. Heres why not - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177.

[photoman]

Just started my own thread, as about to start my own action. Ant help or advice from you kind experienced people would be much appreciated.

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49379-photoman-lloyds-business.html

[N_R]

Received in this morning’s post another ‘dear john’ letter worded exactly the one that was previously received in reply to my first letter. So I assume that the LBA letter sent to Birmingham has worked its way to Andover, and that’s what today’s letter is in response to.

Anyway… as of yesterday their 2 weeks from the LBA letter is up. I will do the N1 over the weekend for filing at one of the county courts locally.

Just need to know. What address do I use for the N1 for the bank?

As this is a business claim, are their any variations for the form that I should be aware of?

[GaryH]

The registered office is best, 25 Gresham St.

 

I think you need to use particulars which are amended to remove reference to the UTCCR's and UCTA, as these are consumer regulations. In its place, you could elaberate on the common law basis of the claim if you wanted to.

[N_R]

I'm struggling to fill in my N1 for for a business account. Don't know what to remove or add!!

 

HELP!!

[GaryH]

IN THE ANYWHERE COUNTY COURT

 

BETWEEN

 

JOE BLOGGS CLAIMANT

 

And

 

GRABBBIT BANK LTD DEFENDANT

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the common law. The precidant for the law relating to contractual penalties was set in the case of Dunlop Pneumatic Tyre Co Ltd v New Garage Moter Co Ltd (1915) AC 79. Additionally, in the case of Murray v Leisureplay (2005) EWCA Civ 963 it was held that a contractual party may only recover damages in respect of its actual loss or liquidated losses.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

 

Thats what I'd put anyway.

[N_R]

Thanks, you should be on commission

One last dim question. What do I put in the brief details and claim, and value? I feel as though I know what it should be, but just want it to be right.

[GaryH]

Not dim at all, we've all asked those questions at some point.

 

Brief details;

The Claimant claims the return of money taken by the Defendant bank in the form of penalty charges levied to the Claimants bank account, plus interest at the statutory rate.

 

Value;

Charges £***

Interest £***

 

Its also worth noting that your/your companies name should be followed by Ltd, or if not Firm, or sole trader, whichever applies. Simularly, Lloyds bank should be followed by Plc. Seems like piffling details I know, but they could send it back if they're not included!

[datxman]

Just put in my N1 form at my local court, for one of my accounts with Lloyds TSB. They said that they may dispute it as I did not put on it Plc so they said that they could be funny and say that no such company belongs there. Do you think this will be the case?

[N_R]

Well I was late in doing it, but Christmas is a busy time for us, but I made the effort to go to the County Court on the 28th of December and filed my Claim. I asked the clerk if she had seen many of these claim she said loads. She also said that they initially did the first lot of these claims in a batch, and wasn’t sure what they were going to do with the next lot of claims.

Sent it to Gresham Street, not marked for anyone particular though.

But thanks again for your help Gary H.

[datxman]

I also put the customer recovery address on there, instead of the head office will this alter things.

[GaryH]

Just put in my N1 form at my local court, for one of my accounts with Lloyds TSB. They said that they may dispute it as I did not put on it Plc so they said that they could be funny and say that no such company belongs there. Do you think this will be the case?

 

Should'nt be a problem, but the worst that could happen is that the court would return it for you to re-do.

 

The Birmingham address is fine.

[datxman]

Cheers for that, it has put my mind at rest a bit.

[datxman]

Well they have acknowledged receipt of the claim on the 4th and have already submitted a defence (which I must say is the standard one)