Lloyds defence/c.claim received is this normal reponse? ??

[sue wright]

Hi..could someone please advise.....?

Have received the defence /counterclaim from Lloyds with my Allocation q'aire to fill in....

However,..the defence states >>

...."the particulars of the claim do not comply with Civil Procedure Rules as ( amongt other things) they do not fully identify the account that appears to form the subject matter of these proceedings or indeed show how the sum of £625 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 chatge he alledges it is a disproportionate penalty and thus unlawful.

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

It then goes on about providing a service...provides details of the bank charges and by using the account how the customer acknowledges that the charges are incorporated into the contract...blah

 

:confused:Is this a normal reply.. or do I have to file/serve an amended claim? Have already sent a schedule of all the charges/description/date incurred/amount /account details etc to Lloyds, their solicitors and MCOL:confused:

 

thanks Suz

 

Claim number: 6QZ71718

Issued: 12 Oct 06

Court: Salford County Court

Charges: £625

Interest: £29.80

Costs: £80+tbc

Total Claim: £tbc

[bearo]

What did you put on your particulars of claim when you filed your claim? Also did you include a schedule of charges???

[sue wright]

Hi, I followed the standard details as below (from the site.)..

I then sent separately ( recorded del) the schedule of charges to SCM, Lloyds and MCOL which had the description of the charge (unpaid dd/OD excess fee or unpaid chq) the date it occurred and the amount, then interest to date for each. Account details/number/name /sort code...they have had all this.?

 

The Claimant has an account 00529526 with the Defendant opened 1996. Since 09/12/05 the Defendant debited charges and interest in respect of purported breaches of contract. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 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. Claimant claims: (a) return of the amounts debited of £625; (b) Interest per S.69 County Courts Act 1984 of 8% - £29.67 ( as at 9/10/06) and continuing at 8% until judgment or settlement at a daily rate of £0.14. 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. Costs to be allowed by the Court.

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[claire78]

I would call the court tomorrow to see if they have applied for the claim to be struck out, or if the court requires you to re-submit the claim but it seems fine to me.

[bearo]

Okay and you say you sent a copy of your schedule of charges including the s69 interest to MCOL and the defendant?

[bearo]

Sorry, I just missed the top bit of your last post...a possible call to the court to ensure they received all paperwork and mcol etc may be advisable. They have no basis for the claim it is vague if you sent a schedule to them,

[sue wright]

yes sent schedule of charges/interest (but separately )as it says in the claim 'another copy will be sent'.. so sent it to Lloyds, their solicitors and MCOL