Help needed please!!

[Diane Harris]

Have lodged a claim against Lloyds TSB on behalf of my sister, we have received a defence from their Solicitors Sechiari Clark and Mitchell which gives all the usual stuff about their charges being fair and not penalties etc. but part of their defence states:

"The Particulars of Claim do not comply with the Civil Procedure Rules as (amongst other things)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 £843.64 is arrived at and the Particulars of 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 her 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 she is seeking to recover, identifying each charge, the date and amount of the charge and why the Claimant in each case she alleges it is a disproportionate penalty and thus unlawful.

The Defendant should then be given the opportunity to defend the proceeding further."

Can anyone advise us what to do now, we have the Allocation Questionaire to fill in too but want to know what to do about the above statement. We supplied a list of charges to the bank by hand and got this stamped received and we also emailed a list of charges to the bank and got a reply confirming receipt. We sent a copy to the court also. When we filed our online court claim all the details were entered as per the guidelines set out on this site but we may have omitted the account no. Any advice please urgent!!!!

[Michael Browne]

Ignore it

 

In your AQ you can refute their contentions re: lack of particulars

 

 

SECTION G OTHER INFORMATION

The defendant in its defence contends that this claim is not suitably particularised and the statement of claim shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the statutory and common law provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, contrary to the contention of the defendant, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court on the day of issue for inclusion alongside the claims particulars. Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. For the sake of expediency, I have attached another copy of the schedule to this allocation questionnaire.

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

 

And also you can request Standard Disclosure:

 

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

[sue wright]

Diane, just to let you know I have had the same reply even though they have had all the relevant detail re charges...glad I saw your thread as I posted a help yesterday

 

Suz

[skbuncks]

Just more bully boy tactics, I filed a couple of months ago and forgot to include my account number or send them a schedule of charges an they never even blinked an eye. Seems thy're constantly looking for new ways to delay the inevitable - that is to give us our money. God they annoy me

[Diane Harris]

Thanks so much to everyone who has replied to my post, I am feeling more confident now again, was in a bit of a panic thinking I had messed up. Also can anyone advise re the allocation questionaire part D. Witnesses. I am assisting my sister with this claim as it is her claim against Lloyds, will she be able to call me as witness as I think I will be able to help her. Does anyone know if you can call another family member as witness please?

[jonni2bad]

Remember too that the information very kindly supplied by Michael above, along with the info on asking for standard disclosure, may not fit in the space provided on the AQ. You can attach a separate sheet of paper if necessary - just make sure it is clearly marked with your details.

 

Best of luck

[karens25]

hi

i had the same response from lloyds yesterday, spent all night worrying id messed up, have been through a few threads on here this a.m and it seems these are just more bullying tactics!! i certainly wont be shelling out another £30 to amend my claim!

thanks guys

karen