reclaiming charges court claim - The "Claim Too vague" defence and guide to amending a claim

[louismm]

Hi

i have a court transfer letter and a defence saying 'too vague'. I filled using MCOL and sent no other details or particulars to the bank, court or solicitors. Do i need to amend the claim or send anything out?

 

many thanks

[axaman]

good day every one

 

im new to this and my be in need of some help

 

i have sent out the all letters asking for my charges back with interest.

and i have started to fill out the n1 claim from. im looking for help to see

if i filled it out right

 

 

court lancaster

 

claimant

 

me

 

 

defendant

lloyds tsb bank plc

lancaster

 

brief details of claim

 

[removed template POC]

 

value

 

from start of claim 25/5/2007

£2611.00+interrest @8%=609.67 total=3220.67

plus court cost at £120

 

 

particulars of claim

 

[removed template POC]

 

can you tell me if this is ok to file with the court

 

 

many thanks for all your help axaman

[GERMANY2006]

Hello all Lloyds fans, check this out.

 

Hope it helps in some way.

 

http://www.bsaconference.org/files/paul_lewis_speech_and_slides.pdf

[remus]

Hi Axaman, and welcome, what you have posted looks very good;) , as I am not an expert, I will direct you to here, The Consumer Forums libraries - bank charges materials and other issues scroll down to particulars of claim text.

You also need to start your own thread, so we can follow your claim, and give you any advice, though going by your first post, you will be advising us, which is good, lot of people need help, me included.

Good luck with your claim, and the best advice of all,

Read read and read some:p more

If I have been of help, you may click my scales.

[axaman]

Thanks Axaman

[laura108]

Hi, could do with a little advice on what to do please!

 

got the notice of transfer of proceedings through with the following as the banks defence -

 

'1. This Defence is served without prejudice to the Defendant's contention that the Particulars of Claim is insufficiently particularised and is embarrasing. The Defendant reserves the right to plead further to the Particulars of Claim once they are sufficiently paticularised.

 

2. The Defendant will object that the Particulars of Claim in this action disclose no reasonable cause of action against the Defendant and makes no specific allegations against the Defendant as to why the Defendant should be liable to the claimant for the amount claimed.

 

3. The Particulars of Claim do not comply with Rule 16.4 la of 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 £3889.95 is arrived at, and there is no pleaded basis in law and fact for the claim itself, the Particulars of Claim are too vague.

 

4. The Particulars of Claim shows no reasonable grounds for bringing the claim and should be struck out pursant to Rule 3.4 2a-c of the Civil Procedure Rules.

 

Now obviously we didn't detail our claim enough on the original form submitted to Moneyclaim, and dived in head first without the neccesary preperation but I really dont want them to win because of this so am looking to rectify this if possible.

 

We then recieved a Notice of Allocation to the Small Claims Track (Hearing)

 

This ays that ' By 25th July 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaning the Banks charging regime and exhibiting all relevant documents justifying it; and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant.

 

In default of compliance by the defendant the defence is struck out on 26th July 2007 and the claimant may apply for judgement'

 

I dont understand why they havnt asked for anything more from us as we obviously didnt give enough information on the initial forms? Also dont understand what will happen next. Can you advise me on the best course of action for us to take please!

[GaryH]

You don't actually need to do anything - just wait for Lloyds to either pay up or default on the order and be struck out.

 

The judge has ignored Lloyds objections to the clarity of your claim so you needn't worry about that now.

 

Send this letter to the court on the 25th -

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post757475

 

(thats only a guide, btw - you'll have to amend to suit)

[paul283]

Hi,

 

hope you can help? just heard from court that they have struck my claim out to retrieve my bank charges from Lloyds TSB. I thought that I sent everything that was asked for but then they sent me an order again asking for particulars of the claim specifying a list of all charges complained of showing the date and amount of each one and the stated reason for it. This I thought I did. I'm not sure if I understood what was asked of me but next thing I have a reply today dated 9th July 07 stating it was struck out. Can you help in telling me what I need to do now and whether the information I am supplying is correct and what they want?

Unfortunately, I need help urgently as I only have a couple of days to reply. Thanks alot.

 

Paul

[Michael Browne]

I thought that I sent everything that was asked for but then they sent me an order again asking for particulars of the claim specifying a list of all charges complained of showing the date and amount of each one and the stated reason for it.

You are going to have to post exactly what the Direction Order said and exactly what you sent in reply.

[remus]

Paul 283, Hi, as your case is at Birmingham, you need to pm Gary H, he will have further information to help you.

Good Luck:D

Birmingham County Court

[laura108]

The day after I posted on here we recieved a letter from the banks solicitors offering to settle our claim in full, before it reached court - £4110To do this we had to sign a letter to say that we will not take any further action against the bank (court). Does this apply only to this partivcular claim. As we also want to try and claim back charges from the credit card, also a Lloyds account. Help would be appreciated, thanks

[remus]

The day after I posted on here we recieved a letter from the banks solicitors offering to settle our claim in full, before it reached court - £4110To do this we had to sign a letter to say that we will not take any further action against the bank (court). Does this apply only to this partivcular claim. As we also want to try and claim back charges from the credit card, also a Lloyds account. Help would be appreciated, thanks

if you agree to their terms, ie sign the letter as it is, you will not be able to make any more claims against the bank and the many subsidiaries they go under, do not agree to it. cross out anything you do not agree too, and send it back, I know there is a template letter some where, will have look.

CONGRATULATIONS, another settled claim to add to the long list:D

[JGJ]

Hi 1st posting hope it's on right thread

 

We have 3 Court Claims against LLoyds TSB 2 personal 1 Business

the 2 personal are being dealt with by SCM LLoyds usual solicitors - but the Business 1 by MARTINEAU JOHNSON ( anyone else had contact with this company) LLoyds are defending all 3 - but we have had a letter from MJ offering a reduced amount - but saying that as our liability to the bank currently being managed by the banks Customer Debt Management Dept exceeds the amount of the claim there will be no payment out to us. But our liability will however be reduced by this amount. They also state this is Confidential and Privileged which means it will not be produced in Court and is confidential between you, us and the Bank. They want us to sign this letter - and once rec'd will arrange for the credit to be made.

 

Has anyone had any dealings with this solicitor - and can they do this - or would they not have to put a couter claim in - for my liability to them

Any HELP would be appreciated.

LinG:confused:

[remus]

jGj, Hi and welcome to the forum:)

Not sure on buisness accounts but, if you are the one making the claim, say you will take it to court, and let the Judge decide, why should you settle for less?, and why should what they unlawfully charged you go towards lessening the debt? ask for the payment in cheque! it is money they have taken from you unlawfully, you decide how to use your money, not them:mad: Tell them you are carrying on with your claim, and do not agree to anything they are suggesting.

 

You need to start your own thread, so we can follow how things progress and give advice.

Go to LTSB forum, top left, click blue New Thread, copy above thread, and your away:D

Happy claiming:D

and read read and read some:p more

[rach_vicky]

Hello

 

Just a few quick questions about ammending my claim.

 

Can i post the forms to the court or do i have to take them in person (only i work full time an hours drive away from my court) ??

 

Also does anyone know how much the fee is for ammendments (only i have heard it is £35.00 then someone said £65.00!!) ??

 

Thanks

[maggiejtbg]

Hi

 

I am so confused!!! I am at the stage of going to court. Reading through the site i am so scared that i will get it all wrong when filling in my court form.

 

Is there a step by step guide??? on how to fill in the court forms. I feel really inadequate and really dont want to get it wrong.

 

Do i need to get a "terms and conditions" from LLoyds and i have read also that i need to download another piece of information regarding bank charges something to do with putting a "court bundle" together.

 

HELP!!!!!!!!

 

 

 

Maggie

[BARTY]

Hi

 

I am so confused!!! I am at the stage of going to court. Reading through the site i am so scared that i will get it all wrong when filling in my court form.

 

Is there a step by step guide??? on how to fill in the court forms. I feel really inadequate and really dont want to get it wrong.

 

Do i need to get a "terms and conditions" from LLoyds and i have read also that i need to download another piece of information regarding bank charges something to do with putting a "court bundle" together.

 

HELP!!!!!!!!

 

 

 

Maggie

 

Hi

This link should help:

Error

Link DOES work!

 

You don't need to do your Court bundle until you have your Court date. Please have a good read round the site, it is very important that you know what you are doing before you start the Court claim.

 

Also please start up your own thread and then we can give you any help you may need on it.

 

Good luck!

 

Barty:)

[maggiejtbg]

Thank you so much Barty for your quick and speedy responce. The site is excellent.

 

However i am confused regarding MCOL and N1 forms!!!! am i right in thinking that it is better to do all the forms myself and then submit them to my own local court instead of going through MCOL????

 

How do i set up my own thread as advised.

 

Once again many thanks Barty

 

Regards

 

Maggie

[BARTY]

Thank you so much Barty for your quick and speedy responce. The site is excellent.

 

However i am confused regarding MCOL and N1 forms!!!! am i right in thinking that it is better to do all the forms myself and then submit them to my own local court instead of going through MCOL????

 

How do i set up my own thread as advised.

 

Once again many thanks Barty

 

Regards

 

Maggie

 

Hi

It is the preferred method on here to use the N1 and submit it to your local Court.

 

To start up your own thread, go here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/

Then click on the button, call your thread "Maggie V Lloyds" or something similar, and then type away!

 

Barty:)