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

[sharman24]

hi if you go to the lloyds forum you will be able to find templates for filling in and information as to what should be included in your claim

i agree the space is limited but as long as you have the right particulairs in the form than you would be demed to of served your claim correctly.

when sending this to the court include a copy of your schedule for the amounts you are claiming and the dates

 

i assume you entered on your MCOL that states unfair contract terms act 1997 s 4 and consumers contracts reg 1999 para 8 and sch 2 1 e.

and also your claim of 8% under section 69 county court act 1984

 

please read the templates section, i know there can be a lot flying around but take your time and just make sure you get the info into these forms as needed.the banks will pounce if you make any sort of mistake.

as for lloyds saying it was an embarrassment, i assume you followed the correct path of action so they would of had all the info in their hands, your letter before action would clearly outline your next plan of action, which was to serve a claim in the county court.

i also assume you have had letters from their solicitors sechiari.clark and mitchell. they sent me one wanted to confirm all the details again, so i sent it all off again.

hope this has been of some help.

if really in the deep stuff, pm a mod, we are all here to help.

regards

 

Please Note

Advice & opinions of sharman24 are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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[GaryH]

It is ordered that

 

1) The Defendant shall file a signed statement of truth by 4pm on 7th December 2006

 

2) The claimant shall file an amended particulars of claim including a concise statement of facts upon which the Claimant relies to include identification of the charges that he seeks to recover. The Claimant shall also set out the basis in law and fact for the claim as to the present pleadings disclose no cause of action by 4pm on 16 December 2006

 

You need to submit new Particulars of claim and a schedule of the charges and interest (if any) that make up the total amount claimed.

 

Heres the POC's - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Please note that you do not need to print this on to a claim form, just print out on a sheet of paper with your name v Lloyds TSB, in the **** county court and your claim number at the top.

 

Get it to the court and send a copy to Lloyds solicitors ASAP.

 

Can I also ask how come you got this far if this is your first post? You could have saved all this hassle and got advice at every stage if you'd started a thread when you started out. Others could also have benefitted from seeing the progress and developments of your claim.

[andr3w]

Can I also ask how come you got this far if this is your first post? You could have saved all this hassle and got advice at every stage if you'd started a thread when you started out. Others could also have benefitted from seeing the progress and developments of your claim.

 

Thank you for the advise Gary its a real help. Up untill i got to the court stage i was using templates found on fool.co.uk. and guidence from my sister who got her money back months ago without having to go to court just by using the templates on fool. I am quite new to the whole forum chat room thing but thought i would take the plunge now. I really should have done it a long time ago. Thanks for the advise i am going to get on with it now.

[GaryH]

Ah I see. I'm not familiar with the fool templates so I cant comment on their suitibility, but some other sites templates that I've seen can be dangorously inadequate. Best sticking with CAG if you ask me!

 

Good luck:)

[andr3w]

Well i will be using these forums from now on.. Thanks again for the advise.

 

The problem is i am claiming for 2 accounts that are now closed will i have to fill a particulars of claim amendment form in for each account or somehow tailor the one reply letter you have provided to fit them both ???

[GaryH]

If you grouped them together as one claim when you filed initially then you'll have to keep them together, yes. The amount claimed needs to be exactly the same as before as its still the same claim. Remember to attach a schedule of every charge made - the date, reason (ie returned DD, etc), and amount.

[andr3w]

Thanks for the reply,

 

I will got on with this and keep you all posted on my progress

 

Thanks again

[Stobbie]

Thank you so much Gary. I did use the template and made especially sure that I edited it to my particular details i.e. my bank account details, amount of the claim etc so I was concerned when I received the Defence. I havene't had notice from the court to amend but I shall use your new template just to show them that they havn't scared me off.

 

Thank you so much.

[laurend]

hello everyone

i wish i'd started my own thread at the beginning too as im starting to feel way out of my depth with all this - I havent a clue about forums, have never used one before so i just ploughed my way though everyone elses examples and muddled through. does anyone know-

 

1. how to start my own thread? is it too late now im at this stage? does it just basically mean people can follow my progress and give me advice? (if so great!!!)

 

2. what happens after you have submitted the AQ, and letters to lloyds, their solicitors and the court with schedule of charges and response to 'claim too vague' defence as per this thread?

 

i havent heard a thing since and im getting worried. was due a baby on friday and im hoping to get things moving before i get all preoccupied wiht that!

 

thanks to everyone for their advice xx

[GaryH]

Hi laurend,

 

It can be a bit daunting when you first start out can't it. Especially as the site is so huge nowadays.

 

1) To start your own thread go to the Lloyds forum - the page you are on before you click into this thread - and scroll right down the page untill you get to the bottom of the list of threads. Just underneath on the left side of the screen there is a "new thread" icon, click on that and then add your title and first post and press submit. You'll then have your very own thread! I'll keep an eye out for it.

 

2) There is'nt alot you can do now for a while really. You are now waiting for instructions from the court. They will write to you soon with a court date and directions to provide your evidance, which you will have to do by a certain date. Most of what you need to provide is in the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html. When you get this letter from the court, post it on your thread and someone will help you further with what you need to provide.

 

I'd try not to think about this too much for a little while if I were you! Nothing will happen for a couple of weeks I doubt. If you can, get someone to keep an eye on the post for you for a bit.

 

Best of luck!

[GaryH]

Is it me or are the "claim too vague" defences drying up a bit lately? If anyone filed on MCOL WITHOUT sending a schedule, could you let me know what defence you received please?

 

Ta

[HelFl]

Can someone help please? I have sent the letter with the spreadsheet of charges to Lloyds. I have just received a 'sod off' letter from them. What is the next stage? Do I now raise a claim or do I need to write to Lloyds telling them that I am going to do this?

Thank you

Helen

[photoman]

Helfi. You need to send an LBA (letter before action) before starting your claim process. This is so that if it did actually go to court you can be seen as having acted reasonably, and have given them enough fair chances to resolve the dispute before court.

Have you actually read the FAQ and Step by Step sections?

If you haven't then do !!

If you have, then read again.

It is important to do things properly, but don't be scared, if you follow the guidelines on here, use the templates, and stick yo your schedule, you will win !

[meagain]

Out of interest, is it possible to preempt such a defence by including an additional statement in the PoC?

[GaryH]

Hi Meagain,

 

Not sure, but a sentance has recently been added to the MCOL POC along the lines of "The defendant is aware of the details as they have already been sent". As I posted above, this type of defence seems to be drying up of late so it may have done the trick, along with the fact that claimants were refuting it perhaps.

[QuiteWorried]

Hi all, I'm making a claim against Lloyds, and I've been sent a letter saying they are defending and stating a solicitor. Need I panic just yet?

[BARTY]

Hi all, I'm making a claim against Lloyds, and I've been sent a letter saying they are defending and stating a solicitor. Need I panic just yet?

Hi

Don't panic, this is all standard stuff. Start up your own thread, let us know what stage you are up to, and ask any questions there.

Good luck!

Barty:)

[lola2sparklez]

I do not mean to spoil the mood, but has anyone ever got their money back from Lloyds Tsb?

And if yes, was this just before the court case or after?

Thanks,

Troubled customer

[GaryH]

See here - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

[Pen]

Hi, I have been reading these posts with intrest as I have just logged my claim last week in the fast track in paper form at my local court using the standard templateand the spreed sheets so I hope it will be all ok and not returned to me like others have had. however I did read here someone mention that I was to keep all my statements and the court would ask for them at some point, is this what is refered to as the court bunggle and if so what else would need to be included, would I have to make up 3 bungles, There does seem a lot of infor and a lot more complex the further you are in the systerm

Good luck everyone

Pen

[sharman24]

i was just wondering why you have had letters returned??, it is important to keep to the procedure, as the banks will come down hard on you if you fill in forms incorrectly.

in ref to keeping statements, it is most important that you keep everthing, all correspondence between yourself and the defendant, and the court.

if or when the time comes, the judge will either set a hearing date or case date, and will give directions on what he/she requires both parties to do.

this will normally be in the form of a court bundle.

3 copies of everything, one for the defendant, one for the court and yours which should be the originals.

its not that bad to compile, but my advice would be to be prepared, get it done sooner than later

 

Please Note

Advice & opinions of sharman24 are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

[millymollymoo]

Hi Gary, could you help me with this as I am rather worried, i have after checking my POC deemed served 25th have noticed this typo I have highlighted in red. Do you think the POC needs an official amendment because it was put there in error and makes no sense and I certainly would not want the claim struck out.

 

d) The Claimant claims compound interest at the contractual rateof xx% per annum from the date of each transaction to xx January 2007, which is £xx.xx The Claimant further claims interest on the resulting total of £xx,xx at the same rate up to the date of judgement or earlier payment at a daily rate of xx.xx

of 8%

 

Do not ask me whay it was put there.

 

Milly X

[GaryH]

So what you are saying is that you never specified a daily rate of interest? Or you put 8% in when it should have been the contractual daily rate?

[millymollymoo]

Hi Gary no . I have deleted from the post the actual amounts on the particulars. It was the 'of 8.00%' that needs to be taken off the particulars as it refers to nothing and was a typo.

 

As this is a typo and I just want that omitted, do I still need to attach new schedule of charges as they are not changed or any of the specified amounts. It is just the typo.

 

Milly X

[millymollymoo]

Everything in the paragraph was fine, but I noticed I had a typo underneath of 'of 8.00%' referring to nothing