Hargy001 vs Lloyds TSB ** WON **

[hargy001]

Just starting my thread, trying to claim £1507 + 213 interest.

 

Already sent 3 letters, got all the usual responses, and now I'm at the Issuing a claim part.

 

This site has been great so far, I will finalise my Moneyclaim details tonight and issue the claim tomorrow.

 

Will post each development.

 

Cheers

[BARTY]

Good luck! Let us know how you are doing.

Barty

[hargy001]

Well I've submitted my moneyclaim on line case tonight.

It cost £120 which I paid by mastercard.

 

Glad its done now, I'm pretty confident that I have all the calculations right as I've checked & checked again.

 

Quick question though, I have been reading some other cases etc., and for those people who have used the paper claim method rather than the online claim method, it suggests that they enclose 2 copies of their schedule of charges with their claim, however when I did my online claim tonight it did not give any option to do that. Is that normal or do I need to send my schedule of charges somewhere? however I have looked but I cant find anything.

 

Also What happens next? do I get an acknowledgement from the bank or court?

 

Cheers

[BARTY]

Hi

If you do this:

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

 

Then when they acknowledge your claim send the same to SCM (lloyds solicitors).

 

LTSB have 14 days from when the claim is served to acknowledge, and then a further 14 days to enter a defence.

 

Barty:)

[hargy001]

Cheers for that, Have posted them today.

 

By the way your post made for interesting reading, congratulations on your win, hope I will be saying the same thing soon.

[hargy001]

Well I've just checked the status of my Moneyclaim on line form and it has changed from started to acknowledged.

They now have 28 days to reply, so lets see what happens.

 

Cheers

[BARTY]

Hi again,

They have 28 days from the date the claim was served to enter a defence.

Barty:)

[hargy001]

Just recieved my acknowledgement through the post today.

It has the banks solicitors address on it

(Sechiari Clark & Mitchell, Brighton), so I will send them the schedule of charges and the covering letter as well, like you suggested.

 

This should show them that I mean business.

 

I will keep you posted.

 

Cheers

[hargy001]

I've just checked the status of my moneyclaim online file and it has changed from acknowledged to defence.

 

it also says:-

 

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly

 

is this normal or should I worry?

 

Its starting to get a bit scary now.

 

Does this mean that I will get a court date now, also I have read that a lot of people get an allocation questionare which they have to pay for, is that the next stage for me. I'm a little confused.

 

Also one last question. I am going to be moving house soon, will that cause problems or should I just send a letter to moneyclaim and the bank just stating my new address.

 

Thank you in advance for your replies.

[Michael Browne]

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly

 

is this normal or should I worry?

Does this mean that I will get a court date now?

also I have read that a lot of people get an allocation questionare which they have to pay for, is that the next stage for me?

 

All answered here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=31460

[hargy001]

cheers for your reply.

 

Any advice on my house move, am I ok sending a covering letter to everyone or is there an administration fee to the court or something like that.

 

I am just hoping that someone who has perhaps been in a similar position can help.

 

Thanks

[GaryH]

Its normal. Lloyds always file a defence.

 

You will now get a copy of it, which will more than likely be the 9 point "our charges are fixed price contractual services" nonsense. Should you recieve the 14 point "claim too vague" one, see the sticky thread at the top of the Lloyds forum.

 

With the defence you will also get an AQ to fill in and send back to the court. This carries a £100 fee, which you will get back in settlement. See the guide notes in the templates library for help with filling this in. You could also try a new approach as described in this thread -

Also one last question. I am going to be moving house soon, will that cause problems or should I just send a letter to moneyclaim and the bank just stating my new address.

Change your address with your local court - thats who will be dealing with your claim from now on.

 

It's worth having a good read of some of the "won" threads from the LTSB 'successes' forum. It'll give you a good idea of what to expect at every stage.

[hargy001]

thanks for that I will contact them.

[hargy001]

Well I've just filled in the allocation questionare, I will drive down and post it by hand tonight then I know that it has definately got there.

 

Cant wait for this to be resolved as I have now paid out two fees, £120 for Moneyclaim and £100 for the court allocation questionare.

 

I just pray now that they settle quickly and I get back this money as its not easy to find these fees when your already skint.

 

Anyway fingers crossed and I will keep you all posted.

 

Cheers

[hargy001]

Hi all

 

I've just been reading some other threads on here, and I have noticed that some people are being advised to send a copy of their allocation questionaire back to lloyds tsb's solicitors as well as sending the completed form back to the court.

 

Is this a really important thing to do or does it not matter too much, the reason that I ask this is that it did not mention it anywhere in the paperwork that I received with the AQ and I hadn't seen it mentioned before.

 

I sent my AQ back to the court on 4th Jan 2007, but I have not sent a copy to lloyds tsb solicitors.

 

What do you think; should I just sit and wait or should I send one now, I am wondering what the best thing to do is, as I have left it for a few days since I sent my AQ to the court.

 

Also if I do need to send one to their solicitors what should I put in the covering letter?

 

Cheers

[BARTY]

Hi

I wouldn't bother now, it is not compulsary. SC&M sometimes ask for a copy, but it is not a legal requirement to do so.

Barty:)

[hargy001]

Hi

I wouldn't bother now, it is not compulsary. SC&M sometimes ask for a copy, but it is not a legal requirement to do so.

Barty:)

 

 

Thanks for that.

[hargy001]

Got home tonight to a letter from SCM which starts with yet another "We are in the right and you are in the wrong, Blah Blah Blah type thing and we still defend our position"

 

However after a full page of blowing their own trumpet and telling me how misconceived my claim is the next paragraph blew me away.

 

As you have read, the Bank, together with other major banks, is presently discussing the legal basis for these charges with the office of fair trading. The bank considers it unhelpful to pre-empt the outcome of those discussions by requiring the court to adjudicate on a particular claim, especially because the legal and other costs involved can easily exceed the ammount in issue regardless of who "wins" at the end of the day. This is as true for you as it is for the bank.

 

Accordingly, the bank is, without prejudice to the position set out above, willing to pay you the £XXXX,XX, plus accrued interest since issue of the claim of £XX,XX, plus the court fees of £220 in full and final settlement of this claim.

 

It then goes on to list the conditions such as I much keep my account in credit or in the approved limits etc, and some other bull.

 

But who cares as soon as I have my money, I am closing the account, so whatever they try to impose it completley immaterial.

 

I can not believe it, I honestly thought that this would go all the way to the court day before settling, and they would drag it out as long and as difficult as possible.

 

Its great, I will make a donation to this site as soon as the money is in my account.

 

Many thanks for everyones help, you've been fantasic.

 

 

Quick question though, Do I have to inform the court that a settlement has been reached. I do not have a court date or anything like that. The last thing I did was file my Allocation Questionaire at the court and now they've settled.

 

Another reason that I ask is that the settlement is based on the terms of confidentiality between me, SCM and the back that I have to agree to. If I agree to this confidentiality then I'm worried that telling the court that they have settled then I will be in breach of the terms and will get nothing.

[GaryH]

Excellent, well done. Another early settlement!

 

You need to inform the court that the claim has been settled. Here's a template - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html#post487345

 

If you are agreeing to confidentiality, you should'nt really be disclosing the terms of the settlement in public - ie by posting here. You've no obligation to agree to confidentiality though, or any other condition. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/50315-lloyds-tsb-have-filed-8.html#post499460

[BARTY]

Congratulations!!! :D

Barty:)

[hargy001]

Hi folks

 

Sent the letter last weekend saying that I agree to settle and they would have got it Monday(I sent it special delivery).

 

How long do they have before they put the money in the account?

 

I thought it would be fairly quick so as I can tell the court that they have settled, but I have been checking my bank every day but still no money.

 

I hope they arnt going to drag it out unnecessarilly

 

Cheers

[upton11]

Hargy001, hi

 

Just keep checking. If not in soon, say within next 3 days, you could write to SC&M asking where your money is. Keep on eye on your own timetable and remember that until the money is with you, the matter is not over. Obviously you must tell the court as soon as you receive the money that the case is settled.

 

well done by the way

 

Paula

[hargy001]

cheers, will do

[hargy001]

Hi Folks,

 

Received my money today (at last), seems they dragged it out for as long as possible after receiving my letter. Sent back my letter 22nd Jan 2007.

 

3 phonecalls later to SCM, (who by the way have an automated phone service dealing with bank charge reclaims before you even get to speak to anyone... I guess they must have had a lot of phonecalls!! LOL)

 

Anyway checked my account and it was finally there.

 

So thats it, the final chapter.

 

I have just donated to this superb site so it can carry on the good work and I hope that it provides help to more and more people, who just like me would never have even attempted something like this until I found out about this site.

 

Anyway good luck to everyone.

 

Cheers

[Janet-M]

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