james vs Lloyds

[james_lillystone]

firstly big thank you for all the information avaliable on this website (it has become a bit of an overload today mind!)

 

i am now currently at the stage of sending off my letter demanding settlement

 

i have used the templates to detail my charges (http://www.lillystone.co.uk/bank/letter2.htm)

 

and to create the demand letter (http://www.lillystone.co.uk/bank/letter1.htm)

 

i have sent the letter to lloyds head office via registered

is there anything else i need to do at this moment in time?

 

thanks in advance

[Michael Browne]

I would remove personal details: address and a/c no from the letter. Is this the preliminary letter or LBA. It's recommended you give 28 days in total before filing at court

[james_lillystone]

valid point about the personal details, *removed*

 

so far i have sent a letter asking them to detail charges levied against me in the last 6 years, after recieving those this is my second letter to them, i will await a reply before progressing to court proceedings

[Michael Browne]

Ok, fine, good luck.

[james_lillystone]

many thanks will keep everyone updated, had a good read of other threads so i think i am ok for now.. altho a bit info overloaded mayby..

 

just so i am clear i should now leave it 28days before proceeding with a claim?

[Michael Browne]

28 days in total so only 14 days after the LBA

[james_lillystone]

ok so almost 14 days since i sent the letter, i have had a generic letter back from lloyds stating that they will address my complaint within 2 weeks from a kerry parfitt (customer services recovery)

 

should i be waiting for them to reply to my letter properly or have i given them enough warnings to start court procedure? apologies if this seems a stupid question i would like to optimise my chances for success as much as poss!

[Michael Browne]

I don't think their idea of 'addressing your complaint' will be the same as yours. File at court.

[james_lillystone]

I don't think their idea of 'addressing your complaint' will be the same as yours.

 

heh, too true!

 

ok i think i have got a couple more days before my 14 day period is up so i guess i should file it on Wednesday evening, thanks again!

[Michael Browne]

MCOL POC's here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=34887

 

You can register at MCOL and start to fill it in. You can save it at any point and then go back and amend it before pressing the final submit button

 

Make a note of pasword and log in details.

[james_lillystone]

just a quick one.. on the link you have kindly provided me it says to stop unless i have sent off a list of charges and o/d interest.. well i only sent the charges and not the o/d interest, have i shot myself in the foot there or can i still claim for interest?

[Michael Browne]

There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

[james_lillystone]

thank you for the advise, the claim has been saved and is ready to send off wednesday morning! back to waiting i guess!

[james_lillystone]

right, the claim has been issued by the court now (can only be good i guess) but it says the bank has 14 days with which to reply, the issue is that would put it at the 28th Dec.. now do i count the Christmas period into the 14 days or would it just be safer to wait till jan 2nd before i continue?

[Michael Browne]

Issued 14th? Deemed date of service is 5 days later Dec 19th. So acknowledge by Jan 2, file defence by Jan 16

[james_lillystone]

ahh got ya, again many thanks!

[james_lillystone]

i have finally got a generic reply from Lloyds (http://www.lillystone.co.uk/bank/letter.gif),

it states that these are not penalty charges but are infact fee's of service, as a result they will not be refunding these 'service charges' back to me.

 

now is it worth me replying to this letter stating my intentions of pursuing this in the courts or do you think it is wiser not to?

 

am thinking a short letter saying that "i do not agree with the use of the term 'service charge' and unless they want this to go to the courts then to refund these charges asap" might be in order but being the nervous one i am unsure as to where to go with this..

[BARTY]

Hi

It's up to you, personally I wouldn't bother, you've started the Court claim already haven't you?

Barty:)

[james_lillystone]

yep claim started, got to wait till jan 2nd before doing anything i believe, if its not going to make any difference i wont bother no point killing a tree for sake of it!

 

ty again!

[james_lillystone]

just a quick update, i am still about, lloyds have just lodged a defence, am still to receive paperwork from the relevant court, not sure exactly what to expect now and i'm feeling nervous, any key info i should know about at this moment in time?

[Michael Browne]

Next stage is the AQ which you'll receive from your local court with their defence. See here:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

[james_lillystone]

ok, i've had a quick look at the links, the AQ does not look to painful, just got to wait for it to land on my doorstep

 

Many thanks again, will get that form sent off asap

[james_lillystone]

stupid question, i notice the link to the n149 form in pdf format.. can i just fill that in on the computer and print it to submit to the court or do i need to use the proper document provided in the defence pack?

 

had a good read of the other thread, from my understanding i now need to do the following

 

a) fill in the AQ form including reason as to why this should be done as a fast claims track

b) attach draft order for directions to AQ

c) send both off with £100 for my claim (it being £2500ish)

d) wait for the judges decision then send off the 4 sections to my draft order to both the court and the defendent..

e) wait for court date and cross fingers?

 

anything missed? ty in advance

 

 

just a quick amendment, here is a copy of my text i have used for the "other information" section of the AQ

 

I have attached a draft order of directions which I hope you will consider when allocating this case, I believe this case will last no longer then an hour in your court as the claim is a matter 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.

 

again, have i missed anything and is this sufficient:)

[Michael Browne]

a) fill in the AQ form including reason as to why this should be done as a fast claims track

No just the opposite, your asking for small claims track, but with Standard Disclosure (normal only for fast and multi-track)

 

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.

 

 

 

b) attach draft order for directions to AQ

c) send both off with £100 for my claim (it being £2500ish)

d) wait for the judges decision then send off the 4 sections to my draft order to both the court and the defendent..

e) wait for court date and cross fingers?

 

Spot on

 

i notice the link to the n149 form in pdf format.. can i just fill that in on the computer and print it to submit to the court

Yes, but don't send it until you get the defence and Aq from the court.

[james_lillystone]

thank you for your advice, one more thing i forgot to mention was the payment part, what is the best practice for this? post a cheque in with the form or visit the court and pay over the counter?

 

i am not sure why i put a) down, been a long day but i didnt do that, only bit i put in on the AQ was the "matter of fact and not law" section of my previous post.