BelleVix vs. LloydsTSB ** WON **

[BelleVix]

Hi,

 

I have sent all the letters and have received the standard 'not a hope' response... so am filing court action on Monday. I need to sort out the spreadsheets for the interest and then will submit. What I am asking is... on the forms for the court, where is says value, do I add everything together including the court fees? And just below that, it says Amount claimed, court fees, solicitors costs then total... isn't that duplicating the value? or should the value just be the charges plus interest? Probably seems like a daft question, but I want to make sure this is completely correct!

 

Thanks for any help!!

 

Belle

 

P.S. this website is brilliant ;-)

[Michael Browne]

Value:

Bank charges (and overdraft interest if claimed) - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

Amount claimed:

Charges + Data Protection Act - £XXX

Court fees: £XXX

Sols costs; None

[BelleVix]

Hi, Thanks so much for that... I'm sorry for being daft, I'm trying to get my head round this... What is the difference between S69 8% interest and daily interest at 8%?

[Michael Browne]

S69 interest is the total of the interest calculation in the spreadsheet up to the date of filing.

Daily rate is the continuation of that interest after you file, which is just your charges x 0.00022

 

eg £495 x 0.00022 = £0.11p

[BelleVix]

Hi, yet *another* question... is the money claim thing the same as taking it down to the court yourself and getting them to stamp it??

[Guest Mumofthreeboys]

Hi, yet *another* question... is the money claim thing the same as taking it down to the court yourself and getting them to stamp it??

 

No, Money Claim is online. The paper version is the N1.

[BelleVix]

Hi, thanks for your feedback... but...

 

Will it have the same end result? More precisely, is money claim submitting the claim against LTSB in the small claims court? Or is it quicker to take it to the courts and get it stamped by them?

 

Thanks,

 

Belle

[Michael Browne]

End result is the same. N1 has the advantage of fuller POC's and you can attach your schedule at the time of filing.

[BelleVix]

Hi, yet another question... can i claim back the overdraft interest?? or is it just the overdraft excess fees??

 

Thanks,

 

Belle

[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. If you are not claiming overdraft interest use the Simple s/s here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

[BelleVix]

Hi Michael,

 

Thanks so much for your help - I've gone with the simple spreadsheet!

 

Final question (it has to be as I'm printing everything out tonight!) - does it matter what address I put down for the bank on the N1 form?

 

Many thanks,

 

Belle

[BelleVix]

Also, can you advise on the below:

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

Specifically, what interest does (a) refer to - the excess interest, which I'm not claiming, so should i take it out?

 

Thanks for any help offered,

 

Belle

[Michael Browne]

1.Use the registered address

 

2.You can remove it if you want.

[BelleVix]

Hi - thanks so much for your help Michael, I really appreciate it.

 

Belle

[BelleVix]

Hi,

 

Court forms have gone in... Do they have 28 working days or just 28 days to file a defense?

 

Ho hum, now I wait...

 

Belle

[BARTY]

Hi

They have 14 days from when claim is served to acknowledge, and 28 days from when claim is served to file a defence.

Good luck!

Barty:)

[BelleVix]

Thank you - I have that sicky-nervous feeling in my stomach, and yet I'm rather excited!

 

Belle

[BelleVix]

Hello, notice is deemed to have been served on 12th December 2006. Where do I need to post my claim number (I thought I saw somewhere that i should do this?).

 

Many thanks,

 

Belle

[skbuncks]

Hi Belle

If you PM a mod with it in the follwoing format

username v Bank Name

 

Claim number: 2QZ22222

Issued: 2.10.06

Court: MCOL

Charges: £1,234.00

Interest: £234.00

Costs: £120

Total Claim: £1588.00

 

then theyll put it in the litigation section for you

 

skb

[BelleVix]

Hi, I just phoned the courts and it would appear LTSB haven't submitted a defense (they had until last Friday to do so). I am going to request a judgement, what will happen then - will the judge rule in favour of me :confused: ?? I would presume that if LTSB have submitted a defense and it shows up after i have requested a judgement then things will continue and i will be sent an allocation questionnaire. I am aware that i haven't sent any mod my claim details and will do this tomorrow when i have my claim paperwork with me - sorry!

 

Belle

[BelleVix]

Hi - can anyone help? What happens when i send in the form for requesting a judgement - do i have to do anything else, what will the judge do?

 

i am fully expecting LTSB to submit their defence late or something, so it probably won't come to this but i would like to be prepared - i've read up on every other eventuality but never expected this one lol!!

 

Belle

[BelleVix]

Hi,

 

I just phoned the courts and I had it slightly wrong before. The bank haven't acknowledged my claim (I thought they hadn't submitted a defense), so I am going to request judgement. I now have two questions...

 

1. Will the judge rule in favour of me? is it likely rather than probable?

2. Should I request the bank pay immediately or should I be nice and give them a week to pay?

 

(That was three!! )

 

Thanks,

 

Belle

[BelleVix]

Hi, please can anyone help?

 

ta,

 

Belle

[dolly]

Chances are that Lloyds will file their defence late and it will be allowed by the judge, so don't hold your breath....you never know though, you could have slipped through the net

 

Askk for payment straight away - like I said, it is likely that they will submit their defence anyway.

 

Good luck

[BelleVix]

thank you! I am fully expecting them to file their defense late, so I haven't got my hopes up, but wanted to know just in case.

 

I really want this money (am getting married in less than three months - eeek!) and am sooo nervous at the moment. I can't remember how many letters I sent them (I have the LBA) and while I think I sent them 2 I can only find one. I am really worrying i've messed this up now, and they'll come down on me like a ton of bricks cos i didn't try and sort this out to a greater extent before litigation .

 

I'll send it off today as you suggest Dolly - thanks for the advice

 

Belle