BelleVix vs. LloydsTSB ** WON **

[christinajanep]

if u sent the prelim and lba and allowed 14days between each before submitting your claim, your fine, it is very nerving but dont worry you have huge amounts of support

[BelleVix]

Hi,

 

thanks - I'm sure I did, but just can't find the prelim... if we go to court, will I need to produce it??

 

belle (gulp)

[tris184]

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.

 

Im getting a bit confused. I have made a claim for all the charges made to my account plus interest. However are you saying that Overdraft Interest Charges cannot be claimed but the Account charges & Excess Fee's can? A bit more help on this would be much appreciated. Thanks in Advance,

Tris184

[BelleVix]

Well it's gone

[BelleVix]

ok, the court should have got it yesterday, but they aren't answering today so i can't get an update :mad:

 

will update when i manage to get through...

 

Belle

[BelleVix]

OK, where's the emoticon for steam coming out of my ears??? :mad:

 

LTSB filed the acknowledgement of service on the 18th December! GRRRRRR! they have until next Tuesday (9th Jan) to file a defence (which i have no doubt they will ). ah well, didn't think it could be this easy.

 

Belle

[upton11]

Try not to be down hearted. I wrote on my thread that it is a bit like a dance, with both parties knowing the steps, but merely waiting for the music to end. The music will stop.

 

Also because you are at the pre AQ stage you can benefit from the new super directions. Hopefully GaryH will be along and give you the link because i don't know how to do that. However if you go to the last newsletter and follow Bankfodder's link to new appraoch to AQ you will see it there.

 

Keep strong

 

Regards

Paula

[BelleVix]

Hi Paula,

 

Thanks for your kind words. It's very difficult to be positive - i keep getting my hopes up and then let down again!! Other things on my plate at the moment (my wedding!) so the money would come in really handy!

 

I'm so scared it will go to court - knowing my luck, i will be the first one to go to court

 

Belle (gulp)

[upton11]

Dear Belle

 

Money will always come in handy no matter when you receive it!

 

Look on the bright side - Lloyds have not defended one case yet, so even if you are the first just think of all the support you will get here!

 

No doubt you have seen other people's threads where they too think they will be the first to have a fully contested hearing. I also feel that if you weren't a touch nervous, then it may be a sign that you were not fully engaged in the process. Suing a large Plc is never going to feel like a day trip to Cleethorpes, but you will get there.

 

Freebird's thread is a master class in determination and should be a three line whip read

 

Regards

 

Paula

[Janet-M]

Hi Paula,

 

Thanks for your kind words. It's very difficult to be positive - i keep getting my hopes up and then let down again!! Other things on my plate at the moment (my wedding!) so the money would come in really handy!

 

I'm so scared it will go to court - knowing my luck, i will be the first one to go to court

 

Belle (gulp)

 

You are far from alone in worrying that your case may go to court .If you start reading the long threads that have been won it will give you more confidence. Just keep reading around and stick to the steps we advise that way you won't make any mistakes .As has been pointed out it is unlikely your case will end up in court BUT saying that it is a possibility so you just need to be fully prepared and if it does come to that then we have a buddy system set up where you should be able to get someone to acompany you who has been through the process .

[BelleVix]

Hi, I haven't checked in for a while, so i missed your post - thanks MJanet. Have just come out of hosp, so am slightly less worried (I had too much on my plate last week!), but I have just received their defence and the allocation questionnaire. I was expecting it!

 

Can someone post the link to the online questionnaire so i can type it out and print it, and then do I send a copy to SC&M, as well as take it into court?

 

Also, they mention another 100GBP fee (aargh!) can i claim this back off Lloyds as well??

 

Thanks for any advice (maybe i'll manage to get this soerted before the wedding!)

 

Belle

[BARTY]

Hi Belle

You only pay the £100 if your claim is over £1500, and it is reclaimable off LTSB.

You have to fill your AQ in yourself, you can't print it online, I'll post a couple of links below to help you with it.

If you send a copy to SC&M and the original back to the Court.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Hope that helps.

Barty:)

PS Is this site soooo slow today or is it me??

[BelleVix]

Hi Barty,

 

Thanks for this. Unfortunately i am looking at claiming about £2k from them, so I do need to pay . I wanted to type the forms out on the computer then print them so i can deliver them typed out rather than scrawled in my handwriting .

 

thanks for the links, will have a look now... and yes, the site is *really* slow! maybe it's all the banks trying to work out what we're doing...!

 

Belle

[Michael Browne]

You can download N149 pdf version here:

http://www.hmcourts-service.gov.uk/c.../n149_1105.pdf

 

Be aware that you can't save it, only fill it in and print out. So print off several copies

[BARTY]

Sorry Belle,

I didn't realise you could download AQ forms on computer, doh! You learn a new thing everyday on this site!

Barty:)

[BelleVix]

Hi,

 

I am back a work and seriously looking at this. I got all my charges from my internet banking, so don't have the statements hard copy. If i go down the New Strategy route, can i get away with submitting print-outs of my internet banking? or do i need to request the statements?

 

Thanks,

 

Belle

[BelleVix]

Hi, can anyone advise?

 

thanks,

 

Belle

[GuidoT]

Whether you go down the new strategy route should not be effected by if you have on line or post statements - just go down the new strategy route anyway.

 

SCM made me what would be a full offer for most, quickly after I filed my new strategy AQ.

 

If Lloyds contend that your on line statements are incorrect, then the burden is on them to demonstrate as much. I am sure you have nothing to be too concerned about here.

[BelleVix]

:) thank you for your help!

 

Could someone re-post the link for the allocation questionnaire as the one previously posted didn't work.

 

thanks!

 

Belle

[GuidoT]

Here you go:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-8.html#post481560

 

I checked Barty's post 37 and they worked for me, computers can be a bit moody. If these do not work, then I will tell you where to find them.

[BelleVix]

Hi Giudo,

 

sorry, i didn't make myself clear... it's the link in Michael Browne's post i need so i can complete the AQ online and print it out...

 

thanks!

 

Belle

[BARTY]

Hi Belle

If you have a look at this, there a couple of links on it, one for the N149 on post 2 and one for N150 on post 3:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Barty:)

[BelleVix]

Thanks Barty you're a honey!

 

now for the questions...

 

1. if i use the new strategy on N149, do i just include that draft order or do I also include the statement saying:

 

"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 etc... "

 

2. If i put both in there, can i attach the draft order to the back saying in section G 'please see attached draft order', or does it have to be part of the form?

 

3. this does just go to the court? or do i have to submit three copies as before?

 

any help appreciated - I have until Friday to get it in...

 

Belle

[BARTY]

Hi

I think you do what you have put in number 2, I'm not completely sure as I've never done this, anybody know if this is right??

You should also send a copy to SC&M.

Barty:)

[Michael Browne]

I believe that the case will last no longer than one hour.

 

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 attached draft direction be made into an order.

 

I believe this would bring a rapid end to this litigation.

 

 

Send the AQ to thje court, copy to sols, copy for yourself