Omg!!! It's In My Account **i Won**

[Katel30uk]

I've received a letter fromLTSB today which I think is in response to my prelim letter (I have already sent my LBA last week as I hadn't had a reply by the time the 14 days was up).

 

It looks like the usual bumph from Musarat Siddique, Assistant Manager, however there is a paragraph which states:

 

"You've mentioned the new guidelines from the Office of Fair Trading on credit card default charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines only concern 'default' charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard pricdes for the service we provide in these situations. So according to our legal experts, the OFT's guidelines on credit card default charges do not in any way apply."

 

It goes onto say that this is the bank's final response, yada, yada, yada...

 

Is the above paragraph a standard response and are the highlighted sections right? The charges I am trying to reclaim are for my current account, NOT a credit card???

 

I'm confused!

[sidvicious]

yep.just more time wasting jargon.stick with your timeline.

[Katel30uk]

Thanks, I thought that was probably the case but wanted to check. I've posted the full letter on Reload's template letter thread.

[Katel30uk]

It's now 14 days since I sent the LBA and now I need to sumbit my claim via Moneyclaim. Do I have to do this straightaway or can I wait? The reason I ask is that my husband hasn't been paid his overtime this month and I really can't afford the £120 fee needed (claim is for approx £4.5k). He gets paid again at the beginning of October and I can do it then but will I jeopardise my chances of claiming my money back if I wait this long?

 

Thanks

[bearo]

no you can wait as long as you want - afterall this is your timeline! - anyway it just shows the judge that you were giving the defendant longer to reconsider!

Not sure if you know that if you have working tax and child tax credit you are exempt from court fees (none of my business of course just that i didnt know either until someone told me) - of course you may not even get tax credits for all i know lol! Sorry for seeming nosy - just trying to help!

Sharon

[Katel30uk]

Thanks Sharon, that's really helpful.

 

I've already looked into whether or not we're exempt from fees but sadly we have to pay them in full.

 

K x

[bearo]

bummer! well ok then wait until the other half gets paid - at least you will get it back so its no so bad! Good luck with your claim!

[Katel30uk]

Thanks. And good luck with yours too.

[morgan054]

The fee you will have to pay to the court will depend on the amount you are claiming, including interest. You will have to pay a court fee unless:

• you or your partner receive Income Support;
  
• you or your partner receive Pension Credit guarantee credit;
  
• you receive Income-based Job Seeker’s Allowance;
  
• your gross annual income is £15,050 or less, and you receive Working Tax Credit with a ‘disability element’ or ‘severe disability element’;
  
• your gross annual income is £15,050 or less and you and your partner receive Working Tax Credit and Child Tax Credit between you;

If you show that the payment of a court fee would involve undue hardship to you, the Court Manager may reduce the fee or “remit” (say you do not have to pay) the fee.

For further information, or to apply for fee exemption or remission, ask the court staff for a copy of the combined booklet and form

EX160A - Court Fees - do I have to pay them?

This is also available from any county court office, or from our website

www.hmcourts-service.gov.uk

. You will have to make a separate application for each fee that is payable.

[Katel30uk]

Hello all, it's been a busy months so I haven't been on for a while.

 

Anyway, I finally submitted my claim via Moneyclaim website this morning, it feels GOOD! I should have submitted it 4 weeks ago when they failed to respond to my LBA at all, never mind within 14 days, but being skint last month meant I had to wait until today.

 

So I guess I just sit and wait now and twiddle my thumbs!

 

I'm off to update myself on who else has gotten money back from LTSB as well as Saj, what an inspiration!

 

K x

[Katel30uk]

Hi, sorry I forgot to ask now that I have submitted my claim do I need to send another copy of my Schedule of Charges to Lloyds TSB and a copy of the spreadsheet calculating the 8% interest I am claiming and do I need to send a copy of this to the court as well once I receive notification as to which court it's going too???

[Michael Browne]

Send 2 copies to MCOL clearly marked with your claim no. + brief covering letter

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

[Katel30uk]

Hi Michael, thanks for that, I'll post them tomorrow. I assume one of the copies will then be forwarded to LTSB with the claim, is this correct?

 

Thanks again

 

K

[Michael Browne]

That's the theory.

[Katel30uk]

Well it's started, I received our Notice of Issue this morning and it says that the claim will be deemed to be served as of 15 October. I suppose I just have to sit and twiddle my thumbs now and wait for them to file their standard defence.

[Katel30uk]

I finally feel as though something is happening since I received this this morning.

 

I know I now need to wait and see if they file their standard defence and wait for an Allocation Questionnaire etc but can someone tell me exactly what the AQ is and under what circumstances it needs to be completed. I've read up on this subject until I'm blue in the face but this is the one thing I can't quite understand.

 

Thanks x

[skbuncks]

Hi Katel

 

The A/Q is used by the court to determine which track your claim will be allocated to, ie the small claims of fast track. This is generally determined by the size of the claim, so for less than £5000 its the small claims. The form itself is very easy to fill in, a template of which is in the library.

 

When you file your claim the defendant (lloyds) has 14 days in which to acknoweledge the claim and then a further 14 days in which to submit a defence. Once a defence has been submitted (usually at the last minute) then you will be sent the A/Q form together with a copy of their defence. At this stage you claim is also moved to your local court. Then just fill it in and return to the court by the deadline. A hearing date will then be set

 

skb

[Katel30uk]

Thank you. I didn't realise it was as straightforward as that. The claim is for more than £1500 so I guess that will be another £100 to pay out, unless Itry and do as otheres seem to have and call their solicitors to see if they are willing to settle before the AQ needs to be returned...

[Katel30uk]

Thanks for your reply too Skbuncks, it is less than £5000 so I guess it will be small claims.

[Katel30uk]

Well the claiwas served on 10 October and I've received a copy of the Acknowledgement of Service this morning saying that they're defending the whole thing. Time to sit and twiddle my thumbs for the next 28 days until they submit their defence. Is there anything I should be doing in the meantime???

[Katel30uk]

Can anyone help with this please. My claim against Lloyds was served on 10 October via Moneyclaim and it said that it would be deemed as being served five days from that date (15 October). However, LTSB acknowledged the claim on 12 October. I know they have 28 days from the date of the claim to submit their defence but in this case would it be 28 days from the date they acknowledged the claim (which would have been today) or 28 days from the date Moneyclaim originally said it would be deemed as served, 15 october, in which case 28 days would be on Sunday?

 

If the 28 days is up on Sunday does this mean that they will have to file their defence by tomorrow night?

 

Help!!

[BARTY]

Hi

It is 28 days from when it was served. Expect LTSB to put in a defence at the very last minute.

Good luck!

Barty

[Katel30uk]

Well, true to form LTSB have waited right until the last minute and submitted their defence, disputing the full amount claimed.

 

I presume I just sit tight now and wait for the case to be allocated to a local Court and for them to send me the allocation questionnaire.

 

I know some people have contacted Sechiari, Clarke and Mitchell once they have received the AQ and they have agreed to settle at this point? Is it worth me trying this and can anyone point me in the direction of any other posts whereby the poster has done this?

 

Thanks and hope everyone else's claims are going well.

 

K

[GaryH]

Hi K,

 

A good time to contact them is when you receive a copy of their AQ. They will inevitabily have requested a months stay to 'negotiate a settlement'. You can them contact them and say - 'well go on then.... settle!' I wrote a letter for this purpose which is posted on a few threads, including here - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/26845-midge61-lloyds-3.html#post355771. Use it if you like, or something simular, and send a copy to the court as well.

[Katel30uk]

I've received a copy of their defence today along with the allocation questionnaire.

 

Amongst all the usual blurb is the folowing paragraphs:

 

2. The particulars of Claim do not comply with the Civil Procedure Rules as (amongst other things) they do not fully identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £XXXX is arrived at and the Particulars of Claim are too vague.

3. The claimant should therefore be ordered to file and serve an amended claim to set out the basis in law and fact for their claim as there is no real pleased basis for the claim itself. The claimant should give full particulars of the bank account and the charges they are seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case they allege it is a disproportionate penalty and thus unlawful.

4. The defendant should then be given the opportunity to defend the proceedings further.

 

I don't understand this? I send a full schedule of charges with both my preliminary and LBA and also an additional two copies to Moneyclaim. Are they just playing silly buggers and what should I do?

 

The AQ has to be returned by 2 December, is it worth ringing Sechiari Clark & Mitchell prior to this to see if they are willing to settle? I'm pretty sure others have done this but I can't remember which threads they were on.

 

Thanks :?