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


Katel30uk
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Hi there! Got the exact same defense from Lloyds. Even though I did provide details same as you, if you follow Diane Harris thread you will see the replies I got, basically ignore it! There is some useful information posted in my replies as to what to put on the allocation questionaire. Good luck. I was in a right panic till I got some replies but feeling more confident again now. I did forget to put the bank account number on the online claim but this shouldnt make any difference as it was on the schedule of charges I sent to the court and to the bank previously. Let me know how you get on.

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The correct information for making a solid claim is on this site, you will need to do a lot of reading and self help.

It will cost you £35 to adjust your claims.

There is enough information on this site to have completed your claims accurately to be accepted by the defendant.

The wording is supplied on here for the POC for MCOL or An N11 form. Both pieces fit in to each section and all you needed to do was adjust your own details.

 

Have a good read of this site before considering starting action against any other claims.

BL:)

Reading through the link below is a good start.

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

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If you did'nt use the correct MCOL template which states the statutory and common law basis of the claim, you need an amendment.

 

If you used the template but did'nt send a schedule to MCOL, send a schedule to the court and SC&M ASAP, then use the AQ response below, but take out the bit that says you previously sent your schedule to MCOL.

 

If you used the template and sent a schedule to the MCOL court (Northampton) I would suggest responding in your AQ with this;

 

ALLOCATION QUESTIONNAIRE N149 / N150

 

 

 

 

Section G / J Other information

 

The defendant in its defence contends that this claim is not suitably particularised and the statement of claim is “embarrassing” and shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the statutory and common law provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, contrary to the contention of the defendant, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court on the day of issue for inclusion alongside the claims particulars. Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. In the interest of expediency, I have attached another copy of the schedule to this allocation questionnaire.

 

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

 

Follow the above with the guide notes from the templates library, ie, the request for allocation to the small claims track and for an order of standard disclosure.

 

There will not be enough room for all this on the form, so attach a seperate sheet, ensuring that your claim details are marked at the top. Also, make sure you attach a schedule too, and send a copy of the AQ and the attached sheets to SC&M.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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hi

ive had the same defence from lloyds and i suspect im feeling just as they wanted me to, panicky and unsure that ive done the right thing. i dont feel my claim needs to be ammended so i will send the aq back and enter the above, thanks gary, i feel much better knowing other people are getting the same response

karen

cap one - prelim letter sent 23/8 £460 owed

partial refund, now sod off letter received 6/9

lba 5/10, claim served 30th jan,

CAP ONE SETTLED IN FULL 15thTH FEB!!!

 

 

lloyds card services - prelim sent 23/8 £332 owed

sod off rerceived 25/9

lba 26/9

claim issued via mcol 13/10

awaiting papers from SC&M

court date set for 26th March

 

 

nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.

non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!

5/10 lba sent for pre action disclosure

settled in full 2.1.07

 

 

 

cahoot - Data Protection Act sent 7/8 on hold for a while

 

Tesco - prelim sent 6/10 £200 owed

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Yes, thats a standard defence, they issue that one for every MCOL claim. In some cases where the correct 'Particulars of claim' template is not used, an amendment is necessary. In most cases though, there is no need for an amendment. The MCOL template specifies the common law and statutes relied upon and is perfectly adequate. Lloyds defence is mainly an attempt to put you off, so don't let it!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Hi everyone, this is my first post on this forum, wish I'd discovered it sooner as I could've saved my self a bit of hassle, I filled out my claim against Lloyds TSB using Money Claim online. Nothing further has been sent by me. As you are limited to how many lines and words you can use I couldn't make my POC more detailed so would admit with hindsight that they are probably vague. I also didn't put my account number on so thats proably a double boobie on my behalf.

I've got the stock response as detailed on this thread and wonder where I go now. I'm determined not to let the bank of the hook but am finding it hard to find my way around the site. Where for example do I find the MCOL Template? What is SC&M?

 

Any help or pointers would be appreciated.

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I think I've WON! :D

 

My AQ is due back in on Friday so I rang SCM this morning to see if LTSB would be prepared to settle. I was told that he couldn't find my file but that they wouldn't settle and I should just send in the AQ.

 

Ten minutes later a copy of their AQ arrived in the post saying that they were asking for a further month so that they could attempt to settle the claim by informal discussion etc.

 

Cue me ringing back and saying wasn't this rather contradictory as that was precisely what I had just tried to do. He blethered on about how they need time to make sure that the charges are correct and that you haven't tried to claim o/draft interest (which according to him you can't claim). I told him that as an intelligent and well educated woman it was quite obvious that I had researched all my facts before starting the claim and that they had had more than enough time to check the figures.

 

At this point my file miraculously reappeared and lo and behold there was a note on the bottom of it to say they would refuld all charges but that I had to have a review meeting with the branch. I asked "does this mean they are prepared to settle the claim in full?" his answer, "yes!".

 

He said they would send a letter out in the next week but I said that if it hadn't arrived by Thursday then I would be sending the AQ in anyway. He has said they will fax it to me before that so we shall wait and see...

 

Hopefully it will all be sorted soon and a very Merry Christmas shall be had.

 

Thank you all SO MUCH for all the help and advice. If someone can tell me how to go about donating I shall be doing so as soon as I receive my money.

 

 

:D :D :D

 

P.S. here's links to my previous threads

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/23390-katel-lloyds-tsb.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/46765-ltsb-defence-can-anyone.html

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Well done katel, congratulations!!!

You will find a link to donations in my sig at bottom, but wait until you get your money fist lol

Merry Christmas

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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congratulations katel30uk you must be chuffed!!

The Journey So Far. . . .

28/08/06 - Data Protection letter sent

03/10/06 - Satements received

03/10/06 - Preliminary letter sent

21/10/06 - Letter Before Action sent

04/11/06 - Claim registered on MCOL

14/11/06 - Claim acknowledged

29/11/06 - Claim defended

30/11/06 - AQ completed and sent

06/12/06 - Settlement letter promised by SC&M Solicitors

08/12/06 - Full settlement offered with terms - deleted these and returned

24/12/06 - Full settlement received in my account!!

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Thanks Bookworm, makes is much easier to follow. :D

 

I feel almost sorry for SCM as I am now going to plague them until I receive the letter. If I receive the letter before AQ needs sending back (I would have to post it on Thurs) do I still need to send it back as the money probably won't have been received by then, if you see what I mean???

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HOORAY!!!!

 

I've just received the settlement letter from them by fax and they've apparently sent the original in the post. They've settled in full (plus more, further interest I presume). Apparently, once I fax back the signed offer letter they'll action it and the funds should be in my account within 5-7 working days.

 

My only concern is that the AQ is due back in on Friday, should I still go ahead and submit this just in case or are they bound by the terms of their offer letter?

 

A very :D Kate!

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They could, of course, renege on the offer and if you don't put in the AQ on time the case would be struck out and you would have to re-file. But in that case they would have a very hard time expalining away the offer letter next time round. On balance you're probably safe not returning the AQ.

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A question for those who have been succesful with their claims. I received my offer letter from SCM yesterday and have faxed it back to them this morning. They have told me that it will take a couple of days for them to get it back to LTSB and then a further 5-7 working days for funds to be allocated to my account, so in total 7-10 working days or a fortnight today.

 

She did say that this timescale is what they have been advised to say by LTSB but I wondered if anyone had received their money any sooner than this. I can't underatsnd why it takes so long?

 

Thanks K x

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