Stobbie -v- Lloyds TSB - Now What!!!!

[Stobbie]

Their Defence has arrived! It says, briefly (it is 2 1/2 pages long) that the "Statement of Claim is insufficnetly particularised and is embarassing. "The Particulars of Claim do not comply with the Civil Procedure Rules as they do not identify an account and make no specific allegations agains the Defendant as to why the Defendant should be liable...." " There is no breach of contract, the charge cannot therefore be a penalty consequently there is no requirement that the charge be a pre-estimate of the bank's loss" The charges are fair and reasonable and it is denied they are unlawful" "the charges are for banking services and are not damages nor a penalty" The bank is entitled by contract to impose the charges which are fair and reasonable. The claim is denied in it's entirety.

 

I don't like the sound of this at all. HELP!!!!

 

Hearing date: March 7th 2007

[nicsussex]

See the 1st thread as a sticky in the LLoyds forum and don't panic!

[Stobbie]

Difficult not too panic but thanks for your reply. I know I'm going to sound really stupid now but what's a sticky? I love this forum, it's really useful, but I'm not familiar with the jargon yet sorry!!!

[GaryH]

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

 

What were your 'particulars of claim'? It would be helpful if you posted them up, or indicated whether or not you used the template.

[vastrik]

Hi Stobbie,

 

when did you get your hearing date allcoated? It sounds like you got it with a copy of Lloyds defence and your AQ. i had a copy of SCM's AQ, where they said they are not available to appear in court during December, but no court date as of yet. Have i missed something?

[GaryH]

Good point vastric, I'd missed that. A court date should'nt be allocated untill after both AQ's have gone back. Can you give us some more info please stobbie? We need to know most importantly what you used as your POC, but also how come you've already got a court date? Have you already handed back an AQ?