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Johnny - Just served LloydsTSB


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Morning

 

My Money Claim Online claim is due to be served to Lloyds TSB today. I'm now officially kacking myself. I've read all the guidellines on this site over and over again, and have made sure I've followed the procedures to a tee, but I'm still worried, naturally.

 

I just wanted to post this so that I can ask for what I think which be much needed help over the next few weeks/months

 

Wish me luck please

 

Johnny

Preliminary Approach - 06/10/06

LBA - 06/11/06

Court Claim Issued - 06/12/06

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No need to worry, you're in safe hands.

 

have you sent your schedule of charges to the courts and solicitors? If not do so today.

 

Because you applied online you referred to these charges but the courts have not had sight of them, and the bank/solicitors will pick on this and try to rubbish your claim

 

They'll try to rubbish it anyway but this is something you should do

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Thanks for the reply

 

I haven't sent anything yet. I don't know who the solicitors are yet, my claim is just saying "Issued" on MCOL. Will I have to wait until they're served before I know who to send it to? Also - MCOL tells me that all claims are issued to as court in Northampton. Is this the court I'll need to send the details to>

 

Johnny

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Hi Johnny

Welcome to the LTSB forum!

If you do the following:

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

 

And then send the same when Lloyds acknowledge your claim.

 

Good luck!

Barty:)

  • Confused 1

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Barty,

 

Thanks for that I have just begun the court process and wondered when I should send the court a copy of my bank charges. Will do that this afternoon.

 

Cheers

 

Good Luck Johnny. I am in celebrations mood I won my ERC charges back from GMAC so I feel unstoppable.

 

Lainey :D :D

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Please do not be scared. There is so much support and help on this site it is quite extraordinary. It really would be quite astonishing for something to happen in your matter that had not already happened to someone in this forum. I am not entirely sure, but i understand if you get really stuck you can message one of the moderators directly.

 

Going to court is a big deal and quite daunting. So many people do not go as far as you have in the process. Lloyds knows this and uses it to its advantage - Keep the faith

 

Regards

 

Paula

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  • 3 weeks later...

A reply from Lloyds, dated 22nd December, received 23rd December:

 

"Thank you for getting in touch with us again. I am sorry you are still unhappy about your account charges.

We've already explained that we believe it is fair to charge you for extra services you've requested, as long as you know about the charges in advance. When you didn't have enough in your account to cover a payment, we had to agree to make it by setting up or increasing your overdraft, or tell you we couldn't agree to it. We feel it's only fair to charge for our service in considering and implementing this.

It's easy to keep a running check on how much is in your account. You can et an up-to-date balance at any of our cash machines, over the phone, online and by weekly text to your mobile.

If you know a payment is going to take you over the limit we've agreed, you're welcome to see if we can raise it - and we can usually give you an answer straight away. Again we can do that for you by phone, on line or at any of our branches. There's no charge at all for this.

Generally we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to repay you £515. You may have read that we and the other banks are discussing overdraft charges with the Office of Fair Trading. Meanwhile we do consider each customer's position individually, and we are making you this offer because the amount you're asking for is less that the cost we might face in dealing with your complaint if you took it any further.

I need to let you know that this does not mean we consider we have any legal obligation to do so. This sum will be credited to your account in the next few days.

As I've explained, these charges are avoidable and we would strongly urge you to keep within the limit you've agreed with us or to ask us if we could increase it for you.

This letter is the bank's final response, which means that if you remain dissatisfied you may refer your complaint to the Financial Ombudsman Service. If you decide to pursue your complaint through the Financial Ombudsman Service you must do so within 6 months from the date of the letter. I have enclosed their leaflet that outlines how to contact them.

Your Sincerely

Sally Farrington (Mrs)

Customer Services Officer"

First of all, I'm happy with the £515 as an initial payment but from everything I've read on this site I still intend to pursue the rest (I'm claiming £685 in total). Secondly, how ridiculously patronising is this standard response? I laughed out loud when I read it. They actually forgot to include the Ombudsman Service's leaflet.

I have a couple of question if anyone can help?

1) How should I respond to the bank?

2) What should I do, if anything, with my Money Claim On Line claim? As far as I can see, Lloyds haven't acknowledged anything with ths court as my claim. MCOL says:

"Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply."

Does this 14 days to reply mean that they have 14 days to reply to me or to reply to the court? They had till Dec 25th to reply.

Any help would be appreciated.

Johnny

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Hi

Firstly have a look at this about your part settlement:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

I'm not sure about the MCOL, whether you have to adjust your claim or not, I'm sure someone else will know.

It will come up on MCOL when they acknowledge your claim, maybe with Christmas and the New Year etc they will be given extra time?

Sorry I couldn't be more helpful.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thanks for that. I thought I'd better ring money claim first to see if LloydsTSB's letter to me was submitted to the court. It turns out it wasn't and stroppy yet helpful girl on the phone told me that LloydsTSB hadn't submitted anything bythe 28/12/06 deadline so I can claim a default against them for the full amount.

 

This seems a little too easy. Could it be that the amount I'm claiming wasnt worth their while in court cases and that they thought they'd try to buy me off with a 80% offer? I haven't read any other threads where this has happened.

 

I'll let you know if I hear anything back from MCOL. The judgement will be submitted to court tomorrow morning

 

Johnny

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Hi Johnny

In the last couple of weeks or so before Christmas, they started offering these "goodwill" gestures, I've read of numerous ones on here. Whether it was just a pre-Christmas thing, or if they will continuing offering these, I don't know.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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My default judgement has been accepted. I have the option to start a warrant but I'll give them a week or so to reply to the judgement.

 

Johnny

Preliminary Approach - 06/10/06

LBA - 06/11/06

Court Claim Issued - 06/12/06

Partial Settlement Offered - 22/12/06

Default Judegment Accepted - 03/12/07

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Can anyone tell me if I get the cost of requesting a warrant back if I win? This part's scaring me now as they've already paid up over £500 and requesting a warrant for the remaining £150 seems like a risk

 

Johnny

Preliminary Approach - 06/10/06

LBA - 06/11/06

Court Claim Issued - 06/12/06

Partial Settlement Offered - 22/12/06

Default Judgement Accepted - 03/12/07

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  • 2 weeks later...

Hi

 

I've just received a letter from Her Majesty's Court Service telling me that my judgement has yet to be accepted as they need to query a specific piece of information I have supplied and won't be accepted until I post this back. The point of clarification is:

 

2, Reason(s) for failure:

 

We are unable to register a firm/limited company. Please advise if the judgement relates to:

 

a) Limited company trading as a firm

b) Joint judgment against firm and limited company

c) Firm only

d) LImited company only

e) Firm part of address for limited company e.g accountants or solicitors

f) Other - please specify

 

I'm guessing it's d) Limited company only. The address I gave for LloydsTSB was my home branch.

 

Can anyone help?

 

Johnny

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Get in!!!!!!!!!

 

After sending a letter threatening a warrant for execution, I've just noticed this line on my online statement:

 

29/01/07 SETTLMNT OF CLAIM £151.19

 

A big thanks to everyone for their help!!! and good luck to all of you who are still fighting.

 

Johnny

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