I won! Oh and there's an article in the paper about it!

[GaryH]

Hi Nena,

 

Don't celebrate too soon! They always leave it till the last availibile minute to file a defence.

[Nenastar]

Well, its gone close of business and no defense has been made. Will check back in the morning, but looking good.

 

Whats the point of acknowledging the claim if you're not going to defend it?

Surely if they had no intention of defending they may as well have paid up earlier.... Don't mind, interest interest....

 

We'll see.... I guess it could be that money claim just haven't updated their records yet.

[GaryH]

The latter is by far the most likely - it can take a day or two to appear. Even if they file it late though the court will still allow it. Or even if somehow your claim has slipped the net and they don't get one in at all, they will still apply to get the judgement by default set-aside as soon as the court notifies them. Which will succeed, unfortunately, and they will then enter a defence.

[Nenastar]

I don't understand. Surely if they acknowledge the claim and they don't get the defense in on time, they lose?

How long far will they take this before giving in?

Cheers for the replies Gary!

Nena

[GaryH]

I don't understand. Surely if they acknowledge the claim and they don't get the defense in on time, they lose?

 

Thats the way it should be probably but no, does'nt work like that I'm afraid. They could use any old excuse for not filing a defence on time - lost in post, etc, etc. If they did'nt get a defence in and you applied for judgement, they could then apply to get the judgement set aside, on the grounds of an excuse like the above.

 

How long far will they take this before giving in?

 

Not too far off now, but don't be surprised if its still a month or two. After they eventually get the defence in you will get an allocation questionnaire from the court, which you will have to return within a couple of weeks. You will then get a court date for around December/January (depends how busy your court is), and a settlement will most likely come around a month before the court date. Nothings set in stone of course, I'm just giving you a realistic idea based on how the claims are developing lately. Whatever you do, don't let them grind you down - thats exactly what they're hoping for. You will get there in the end, it just takes a bit of patience, plus just think of all that interest mounting up daily!

[Nenastar]

Darn.... Confused again.

Just tried to file a judgement (there still seems to be no defense made) and it says I can't do it.

Claim was served 29th September. Surely 27th October is there last day? Says nothing about it being 28 working days....

 

Is it that they just do not update the records over the weekend?... Even so, the service should be automated.... Apparently, they can still put in a defense if I haven't filed a judgement, so even if they do eventually try to get a judgement set aside, I'd still like to get it done.

 

Ahhhh, I'm confusing myself now... I'ma go enjoy my weekend and deal with it on Monday!

Nena

[GaryH]

The 28 days starts from the date the claim is deemed served, which is usually 2 or 3 days after the date of service.

[Nenastar]

Hi Gary (and others)

Well, as expected, Lloyds entered a defence. I'm a little confused about what they've written in it and was wondering if anyone could help me out? I could scan it in and email it to someone maybe.

I know it's really cheeky asking this, but I feel I'm in the deep end here and I really don't want to lose to them at this stage. I've got until the 18th November to get my allocation questionnaire in and I'd really like to know what I'm getting myself in for before sending it off.

 

Lloyds (or rather their solicitors) have mentioned something about the particulars of the claim not complying with the civil procedure rules and my claim does not fully identify the account in question (I provided my account number and i sent a breakdown of charges to money claim).

It also says that the defendent should be ordered to file and serve an amended claim to set out the basis in law and fact for her claim as there is no real pleaded basis for the claim itself.

It goes on and I have no idea what they're on about!

HELP!!!! lol

Thanks in advance,

Nena

[adkchum]

8)

Edited August 14, 2008 by adkchum

[GaryH]

Is it this defence Nena? http://www.consumeractiongroup.co.uk/forum/lloyds-bank/43282-crimson-giant-lloyds-tsb.html#post344020

 

Don't panic, this is'nt anything out of the ordinary. Its designed to try to 'scare' you off remember!

 

You say you sent a schedule to moneyclaim, yes? And what were your 'particulars of claim', did you use the template?

[GaryH]

If you used the moneyclaim template from the library as your particulars and included your account number in it, and you sent a shedule to the court as you said, then take no notice of the defence, they're just trying it on. Add this and a copy of your schedule to the other information section of your AQ and carry on as normal. You may need to attach a seperate sheet if it won't fit in the box. If so, type it up as follows:

 

 

 

ALLOCATION QUESTIONNAIRE N149 / N150

 

 

Section G / J Other information

 

The claimant notes the defence of the defendant in which it 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 common law and statutory 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. For the sake 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.

 

 

Also, before you return it to the court, take a copy of the AQ and attachments and send it to SC&M, and keep a copy for yourself.

 

If you did'nt use the template as your particulars or did'nt include your account number, obviously don't use the above. If this is the case then can you post what you did use as your particulars please?

[Nenastar]

Hi Gary,

I used this template:

 

Claimant has account (A/C No-sort code) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

I sent the breakdown of charges to money claim after filing it, but didn't send it to SC&M.

I shall however do as you have suggested, copy what you have written and send a copy to SC&M.

 

Thank you... Yet again!

 

Nena

[GaryH]

Thats fine then. Just send your AQ and attachments to the court and SC&M and carry on as normal. SC&M will send you a copy of their AQ soon which will request a one month postponement to 'negotiate a settlement'. Let me know when you receive it, as there is a letter you can send in responce.

[Nenastar]

Hi,

Haven't sent off the AQ yet (will do that in the morning), but had a "General Form of Judgment or Order" from Cardiff County Court yesterday, saying the following:

 

"Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT:

1. Directions will be given in this case by the Designated Civil Judge, His Honour (Judge's name), on the 21st December 2006 at 10.30am at Cardiff Civil Justice Centre (then address)

 

2. The parties may appear in person or make written representations as to how the case should proceed provide a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing."

 

 

Any ideas on what on earth is going on?!!?

 

Thanks,

Nena

[GaryH]

Its a case management/allocation hearing. All the Welsh claims are receiving exactly the same order at the moment, in fact they are all probably on the same day. One other I can think of off the top of my head is 'stadium arcadium', do a quick search and find her thread or get in contact with her by PM, it'll definately be useful to confer with someone in the same position as you. I think its just going to be a case of re-iterating what you've already put down in your AQ - ie, the claim should be heard on the small claims track and you request an order of standard disclosure to be made. Whether you want to go in person or not is up to you. As you can see from the order you do have the option of making a written statement instead if you want to, which you will get help with should you need it, but I would definately consider going in person if I were you. Nothing can be won or lost on that day, so there's no real pressure, and besides small claims court is'nt anything to fear. Its designed to be informal and accessible to everyone without the need for lawyers and the hearing is held in an office type room rather than a typical 'courtroom'. In fact it'll be a good introduction to the small claims court process. Its a pretty safe bet that Lloyds won't be their either. You've got a while to think about it anyway, its still quite a way off yet. Just get your AQ in for the time being.

[Nenastar]

Hi,

Any chance someone could post SC&M's address for me?

I've lent my defence with their address on it to someone who is looking at the case for me and I haven't written down their address.

They seem to have several addresses online and I'm not sure which one to post a copy of my AQ to.

Sorry to be a pest!

Nena

[elsinore]

Sechiari Clark & Mitchell

Department SO

P O Box 499

Lower Ground Floor

1-5 Queens Road Quadrant

Brighton BN1 3XJ

 

Elsinore:)

[Nenastar]

Thank you!

[Nenastar]

Lloyds settled my claim!

 

South Wales paper did an article on it. Mentioned this site too.

 

Here's the link for the article:

icWales - Mum wins £1,000 in battle over 'excessive' bank fees

 

 

Thank you all so much for all your help. I am so grateful!

 

Nena

[tunecookie]

Congrats!!!!!!!!!!

[BARTY]

Congratulations!! :D Great story!

Hope you and your little ones have a great Christmas!

Barty:)

[Bookworm]

Banks should be able to charge what they want if someone exceeds their agreed credit limits. So long as it is all made clear to the customer in the first place I don't personally see it as unfair. If someone oversteps the agreed terms with their bank, they have to pay for that.

 

 

 

And CONGRATULATIONS, by the way!!!

[Mindzai]

 

 

And CONGRATULATIONS, by the way!!!

 

What a reasonable, balanced and sypathetic view!

 

Congratulations on the win!

[GaryH]

Well done Nena, congratulations!!!!!!!!!!!!!!!!! Plus a bit of media exposure to boot, excellant job!

[angry cat]

Excellent...Wonderful....

CONGRATULATIONS.

 

Love AC