Lloyds TSB - No causes of action? HELP

[FunkyJMan]

Hi All,

 

This is my 4th Court claim, 3 have been for myself and I am doing this on behalf of my parents, however they have recieved a letter from the court this morning and I don't really know how to respond or what they want so if anybody could give me some advise that would be great.

 

I filed this claim online and used the same MCOL template I have used for my own accounts, the only difference with this one is that it is for 3 accounts but on 1 claim, all with Lloyds TSB.

 

This is the letter that was recieved today from the court...

 

 

Upon both allocation questionnaires having been filed

 

IT IS ORDERED THAT

 

The claim is stayed on the grounds that the claimaint's statement of case discloses no causes of action against the defendant. Unless by 4.00pm on 28th December 2006 the claimant files with the Court and serves a copy on the Defendant(s) a further statement of case that discloses a cause of action against the defendant, the claim will stand struck out.

 

Does anybody have any idea how I should reply to this? If you need any more info about what I sent to the court etc then let me know and I will get it all on here.

 

Thanks a lot

Jamie

 

P.S. I looked at this link http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html and wasn;t sure if it was todo with the same thing?

[upton11]

I am by no means an expert, but have you read the template pleadings in the library and cross referred those to what you pleaded in your claim?

No cause of action simplistically means that you have not stated what Lloyds have done wrong in the eyes of the law.

 

If when you check the template you have missed out 'the law' bit, you could/should write a letter to the court asking them to amend your claim to include the cause of action, making sure you cite the applicable law.

 

Do make sure you copy the letter to Lloyds solicitors.

 

To try and ease your concerns, strike out is a very draconian measure and the courts are often reluctant to strike out claims, especially those prepared by a litigant in person, however you must comply with the court timetable, ie 4pm 28th December.

I hope this helps - but i am sure one of the site helpers will be along soon with a more definitive response

 

Regards

 

Paula

[FunkyJMan]

This is exactly what I put for my POC... is this wrong or missing anything?

 

 

 

1. The Claimant has 3 accounts XXXXXXXX,

XXXXXXXX, XXXXXXXX with the Defendant. 2.

Since 01/08/01 the Defendant debited charges

and interest in respect of purported breaches

of contract. 3. Defendant is aware of all

details as a list of charges has already been

supplied. Another copy will be sent. 4.

Claimant contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to levy

such charges is unenforceable under the

Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of £3737;

(b) Interest per S.69 County Courts Act 1984

of 8% - £560.94 continuing at 8% until

judgment or settlement at a daily rate of

£0.82; 6. Alternatively, if the charges are a

fee for a service, then they must be

reasonable under S.15 of the Supply of Goods

and Services Act 1982. 7. Costs allowed by

the Court.

 

 

I thought that was all that was needed? Have I made a mistake somewhere or has the Court made an error?

 

Thanks Jamie

[upton11]

Although you have cited the law it would appear that you have missed the narrative as to why the charges are unenforecable. As advised, I pleaded the following:-

 

' the charges debited to the account are punitive in nature; are not a genuine pre estimate of cost incurred by the Defendant; exceed ay alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in repsect of such charges with a view to profit'

 

The above expands upon your point (a) above, perhaps you could mention this when you write to the court

 

I hope this helps

 

Regards

 

Paula

[FunkyJMan]

Thanks Paula, will get this ready to pop into the Court on Monday, was getting a bit worried as hadn't seen that letter before.

 

Thanks

Jamie