Ma -v- Lloyds TSB***WON***

[fairwinds]

Hello,

 

I have been following this site for 6 months, reading a lot and posting 1 or 2 two questions.

 

I started this claim for my friend, she does not have a computer:( , so I thought I would help her out.

 

Everything so far has been exactly as it says on most of the posts and infomation pages. I did use moneyclaim online and now Lloyds have filed a defence.

 

However they have not said that it is "too vague" just a lot of jargon about their services and charges. They say the cahrges are fair and reasonable and it is denied that they are unlawful.

 

Remembering that this is for a friend, and i don't want to make a hash of it for her, I thought I would ask for a bit of help.

 

The court have sent the AQ(small claims track) it all looks straight forward but insection G (other information) is there a recommended statement?

 

Should I be sending anything else with this document? nothing has been asked for, but because I used moneyclaim online I haven't sent them the schedule of charges. Should I do this now or wait until we are asked for it?

 

And lastly:rolleyes: do I need to send copies of anything to Sechiari Clark and Mitchell?

[freebird]

hya fairwinds, yes you should send them a schedule of charges and also copy in SC&m and the courts too.

as for the AQ I'll dig out the info for you

[GaryH]

Did you use the proper MCOL template? If so, I would'nt worry too much about the "too vague" defence. Here, have a look at this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

 

As discussed on that thread, yes, you will need to send a schedule of charges attached to the AQ.

 

Heres the AQ guide notes - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[fairwinds]

Thanks Freebird, it all geta more complicated now:rolleyes:

[fairwinds]

Hi Gary,

 

I did use the proper template, their defence didn't mention "too vague" , that was why I asked what would be correct to send back. I put as many details as would fit in the allocated space. Any ideas?:o

[GaryH]

Ah, I see! Sorry, my mistake - I misread your post, thought you said it DID say too vague. Just ignore me!!

 

Ok, thats good then. All you need do is use the AQ guide notes in the second link I gave you. It will tell you what to put in section G.

 

You can still attach a schedule of charges to the AQ though.

[fairwinds]

Sorry:o this is going to sound dumb! I have read and re-read the links you have sent me, but I am still a little unsure. The claim is not even near to £5k, so do I still need to eplain why the small claims track would be more suitable?

 

On one of the links it says to leave it blank (section G) is that advisable?

[GaryH]

Use this in section G, regardless of your claims value.

I respectfully request that this claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

[fairwinds]

Thank you Gary!!

 

I will keep you posted.

[fairwinds]

Hello evryone,

 

Since I last posted, I have taken the AQ to the court (29th December) and they cashed the cheque on the 5th January. I have heard nothing at all from anyone.

 

Is there something I should be doing now? or just let it run its course?

[BARTY]

Hi

I would give the Court a ring to make sure there isn't a problem, they are very helpful. They are very busy at the moment, so it is probably just a matter of a backlog of cases and you'll have to wait for your court date.

Good luck!

Barty:)

[fairwinds]

Ok thanks Barty, I will do that tomorrow.

[fairwinds]

Just an update folks!

 

I rang the court last week, and was told that it had gone before the judge and he has allocated 30 mins on the 26th April 2007. They also said I would receivie this in writing but as yet nothing has arrived, that was over a week ago.

 

Should I follow this up with another phone call or just sit tight?

[GaryH]

Wait another week - they're very busy aty the moment, as you might imagion! If you still haven't received anything after that then ring again. In the meantime have a good read of the 'Basic court bundle' and make yourself familiar with its contents.

[fairwinds]

Thank you Gary, I will do as you suggest:)

[fairwinds]

Hello,

 

I am getting a little unsettled, on Monday 26th Feb I rang the court again because I still had not received anything in writing. They told me they had sent a letter and could not understand why it had not been received. They said they would send out a copy straight away.... guess what, still no letter. Do I hassle them again?

 

In the meantime, I have mentioned before that I am doing this for my friend, who is on her own with 5 kids and living from hand to mouth on a daily basis. She has just told me that she has be overdrawn again a couple of times in the past month and hit with the usual charges.

 

What should I do now ? do I amend the schedule of charges? I was going to ask anyway if I should be bringing the interest amount up to date before we go to court?

 

I have been reading through the court bundle and I am starting to feel a bit out of my depth!

 

I know this is not until 26th April but I need to sort it out in my head, if you know what I mean!!!

 

Any suggestions?

[GaryH]

Yes, if you still haven't received it then ring them again. Have they got the correct address? May be worth checking just in case.

 

Unfortunately you cannot increase the value of your claim after it issued unless you file a formal application, which would cost £35 and is extra hassle. I would suggest that you start again for the new charges once this claim is settled - they seem to be paying out pretty easily on the second time around, mostly after the LBA.

 

The court bundle is nothing to worry about. Have a read of this thread - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[fairwinds]

Thank you Gary

[fairwinds]

Hello!

 

Good news!

 

My friend (the one I am doing all this for) rang me this morning, Lloyds have deposited the full amount plus interest and court costs in her account.

 

I am sure you will all agree this is great news, especially as we were both a bit worried about actually having to go to court.

 

Now, I think there are some loose ends to tie up, do I ring or write to the court and tell them Lloyds have settled?

 

My friend did not get letters from Llloyds or Sc&m regarding the setlement, but as I mentioned a couple of posts ago, she has had more charges since. Do we start a new claim from the start?

 

Thank you all for your help to date. lets hope we can put an end to this soon.

[GuidoT]

Nice work, to close out go here:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

There is a letter in the link below to inform the Court of settlement:

http://www.consumeractiongroup.co.uk/forum/post-487345.html

 

If you have more charges you need to start the whole process again.

[BARTY]

Congratulations to you and your friend!! :D

Barty:)

[GaryH]

Fantastic, very well done to both of you!!!!

 

lets hope we can put an end to this soon.

We're working on it;)