Need Some Advice Please.

[minty123]

Help !Need Advice !!

 

My other half (now ex)left me badly overdrawn with LTSB,they closed the Account ,still owe £200 can i still claim charges ...

[RCR50]

Minty hi

 

I am no expert on all this stuff however, I would imagine that you absolutely can still claim charges regardless.

 

Good luck.

[RCR50]

Hi,

 

I am just bumping up my last post really (I could not possibly type out their defence as computer is playing up and get cut off after a while).

 

Could I ask again whether this is just a standard defence and what to do next please.....

 

THANK YOU

[GuidoT]

Sounds standard to me, see mine here to save on typing:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb.html#post466483

[RCR50]

Guido, Thank you so much!

 

Mine is exactly the same as yours to the last letter......However, there is a large section in mine that is not in yours......I shall try to type quickly.

 

`Furthermore, the Claimant appears to be misconceived in that the Claimant is seeking a refund of oeverdraft interest, There is no claim for refund of the authorised rate interest as it is contractually due and is a core term of the agreement between the bank and the claimant. As such, the defendant denies that they are indebted tot he claimant for the sums claimed under this heading. The defendent will rely on the case of Emerald Meats (London) Ltd v AIB Group (UK) pLC (2002) EWCA Civ 460, which is authority for the proposition that a customer entering into overdraft arrangement could expect to pay interest ont he basis of the standard practice adopted by the bank.

 

I find this puzzling because I have not claimed for overdraft interest as such.......

 

Unless perhaps, they have misunderstood me in that I mentioned they had actually taken a huge amount for actual overdraft interest, service fees, etc etc.....(to make a point that these were valid - and heaven knows I had paid them enough anyway...) but I was only claiming back `penalty charges and interest incurred on those penalties.

 

I am a bit confused....are they maybe adding this section into their defence of late perhaps....has anybody else received a defence with this included????

 

Anyway - many thanks again Guido...Do I just hang on to hear from the court now?......I will go back to your thread and have a good read - see what I can glean...

 

THANK YOU!

[RCR50]

PS - Guido, Just read your thread - Heavens above (being all dramatic now!) that is all way above me!!!

Loads of good luck....you deserve absolutely to win.

 

Guido, I know that I sound thick - but what do I actually do now at this stage??? :idea:

 

(At least you know what you are talking about!)

 

I don`t have a clue!

 

All the very best - I will keep up with your thread now - waiting to congratulate you.

[RCR50]

bump - anyone?

 

Thank you

[RCR50]

This is what I actually put in my LBA to them regarding the amount claimed.

 

`I calculate that you have taken £*** plus £*** which you have charged me in overdraft interest for the sum which you have taken, amounting to £***. I am also requesting, due to principal of mutuality and reciprocity, contractual interest of £*** - making a total of £***

 

They must know that I am not requesting back overdraft interest per se....They must know that I am asking them to pay me interest on what they took from me.

 

I would be most grateful for any help please.

 

Many thanks - sorry for being a pain!

 

PS Please see post (couple up) of what they have said regarding this......Thank you.

[minty123]

Hi RCR50

 

Will keep you posted..

Have completed MCOL as a last resort as not got anywhere wuith everything else

-are we talking 5 working days for it to be 'Serviced'?

 

Am nervous as hell!!!!!

[RCR50]

Minty, it does not take too long. Don`t be `scared` Your claim might clear that outstanding debt you have with LTSB with some over for you.

 

I am always fumbling in the dark here and if it were not for this site I would not have had the courage to put in my claim.....

 

Photoman did put a link on one of my threads that has the A-Z of any difficulties...I am just going to have a look now myself....You might want to take a look too if ever you get stuck.

 

Good luck and do post whenever you have a prob...I am pretty useless myself but there are always knowledgeable people here to help...You might want to start your own thread which might be more helpful to you.

 

All the best

[RCR50]

I have had a good read around.....Do I just wait for an allocation questionnaire from court now?

 

Am I right in thinking this costs another £100

 

Thank you

 

I see what you mean photoman - This is certainly no `walk in the park`.

[photoman]

Nope,

 

It's no walk in the park...... but there are some good wardens to point you in the right way !!

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

Best of luck to all.

 

PM

[RCR50]

Hi,

 

Could I just ask about something that has been nagging in the back of my mind.

 

If LTSB have issued a defence - I received a copy on the 8th June....does this mean that I do not have to fill in the bottom half of the notice of issue sent to me ages ago......I am thinking that you only fill in the request for judgement if they have not responded......also why does this take sooo long?

 

I have to sort out my `court bundle`- why have I read that you need about 200 sheets of paper or copies of things...that sounds such a lot of stuff....

 

Something else that has been nagging the back of my mind....I did not send copies of the actual spreadsheets - I just listed the dates the amounts charged and reason etc.....is this okay?

 

Is there any way we can hurry things along at all?

 

Sorry to sound stupid.....many thanks.

 

Best wishes

[BARTY]

Hi

No need to fill in the bottom part, this is for when they don't acknowledge/enter a defence.

There is no problem with you not sending the spreadsheets, your list sounds fine.

Give the Court a ring on Monday, see if they can tell you what is happening with your claim.

Barty:)

[RCR50]

Barty hi,

 

Thank you so much for your helpful reply - I can get rid of those nagging doubts now and will give the court a call on Monday.

 

Thanks again - much appreciated.

 

All the best

[RCR50]

Today I received something from the court....it was a Notice of allocation to the small claims track (hearing).

 

It just says that district judge thomas has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 11.00 on the 6 September etc etc etc.

It also includes a notice of trial date.

Is this it for now? - does this just leave me to get my court bundle together?

Very many thanks - 6th September though!!

[christinajanep]

does it ask for u to send any documents in

[GuidoT]

Please post up the wording of the order verbatim.

[RCR50]

Christina - Yes it does. Thanks for your response.

 

Guido - there were two sheets one was simply `notice of trial date`

the trial of the above claim will take place at 11.00 am at Bromley County court

Any application in the case must be made to the court where the case is to be tried.

Please note - This may be released to another Judge, possibly at a different court.

 

The second sheet was `Notice of allocation to the small claims track (hearing)

District judge Thomas has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing will take place at 11.00 on the 6 September at Bromley County Court. and should take no longer than one hour.

The court must be informed immediately if the case is settled by agreement before the hearing date.

Each party shall deliver to every other party and to the court office copies of all documents (including any expert`s report) on which he intends to rely at the hearing no later than 14 days before the hearing.

The original documents shall be brought tot he hearing.

 

Guido - I did not fill an AQ - I have heard nothing from [problem] other than the court sending me a copy of their defence......With wonderful help from Elsinore I have corrected scams assumption that I claiming back all of my authorised overdraft interest - and infact this letter from the court seems to be almost a return of post from the letter I sent them correcting scams presumption.

 

Is any of this anything to worry about at all.

 

Many thanks

[GuidoT]

That order is nothing to worry about, normal stuff.

 

You need to prepare a bundle:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

If you PM me your email address I can send you this:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-53.html#post925834

 

Best to prepare now and get in soonest.

[RCR50]

Guido

 

Many thanks indeed - just to let you know that I have received it.

 

Al the best