Lloyds taking me to court! (Same time as my claim was sent.)

[uberzoldat]

So sorry if this has already been covered, but I have run several searches and can't seem to find anything.

 

I sent my initial claim letter to Lloyds on the 20th April, giving them 7 days to respond. A letter arrived on my doormat yesterday from their solicitors, dated 26th April. It says that an amount over the agreed overdraft limit is owed to them, and that unless they receive payment within 7 days they are going to start court proceedings.

 

The account in question has been excessively charged, thus overdrawn. I need to contact them to halt their own claim because the account is already legally in dispute. (Correct me if I can't in reality do this, someone?)

 

Is there anything that I should/should not be saying to them please?

 

Any help on this matter is greatly appreciated.

[alanfromderby]

I would suggest writing to Lloyds solicitors saying that you dispute the amount they are claiming as it contains unlawful charges. Inform them that you have written to Lloyds regarding the matter, and that should they decide to continue with their action you will be issuing a counterclaim.

 

Having said that, I am concerned that you say you have sent an "initial claim" only giving them 7 days. The reason the template gives 14 days is to avoid a defence by the bank that they were not given enough time to respond. Seven days is tight - especially during a period containing Bank Holidays.

[uberzoldat]

Thanks for your input. They were given 7 days from the receipt of the letter. I have been informed elsewhere that that is plenty of time for them.

[Tinkerbelle]

Informed elsewhere???

 

Here we suggest for 14 days.

 

We are happy to help people on this forum, but we do expect themtto follow the guidlines provided for a reason. They are for YOUR benefit.

[Guest Lueeze]

You need to give them 14 days prelim letter, then 14 days Letter before action then Claim in court if still no luck.

 

7 days would not be deemed reasonable by the court probabally, and thus you may open yourself up to a defence and loose.

 

Some people use 7 days once they have had a definate response saying the bank are refusing to pay full stop. But they only do this after the Prelim sent out and the LBA sent to follow!

[dave]

14 days is acceptable, but in some cases the CPR says that one calendar month should be given.

 

Which is why we have the two 14 day letters.

[turbo]

I have just been on a course "collecting money through the county court" which was run by a practising barrister. I mentioned that I had issued a letter requesting payment etc and had the brush off. Responded with a 7 day LBA which Lloyds had responded with a get lost letter. She felt that the 7 day letter would not prejudice my case, although 14 days would be better. The protocols are there, but 7 days is not unreasonable for a company to respond.

 

I will let you know how I get on, defence filed, allocation form received, have till 14 May to respond but building evidence for a hearing if needed. If you get that far make sure all documentation is in triplicate, so that the Judge and bank can have copies in court. Even better if you send them to Judge and bank before hearing.

[jbh130]

[kingofkings]

Not sure how many days you need, as I got a letter from LLoyds Solictors today, asking me to reply within 10 days from date of the letter or they will seek court action for the amount outstanding on my account. This is after Lloyds lost all my paper work and I had to contact their solictiors with all the information again about unlawful charges, but now they are informing me they will be taking me to court if i do not pay my full balance.

 

So if Lloyds Solicitors can only give you 10 days, why should we give them 14.

[uberzoldat]

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