Jump to content


DBR joint accout vs Lloydtsb


daisy_bumbleroot
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5298 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ive started a new joint account thread because my questions keep not getting answered on the old one - praps the thread title is wrong? (*sob!*)

 

Basically the joint account is an old billing account of mine ive had for about 10 years, that was converted in March 2005 when my boyf and I bought a house together, to use for our bills.

 

We've so far ammassed £580 in charges.

 

I didnt send the DPA letter as i was able to get all the charges from my online banking statements.

 

Prelim letter was sent 31st Oct, LBA letter sent 16th November.

 

Theyve therefore had time o plenty to reply, and now that my boyf has just recieved £750 from the kind folks at Lloydtsb, we have now plenty of coin to file the small claim.

 

I want to go down the mcol route and would like some advice please.

 

1 - Ive been sending the letters so far in just my name, but i understand that as its a joint account the small claim has to be done in both our names. is this right?

 

2 - On the mcol do can i put "Mr AXXX and Miss PXXX" in the surname and "CXXX and PXXX" in the forename or do i have to do it differentley because we arnt an individual, we are individuals

 

3 - do I put in the particulars that the account has been open for 2 years or the 10 that the account has been open in total?

 

Any responses would be greatly appreciated as i want to get this moving along asap.

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

Daisy Hi

 

Unfortunately I did not file by MCOL -however i would - on your POC start off as you would if were just your account, with the start date of 10 years ago etc . Then just add an extra paragraph/sentence stating that the account name changed to Mr .....& Miss........ with effect from ../../.. and confirm that the account number has stayed the same.

 

Regards

 

Paula

Link to post
Share on other sites

Daisy Hi

 

Unfortunately I did not file by MCOL -however i would - on your POC start off as you would if were just your account, with the start date of 10 years ago etc . Then just add an extra paragraph/sentence stating that the account name changed to Mr .....& Miss........ with effect from ../../.. and confirm that the account number has stayed the same.

 

Regards

 

Paula

Thank you Upton11!!!

 

So just to clarify - I file the Mcol as

Surname : Miss PXXXXX

Forename : CXXXXX

 

and add in a little paragraph to effect you mentioned?

 

Okies, off i go :D

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

Daisy Hi

 

Problem is I have not seen MCOL. Is there not space for two names in the Claimant section? If there is, put both names, and set out the chronology of the account in your first paragraph in the POC.

 

Clearly if there is only room for one name, then put just yours

 

regards

 

Paula

  • Haha 1
Link to post
Share on other sites

This is what Ive put for the N1 bit - some more questions though!!!

 

Claimants have an account 77-71-43 33924068

with Defendant from 2005 conducted on their

standard terms and conditions. Claimants are

claiming the return of £580.00 by Defendant

in charges over 2 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. Claimants claim interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from 3rd October 2005 to

8th January 2007 of £19.25 and also interest

at same rate up to the date of judgment or

earlier payment at a daily rate of 0.13p

 

Im not sure there is enough room for me to explain that bit about the account once being mine, but Ive put both our names on the claimant section. I hope this is ok? can anybody please clarify? (i appreciate upton11's help *thank you* but just can someone else give thier 2 penneth please?)

 

Also - in the claim amounts section do i fill in £580 or £599.25 (ie with the extra interest)?

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

Hi Daisy, are you determine to file on MCOL. It seems to me if you just use the N1 you could get everything you need in.

 

If you claim sets out that the account was started in 2005, i do not see how you can claim back further in time.

 

I understand your desire to issue asap, but to not get it right now, may only cause you real problems later.

 

Regards

 

Paula

Link to post
Share on other sites

Hiya

 

Sorry bout the confusion!

 

The account was converted in march 2005 and the charges were from May 2005. When I had it previous to it being converted, it didnt get any charges on it, its only been since its our joint account (starting up a home together meant money was tight and Lloyds TSB thieving off us every other month didnt help)

 

Can someone else please have a look and advise please?

 

(Thanks Upton11!)

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

One question regards joint accounts. Ive been reading other ppls threads and when it comes to COURT BUNDLE, it says you have to send you statements. What if your missing some, will a print out from the internet suffice?

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

  • 1 month later...

Hi there everybody

 

My boyf and I decided to leave the joint account til after my solo account one had won, plus when we had a bit more cash to cover costs. Well I sent my AQ for my solo account today and so am ready for the joint account.

 

Now, its Been AGES since i sent the LBA and prelim - last year. Does this matter, should I send another LBA, or is it ok to just go ahead and file a small claim even though its been 3 months since LBA?

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

Cheers Barty! Then I can be sure that I've given them plenty of opportunity!

 

Do you think i should mention in my LBA that this is thier second chance sunday?

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

ARGH! Waited til today to see how much in charges would go out and there is £140. My boyf got charged £90 too, so thats all his wages gone in charges!

 

Anyway, just added it on and sent the 2nd LBA as a reminder that we are coming for them.

 

(My AQ cheque for my solo account got cashed today so we are counting the days!)

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

  • 4 weeks later...

The swine have taken another £70!!!

 

So, Ive written a new prelim to ask for it back :D

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

  • 2 weeks later...

Oh it is so frustrating isn't it? I see all these people who issued at the same time as me get their settlement letters, and we have got jack-all!!

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Link to post
Share on other sites

Oh it is so frustrating isn't it? I see all these people who issued at the same time as me get their settlement letters, and we have got jack-all!!

Its LTSB, stupid idiots that they are, they cant see that by dragging thier heels its costing them more and more and more. Why dont they just admit and pay up FFS. Morons.

 

On the plus side though dolly, its like one big, high interest savings account for us :D

 

For a laugh, i might just start writing letters to scm,coz if they write me back each time, its gonna cost LTSB about £50 a go :rolleyes: coz i dont care, im not a shareholder, Im not stupid enough to invest in thier stupid bank!!!

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

  • 2 weeks later...

It says on MCOL - defence 30th March, Ive not heard ANYTHING from ANYONE yet... no defence paper, no AQ sent, no change of court and most importantly - no refund...

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

Hi

Does it say that they have entered a defence on MCOL and the claim cannot proceed online or something like that? If so you should get a copy of it in the next few days.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

Link to post
Share on other sites

Hi

Does it say that they have entered a defence on MCOL and the claim cannot proceed online or something like that? If so you should get a copy of it in the next few days.

Barty:)

Hi Barty

 

I rang MCOL just now. They said its getting transferred to Derby and I should recieve the defence and whatnot in any day :)

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

The swine have taken another £70!!!

 

So, Ive written a new prelim to ask for it back :D

Madness, we got a letter from them dated 26th March saying they'll give us it back within 5 days... Still not in the account though.

 

AQ arrived for 1st claim at home yesterday :) so will be filling in that puppy and dropping off at the court tomorrow afternoon.

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

OK - Got home to Derby from work yesterday... 2 things

 

1 - They paid back the £70! Hurray!

 

2 - And I got the "Notice of Transfer of Proceedings" for the court date, and weirdest thing... it goes like this

 

A defence to this claim has been filed

The claim has been transferred to the court covering the area where the claimant lives or carries on business

Please read the accompanying documents carefully...

 

(The bit that normally says and note that the allocation questionnaire should be returned to the Derby County court has been crossed out!!!)

 

 

Wicked!!!

 

 

The defence is a 9 point defence. In fact I cant read half of it because whichever bernard photocopied it, is incapable of using a copier, it went through on a diagonal and cut half of it off.

 

ANyway - next page goes

 

Without hearing

IT IS ORDERED THAT:-

 

1. The filing of an AQ de dispensed with in this case unless the District Judge at the court of transfer orders otherwise**

 

Note - any party affected by this order may uncer rul 3.3(5) appplyto have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order

 

** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

 

date order drawn April 27th 2007.

 

 

 

 

Guess theyre getting a bit bored of all the claims!!!

 

Anyway, I got no AQ to send.... do i just hang tight now and wait for a court date (i guess providing scm dont apply for a stay?!)

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

  • 4 weeks later...

Okies,

 

Got a general form of judgement or order. Its not on my person, i forgot to bring it, but the lovely ohrebus said he will fax it tomorrow.

 

It basically is the same as my solo account, except -

 

My part - i only have 21 days to send a schedule (if not already sent) and a statement of evidence else I get struck out (solo account was 28 days and i had to send all court bundle too)

 

LTSB part - they got 21 days after to send all kinds of gumpf!!! Loads more than they had to on my solo account - else they will get struck out. And seeing as they sent sweet FA in on my solo and did get struck out and ordered to pay up then I feel rather confident about the joint account.

 

As soon as OhRebus faxes tomorrow, i will type up what it says - YIPPEEE FOR DERBY JUDGES!

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...