rick V lloyds ***WON***

[rickderris]

er...anybody?

[rickderris]

so whats a guy got to do to get a bit of advice around here?

[GaryH]

Ok, lets start from the beginning. Can you please post the EXACT wording of your MCOL particulars of claim please?

 

Forget the AQ for a minute, I'm more worried about the fact that they've used the 'embarrasing' defence. That usually only gets trotted out if your POC is woefully inadequate. Post your POC, and we can take it from there.

[GaryH]

sorry, i am a bit crap with paperwork. just noticed on their AQ they have said

____

with regards to the stay - the defendent is veryifying the claimants calculations and we will be in touch with the claiment

 

Whereabouts on their AQ was this? Was that the exact wording?

[rickderris]

that was more or less the exact wording. my paqperwork is in my office in work so will post tomorrow

 

am i ok to PM you my mcol as i am not too keen to put it up here

[GaryH]

Why not? You don't have to post your personal details. But yes, you can PM it if you'd prefer.

 

Was it the template POC from this site?

[rickderris]

yes it was

[GaryH]

Well in that case you should follow the link GuidoT has provided and rebut the "embarrassing" defence on your AQ. You can attach the draft direction as well if you wish.

[rickderris]

the problem here is i have sent off my AQ

 

not sure what draft direction is either

[rickderris]

gary, I did PM you. I now seem incapable of PM ing now, has my account been changed?

 

anyway, here was my post

 

below is what i posted on the money claim site, regarding your other question the solicitors put the negotiation bit on the 'other information' part.

thanks

_________________________ _______

1. The Claimant has an account ******* with

the Defendant, opened 1991 2. Since

01/09/00 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 £1857; (b) Interest per

S.69 County Courts Act 1984 of 8% - £478.95

continuing at 8% until judgment or

settlement at a daily rate of £0.47; 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.

[GaryH]

Ok, thats fine then. Now your AQ has gone back its just a matter of waiting to hear from the court. You should get a 'notice of allocation' in a few weeks telling you your court date and giving you directions.

[rickderris]

i now have a court date, end of march

 

havent heard from them. will follow them up tomorrow with a call

 

what exactly goes in my court bundle and whats the liklehood i will go to court?

[BARTY]

Hi

Have you got directions on your court letter telling you when to submit your evidence to Court? Link for Court Bundle below:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Chances are they will settle up before Court.

Barty:)

[GaryH]

Here you go, you may find this useful - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

[rickderris]

i just called them saying that it seemed crazy they had ticked the box saying that they wanted a month to negotiate but i didnt hear aything from them during the month plus what they said on their aq about the figures was strange they hadnt been in touch

 

the woman said 'you have to proced to the the next level, we havent had any instructions from the bank'

 

so they are happy for it to go to court, should i be concerned

[GuidoT]

No reason for concern, I find it pointless to phone them, they usually settle when they are ready.

 

You may want to consider a letter along these lines:

 

Dear Sir/Madam,

 

You -v- Lloyds TSB

Claim No:********

x days have now elapsed since I received your clients allocation questionnaire, which indicated your intention to resolve the matters detailed above by way of negotiation. You did in fact request that the court order a stay for this purpose.

 

To date, you or your client have made no attempt whatsoever to engage in dialogue and my last letter to you of x has not even been afforded the courtesy of an acknowledgement. As it were you who requested a stay be ordered to negotiate, I must say I find your intransigent attitude both surprising and unacceptable.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand. Those with of a more cynical nature would by now see this as nothing more rather than a thinly veiled attempt to further delay proceedings in this case, and an abuse of the judicial process.

 

I again respectfully request that you carry out your stated intent and enter into serious dialogue in order to settle this matter. I will await your proposals for the resolution of this matter and I trust this will come within the next week.

 

I have enclosed a schedule of charges with up to date interest calculations.

 

A copy of this letter has also been sent to the court.

[rickderris]

thanks, can i just check that i do follow through with my word and send a copy of the letter to the court (the local one to me)

[GuidoT]

I am not sure of the question in your first line, if indeed there is one.

 

Yes you send a copy to your court where your claim is being handled (not Northampton).

[rickderris]

i dont know what you mean guid RE no question. there was one, it wasnt cryptic and you answered it

 

do i include a covering note such as 'add to file' or something for the court

[GuidoT]

Well I am pleased I managed to answer it.

 

I think you are asking how you convey the letter to the court. Just below your signature put (I usually highlight this part on the copy I send to the court):

 

cc: x County Court

[rickderris]

i still havent heard from them despite sending the letter above

 

about to send my court packs

 

is there a possible reason they have not responded and happy for it to run its course? i cant believe they are cheeky enough to ask for a month to negotiate and dont even try

[rickderris]

anybody?

[GuidoT]

You might get a more positive response if you were to be a little more polite, a please or thank you might not go amiss.

[rickderris]

EDITED

Personal abuse is against the site rules .future posts containing it will be deleted

[dolly]

After all the help GuidoT has given you, that is completely out of order.