just had reply from my prelim letter to lloyds

[welly_59]

im using vamps simple spreadsheet with compound contractual interest but when i enter dates for the charges i get an error in the interest column, what format do i need to set the date in? tried laods but its still bust!

[Mindzai]

As it's google and hence American i would guess mm/dd/yyyy

[welly_59]

I've just had a reply from my preliminary request for refund of charges from lloyds. Its basically your standard letter saying 'like any business we do make a charge for some of our extra services, when customers dont have enough in their account.....' etc etc

 

One section though states:

'the fee's we charge for dealing with you request to go over your agreed overdraft..'(i was going overdrawn because they were charging me, i didnt request to go over it!)'..are not default charges because you havent broken your agreement. They are our prices for the service we provide in the situations.'

 

What do you all think bout that? load of rubbish?

 

im getting the LBA ready today to be sent off tomorrow, but would like to know if they are right and i shouldnt include the charges for going over my overdraft?

[lucid]

Yep a load of rubbish and just another one of their templates trying to fob you off. If you're not going to claim charges for going over your overdraft then what are you going to claim? These charges only occur when you go overdrawn.

 

Don't get put off by their supposedly clever attempts at scaring you away. Stick to your shcedule and you will get there.

 

Good luck. Lucid

[welly_59]

thought so! i've just stuck my LBA into an envelope and will send it signed for tomorrow morning. I'm addressing it to the person who replied to my preliminary letter, is this right?

[lucid]

Hi.

 

It's absolutely fine to address your letters to individuals. I never bothered as I assumed it would end up in the same dept. with exactly the same template response, but it won't cause any problems whether you address it to a person or not.

 

Lucid

[welly_59]

im claiming £3805 in bank charges which comes to a total of £5005.20 including interest. i have just filled in my particulars of claim but the next section is asking for claim amount. Now do i write just my charges in this section or total amount including interest?

 

will there be any problems with the total amount with interest being over £5000? quick answer would be good guys as i want to get this done asap!

[welly_59]

anyone able to say what i can expect to happen next? im claiming nearly 4k in charges!!

 

any feedback on what other people experienced after this point would be excellent!

[GuidoT]

If you have not done this, send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[welly_59]

cheers guidot, just posted that letter off to the court as well. anymore advice anyone?

[welly_59]

within a few days my interest claim will take the total above £5000. will this cause any problems. should i just claim for whatever interest takes it up to the £5k maximum?

 

help am confused!!!

[Michael Browne]

It's just your charges that are governed by the small claims limit. Even if the interest takes the total over £5000, the case is still in the small claims track. The daily rate after filing is not taken into account at all.

[welly_59]

ok, how do i change my interest amount claimed then. shall i just state it in my schedule of charges that goe's to the court? will it matter that the amount is different than what i originally stated in my moneyclaim forms?

[Michael Browne]

Click on the time in your taskbar and reset the date to the date you filed. Open the s/s and print off. Reset the date.

[welly_59]

i put in my court claim for 4k and this morning i recieved a letter from lloyds offering me 750 which will be deposited in my acct in next few days. whats the best way to respond to this letter? shall i phone the person its addressed from and explain i'll take it as part-payment but i will proceed to claim the rest unless they refund the full amount? or should i reply by letter?

 

any templates for this?

[Michael Browne]

Yes, right here:

Rejecting Offers

[welly_59]

how do i change the particulars of claim?

 

when i submitted via moneyclaim online i then realised that i had calculated the interest incorrectly!! how would i go about rectifying this? should i just send a letter with my case number to the court saying 'this is an updated copy of my schedule of charges'

 

any ideas?

[GuidoT]

If you want to amend your POC it costs £35 (unrecoverable) and will invariably delay your claim, you need to make a formal application (form N244 if I recall correctly). You need to think carefully before doing so.

 

Maybe tell us a little more detail, how wrong are you in financial terms and whose favour it is in?

[welly_59]

when i done the spreadsheet i didnt change the claim date at the top of the letter, so it was august 2006 instead of the current date. That made a difference of nearly £200 in interest. thats the only difference.

 

Couldnt i send an updated schedule of charges to the court with the correct interest calculation instead of editing the particulars of claim? after all, the particulars are right, its just the interest that is wrong?

[GuidoT]

The schedule is part of your particulars.

 

If you want to be safe you will need to amend by formal application, by all means send a revised schedule, however you run the risk of it being ignored by the court and SCM.

[Michael Browne]

Couldnt i send an updated schedule of charges to the court with the correct interest calculation instead of editing the particulars of claim?

The schedule of charges and therefore the amount you are claiming form part of your POC. If you want to change anything you will have to make an application on N244 to amend your claim

[welly_59]

llyoyds have acknolwelged my claim for 5k and im wondering what happens next?

 

i've sent a copy of the spreadsheet to the court, do i now need to send a copy to lloyds solicitors?

 

whats the usual course that events will now take?

[Michael Browne]

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

[welly_59]

have done that today. what course will events now take?

[Michael Browne]

whats the usual course that events will now take?

 

what course will events now take?

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