brian v Lloyds ***WON***

[lucid]

do not think i am going to be able to take this any further as i do not understand it have read all the frequently asked questions downloanded the court bundle but am now loseing my nerve have never set foot inside a court room and quite honestly this scares me to death

 

Brian,

 

The best thing you can do is take your time and make sure you fully understand each stage before proceeding. Don't worry about having to ask questions - everybody is here to help.

 

From the looks of things you are at the court filing stage at the moment so focus on that. The court bundle is something that you will probably have to put together - knowing Lloyds - but it's not something you need to worry about at the moment. In mjanet's last post she has linked to the N1 form Particular's of Claim template. If you are considering filing your claim this way then have a read through the information and if there's anything you need to check then just ask. But I notice in one of your earlier posts you say you've got a problem with the on-line claim form, so I'm assuming you're trying to file online with Moneyclaim. If so then the template for particulars can be found here. Again, have a read through and ask any questions you need to. Just remember that there's no time limit on this so you don't need to rush into anything you don't fully understand.

 

As for worrying about getting to court, it is very unlikely, but again prepare yourself. Read through the successes forum to get inspiration and you will soon see that there is nothing to worry about. Remember that it is the banks who don't have a solid argument in this situation - not us.

 

Good luck. Lucid

[upton11]

Brian Hi

 

You really must read the step by step instructions. Litigation is daunting and the step by step instructions will help you deal with matters in bite size pieces. For example, you need to focus on your court application, not the preparation of your bundle.

 

If you are having problems with the on line form, then use the paper N1 form. It may be clearer for you and for what is it worth, i personally think it looks more professional too. I understand N1 forms can be printed off from the court service website. If not then go to your local county court and pick one up.

 

Do not give up, but do approach this litigation in stages, that way you will not feel so overwhelmed by the process

 

As everyone has already said, ask if should you have any questions.

 

Regards

 

paula

[brian]

i have read and re read the step by step instructions but do not understand them i have printed off all forty pages of the basic court bundle but am totally stuck now

[upton11]

Brian Hi

 

Have you issued your claim yet?

 

Paula

[lucid]

i have read and re read the step by step instructions but do not understand them i have printed off all forty pages of the basic court bundle but am totally stuck now

 

Brian,

 

Don't worry about the court bundle for the moment - you haven't filed your claim yet so you don't need to do anything related to the bundle at the moment. Just concentrate on getting you claim filed. Have you read through the two versions of the Particulars of claim provided in mjanet's post here and in my earlier post here? I agree that the step-by-step instructions don't go into detail on what you need to fill out on the claim form, but both of the links go into details on what to write.

 

I think you need to point us to the specific area that you're having a problem with. You've said in one of your earlier posts that you don't understand the claim form but you haven't said if you've had a look at the particulars templates or not.

 

Lucid

[Alasdair]

Hi Brian

 

I'm going to pitch in and say the same as a lot of others here. Don't be intimidated by the process and read all the step by step guide previously posted. Even if you have to spend a few hours here with your word processor re-writing the bits required while asking questions on forums when needed.

 

If you follow the guide and the advice you will win after all even I got my full £424 back from LloydsTSB

 

Alasdair

[brian]

do i need to copy and paste this in to a word document and then fill out the claim form filling in my account details and so on is that what everyone is trying to tell me sorry for being thick normally very intelligent but am probably feeling fased by this.

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account1 (

with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

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).

 

I believe that the contents of these particulars of claim are true

 

 

Signed: DON'T FORGET TO SIGN IT

 

 

Date:

[lucid]

Hi Brian,

 

Yes if you're using the N1 claim form then you have found the right particulars. Yes you're right, copy and past it into a word document and add all of your personal details. These particulars are part of your claim form, so as well as including these you also need to fill out the N1 form which you can get from here. You also need to include an up to date schedule of charges with the statutory interest (8%) added as well. Obviously have a read through the particulars of claim you've pasted above (you might get told to edit and remove the text you've pasted by the way as it comes from the templates forum and i don't think we can paste up templates for the use of non-members) and make sure that you understand each point and that you're happy with each point. If there's anything specific to your claim that you think should be included then just ask for others' advice and you will get it.

 

Be sure to take your time. Lucid

[brian]

when i click on here it comes up page not available is this somthing with my computer or has the site gone down

[lucid]

Hi Brian,

 

The link's working for me - I'm not sure why it's not working for you. Here's one for the Bank Templates Library - hopefully that'll work. The post you're looking for is N1 Claims form in .PDF format with form filling - hopefully that link will work as well, but if not try to get to it through the templates library. Or this may take you directly to the N1 Form.

 

Lucid

[brian]

i am filling out the court claim form now what do i put in court fees box and solicitors fees and do i enter the total claimed including the 8% interest or without the interest thanks again for all the help

[lucid]

Hi Brian,

 

The court fee depends on the amount of your claim but here is a guide:

 

Up to £300 = £30 fee

£300.01-£500 = £50 fee

£500.01-£1000 = £80

£1000.01-£5000 = £120

£5000.01-£15000 = £250

 

Put £0 for solicitors costs. I'm not actually 100% sure on whether you include 8% interest in the amount claimed box or not. We didn't claim statutory interest. I will try to confirm this so don't take my word for it yet (although I'm not getting many helpyful search results at the moment) but I don't think you include the 8% interest in the amount claimed box, I think you just include your total charges etc. and then refer to interest in your particulars. But I do need to confirm this or if somebody else is reading who knows that I've got it wrong please can you point it out.

 

Also just to give you a pointer for the other sections should you need it:

 

Defendant: Lloyds TSB Bank PLC

Brief details of claim: Claim against bank for refund of unlawful charges (that's what we put but you might want to change it)

Defendant's name and address:

Lloyds TSB Bank PLC

25 Gresham Street

London

EC2V 7HN

Human Rights question: Tick no

Particulars of Claim: See attached

 

Hopefully this will keep you going for the moment. I will continue trying to find out about including the interest or not, but hopefully some one else will be able to answer soon if I can't.

 

Lucid

[lucid]

Here you go Brian. I knew if I searched for posts by Michael Browne with a keyword of claim form I'd find something of use. Follow this link here and it should take you directly to a post in which Micahel Browne very usefully sets out what you need to put in each section of the form. So the answer is you put the following in the value section:

 

Value:

Bank charges (and overdraft interest if claimed) - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

So you set out the total s69 8% interest earned up to the date of filing your claim and then you put in the daily rate that will be added to your claim from that date on.

 

So the total amount you put in the box in the bottom right of the form for amount claimed is the total above: bank charges + data protection fee (if you did an SAR and paid £10) and the s69 8% interest earned up until the day you file.

 

I hope that clears it up for you. Lucid

[brian]

filled the form out how you said now it is asking me if any part of my cliam is under human rights act i suppose i tick no for this

then it says particulars of claim what do i put in here

 

also for defendants do i just put lloyds tsb or do i need to put in an address is this my local branch

also in claimants box do i just put my name or do i include my address and bank account details, as i can not work out where i would put these details

when all this is done where do i take or post the form and if i send by post do i send it recorded delivery

 

i am only doing this because i pay in so much money into this account every month but lloyds continue to make these charges all because the date that my salary goes in is one day short of my direct debits have tried to change the direct debit dates but this did not work.

 

i do hope i do not have to go to court as i think i will loose my nerver

[GaryH]

Brian,

 

All of your questions have actually already been answered previously by Lucid;

 

Defendant: Lloyds TSB Bank PLC

Brief details of claim: Claim against bank for refund of unlawful charges (that's what we put but you might want to change it)

Defendant's name and address:

Lloyds TSB Bank PLC

25 Gresham Street

London

EC2V 7HN

Human Rights question: Tick no

Particulars of Claim: See attached

In the Claimant box at the top you put your name and address. Make sure you put your title before your name too (ie. Mr.)

 

In the particulars of claim box, put 'see attached'. Then print out the particulars of claim which you posted above (post #32) on a seperate sheet. Head the sheet with - '[your name] -v- Lloyds TSB Bank Plc'

 

You can either post or take it by hand to your local County Court. Here's a court directory which will help you find your nearest one - Directory of County Courts. Click on the place name and it'll give the address.

[brian]

okay think i am getting there filled out the complete form how but not sure of the registered address for lloyds as all of my corespondence has gone via my branch and the recovery centre in andover i think the only thing i am not sure as to what to enter is for the following

 

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just.

where do i get these figure from i have used the excel spreadsheet from this site to calculate all of the interest.

 

In Respect of: Amount Date Incurred Days since offence Interest 8% APR

once again thanks every one for helping me through this

[GaryH]

Use the address which Lucid has posted for you, the 25 Gresham street one.

 

To get the daily rate of interest you times the amount in charges by 0.00022.

 

What is the value of the charges you are claiming?

[brian]

total claimed £1,328.00 interest £149.03

 

£149.03 £1,477.03

they have paid me £750.00

total of claim remaining £727.03

[GaryH]

Your daily rate is 13 pence then, so put this;

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £00.13p per day OR at such rate and for such periods as the court deems just.

[brian]

thanks so much very traumatic for both of but i think i am done now will post it today and see what happens

if i filled out the form correctly and it should go fine

just one last question do i attach to the claim a copy of the excel spead sheet to the court forms

[GaryH]

Yes, you do. Well done Brian!

[brian]

gary you have been brilliant thanks again for your help

[upton11]

Well done Brian - you seen to have made it. I have no doubt you will soon be offering calming words of advice to others.

 

Try not to think about your claim for at least a week - you sound like you could do with a break

 

Paula

[lucid]

Well done for getting your claim filed Brian.

 

I've just been catching up on your thread and noticed the following paragraph in one of your posts:

 

i am only doing this because i pay in so much money into this account every month but lloyds continue to make these charges all because the date that my salary goes in is one day short of my direct debits have tried to change the direct debit dates but this did not work.

 

You say you've tried to change your direct debit dates but it didn't work. Did you actually phone each of the companies who you pay by direct debit to? Or did you try to get the bank to change the dates? I'm almost 100% confident that most companies will allow you to change your direct debit to a different date. I know that some companies have specific dates they set for direct debits, but I think a lot will let you choose the date, especially if you phone up and explain. It's quite worrying that every month your direct debits are getting returned because your salary is not there until the next day. At this rate you will always have never-ending charges.

 

Lucid

[brian]

thats what is going on but lloyds let some of my direct debits go but some they return asked the companies directly but only one would let me change the date. all of my direct debits are set up for the 1st 2nd 3rd & 4th of each month but it seems that they putting in there request early they say they commence sending for them 7 days earlier, so consequecially they are hitting my bank just before my salary goes in on the last day of each month.

i also had a meeting with lloyds to try to resolve this but they said there was noting they could do. i have paid into this account over £3000 each and every month.