my other half vs lloyds

[mr k frog]

Hello everyone,

 

I am now in the stage of deciding whether to submit my other halfs claim via moneyclaim or the N1 form. Lincoln court is our nearest and it looks like there might be action from the judges there, having read several posts now from Lincoln people.

 

When I tried to paste the details of particular of claim onto the N1 form to print out it didn't seem to fit and a scroll bar icon came up beside it.

 

Also how do you work out the daily interest? My other half has two bank accounts for which I am claiming, with two separate daily rates of interest. This has been produced by two separate spreadsheets, thanks so much for these Vampress.

 

I am assuming that the two bank accounts can go in one claim? They are both with Lloyds.

 

Happily, NatWest paid out for my bank charges after just the one letter!! How easy was that?!

 

Hope for some answers, thanks.

[lucid]

Hi and welcome,

 

When you're using the N1 form you need to copy and paste the Particulars into a word document and print it out seperately. In the particulars section on the form put See attached.

 

To find your daily rate of interest take your total charegs (not including any of the 8% interest you've earned so far) and multiply the total by 0.00022. Using £100 as an example your daily rate would be £0.02.

 

Yes you can put two bank accounts in one claim.

 

Lucid

[mr k frog]

Thank very much for that. No matter how many times I read the guides it wouldn't sink in!!

[mr k frog]

Just a quickie!!

 

I am assuming that the copy for the bank goes to court with the court copy and that the court forwards it on?

 

Have searched and can't see that it says any different anywhere.

[lucid]

Yes you hand them all into the court who will then send them out to the bank.

 

Lucid

[mr k frog]

Hello everyone,

 

have just submitted my claim, but am now paranoid that I have done it wrong. I only put Lloyds TSB as the defendants name, not Lloyds TSB Bank PLC, does that matter?

 

Many thanks,

Mr Frog

[mr k frog]

Hi Everyone,

 

Would someone please answer if it matters that I only put Lloyds TSB on the paperwork for court, not Lloyds TSB bank PLC, please?

 

I will only be able to go into court to change anything tomorrow, so would really appreciate advice. I know its just a minor thing, but I don't want it to muck up my claim.

 

Many thanks

[mr k frog]

Please, please, can someone answer my above questions about getting Lloyds TSB name wrong on the N1 form.

 

Have just read on a previous post that it is important to put the PLC part, which I didn't.

 

PLease can someone give me an idea about what to do about this. I feel like crying that all my hard work will be for nothing.

 

Many thanks.

[lucid]

Hi,

 

Don't worry. I think it should be Lloyds TSB Bank PLC but I'm no sure if it's a major probem. The best thing to do is to contact the court and find out from them - they will know for sure. I'd imagine if it was something that meant they couldn't serve the documents then they would let you know pretty soon - did they check over your form while you were there? Get in touch with them and if it is something that needs amending then it will have to done but I'm sure it's not something that's going to make you lose out.

 

Just keep in mind that any claim related problems that come up are best dealt with by contacting the court themselves (in my opinion) - don't wait around for somebody to answer on here cause it could take a while.

 

Good luck. Lucid

[mr k frog]

Thanks, just been reading your thread, what a drama!

 

You must have some serious stamina and strength. But at least you seem to be getting somewhere at last.

 

Marie.

[mr k frog]

Hello, Just to update thread....

 

Have now received Lloyds standard defence and got until 16th MArch to fill in AQ. Back to reading lots of threads now, am so paranoid will make a mistake and blow it.

 

Also looking into the Honours Student Loan people, they have been awful and thinking about asking them for a copy of the original agreement to see if they can find it. If not hopefully I can argue it is unenforceable... Oh I wish!!

[GuidoT]

These should help you complete the AQ, New Strategy really a must now:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

[mr k frog]

Thanks for that, I was looking for it. Knew I had seen it but couldn't remember where!!

 

Regards.

[mr k frog]

HI, after completing the AQ, we have now had a letter saying that the Judge has ordered a 'stay'.

 

I can't see how this can go forward. I realise its to give another opportunity to reach a settlement, but if there is no change do we both have to complete another AQ? And what happens if Lloyds just don't respond?

 

Bit disappointed, hoped that the Judge would just ask for it to be settled!

 

We submitted the updated AQ, am wondering if the Judge thought this to be a bit presumptuous.....

 

What a pain!!

 

Any tips anyone, Many Thanks.

[GuidoT]

Exactly the same as mine. Nothing to do with the New Strategy AQ.

 

Lloyds are likely to have requested the stay in their AQ - you can check by phoning the court.

 

SCM are likely to do nothing during during the stay, therefore you should initiate negotiations with a letter (my post 62 below) and then at the end of the stay period you can write to the court saying that SCM asked for the stay to settle and made no attempt to settle (my post 86), it puts SCM in a bad light and then you can ask the New Strategy Order again and you are more likely to obtain it.

 

My thread:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-4.html

[mr k frog]

Thanks for that Guido T,

 

Have read your thread....I must re-read the Lincoln thread again.

 

Will be sending letter based on yours, so again thanks.

 

Mr Frog

[SHYAM]

Mr Frog,

 

How are things progressing with your case? You are a stage or two ahead of me..

 

Have subscribed to follow your progress!

[mr k frog]

Hi Shyam,

 

well yesterday we had a letter from the courts saying that unless Lloyds were able to supply a list of all cases they have actually taken to court, that the judge would strike it out as an abuse of court process!!

 

Thats very good news, we all know that Lloyds will never provide that info. Now we just have to wait until 18th May, and then the judge can make the order.

[GuidoT]

Can you post up the entire order please, I see you are in Lincoln.

[SHYAM]

Fantastic news Mr Frog! Yesterday was Lloyd TSB's deadline to file a defence for my case, so I'll be on the phone to the courts on Tuesday (danm bank hols!!!) to see whether they have....

 

keeping my fingers crossed for you!

[mr k frog]

Hi Guido,

 

Yes the order is as follows:

 

" The court, of its own motion, is considering striking out the defence in this action as an abuse of process.

 

The basis for this is the fact that the defendant is settling all claims of this nature where the claiments are seeking reimbursement of bank charges, with no claims proceeding to a contested hearing.

 

The court considers the authority of Mullen-v-Hackney Borough Council (1997) 2 A11ER 906 relevant.

 

If the defendant objects to the proposed strike out, it is ordered to file, by no later than 4pm on 18th May 2007, a schedule setting out all claims of this type an England and Wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it ihas compromised before the final hearing after such proceedings have been issued.

 

Upon receipt of any such objections, the court will consider listing the claim for an on notice hearing of the strike out issue.

 

In the absence of any such objections being filed in time, the defence herein will be struck out a judgement entered for the amount claimed by the claiment, together with the appropriate costs claimable on the small claims track."

 

Yesterday (11th) we received a letter from SCM as 'full' settlement of the claim, with the monies going directly into the Lloyds bank account.

 

My other half rang them to state the the bank account was now closed, and that the amount claimed is actually £1294, when they are actually offering £1069. So to reject their offer.

 

The chap he spoke to said that the £1069 was all that they were prepared to offer. We responded by saying now the judge has ruled they are not really in a position to make an offer, even though it said full settlement in their correspondance.

 

I have no idea how they arrived at this figure, just seems to be one they have picked from the sky!

 

SCM replied by saying then it will go to court, great! They have until this Thurs to comply with the order, after which time I am assuming, in the absence of any information forthcoming from themselves, they will be liable for the full amount.

 

We will confrim all we said to them on the phone in writing and then forward a copy of their correspondance, and ours to the Judge after the 18th May.

 

Any suggestions on how we should word this to the Judge? Or should we just wait for him to notify us of the amount with costs that have been applied by the court?

 

Thanks for your Guido, sorry it has taken a few days to get back to you.

 

Hope your claim is nearing its end too.

 

Mr K Frogs, other half.

[broke dave]

That's an excellent order. Is there any way that the rest of us can introduce that as relevant info in our court bundles?

broke dave

[GuidoT]

This should help with some of letter:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

You should consider making an application for your time as here:

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=11&a=84

[mr k frog]

Hi Guido,

 

Thanks for the links. Got a cheque through yesterday for the amount of the offer. It is going to be so tempting to bank it, but I know we should return it with a letter refusing the offer.

 

I do not understand how they think that now is the time for an offer when the judge has made that order?

 

Anyway we shall post the rejection letter, back with the cheque. But how do I convey this to the judge, or do I just wait for the deadline for the order to pass and wait for the judge to rule the amount I am owed?

 

If I want to claim for my time/letters, is that sent direct to the judge, or is that a separate claim? Surely not, I guess it is up to the judges' discretion to award these costs anyway.

 

This is the hardest point, we actually have something to lose now, as at least we have got a cheque off them for 2/3 of the money.

 

Any advice/encouragment would be greatly appreciated!

 

Thanks for all your help Guido, you have been a star!

 

Mr K Frogs other half (and no that does not make me Miss Piggy!)

[GuidoT]

You are not to advise the court of these offers, they are made without prejudice, which essentially means that should not be disclosed to the court.

 

The judge should enter judgement in your favour without further prompt, however I have in my claim (but in different circumstances) sent a letter to chivvy things along:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-6.html#post812420

 

Please read through the links in my post 23 above and your costs questions will be answered. If you wait a week or so I will post on my thread (as the link above) my costs application.