taking on lloyds

[makepeaces]

only just found this site was using moneysaving expert to get whats owed,

started about a month ago sent my letters to lloyds asking for my money back £2500, both letters were ignored, so friday i started the court process which is a bit nerve racking really. paid my £120 court fee, now just waiting to here. have not got a clue what to do if it goes to court, hoping they ignore this like my letters and win by default, can only hope.

read quite alot on this site but still not much clearer on what happens from here, lost my charge calculations by act of god. re did them but interest changed now dont add up to the same as figure submitted to court. is this a problem. and if it goes to court what then, do i need a solicitor. hope someone can help

thanks

[Bigmac versus]

You have time before your court appearance and spend it wisely, read up and always be ready to go to court, get your court bundle ready and as far as your interest goes it will change the longer it goes on, Did you keep copies of all correspondance and POC?

[makepeaces]

yes i kept copies of the letters i sent the bank, only thing different is the list of charges, which has increased from what i applied for during the court application

[lucid]

Hi makepeaces,

 

You can't add charges to your schedule that have occurred since you filed your court claim. Unfortunately you have to start again to reclaim the new charges.

 

Lucid

[makepeaces]

knowing that i cant add charges, will it matter that i no longer have a copy of the exact amount of my charges only the two letters i sent to lloyds. and my receipts of recorded delivery of the letters.

thanks

[GuidoT]

I presume you are saying that you have the letters, but not the attachments, i.e. the charges schedule.

 

You will need the schedule of charges to attach to your Claim Form, absolutely essential.

[makepeaces]

the copies of the of the charges schedule is slightly different now as to when i did them originally, interest changed. so when i filled in court form online. with my charges it was 2363.19 now i can not get my list of charges to match it now 2431.37, not sure what to do, as my first copies of charges has been lost. i only started this court process on friday

[GuidoT]

You must produce some form of charge schedule that equates to the value you are claiming, if you do not, it is likely your claim will be struck out for want of particularisation.

 

If you cannot get it to reconcile, although far from ideal, just use the latest charge schedules and take the last entry as a balancing figure to arrive at the sum included in the Claim Form. The bank may correct matters later. It is okay to be £100 out on a £2K claim.

 

You must still have your statements, you really should be able to reconcile.

 

Alternatively, you could issue an amendment to your claim or start again, both will delay matters and lead to further court fees. I would just use a balancing figure as above.

 

If you elect to continue with your claim (which I would) you need to 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

[makepeaces]

right, got all my statements together, re- did charges list again. this time came 52 pence over amount told to court, so should i post this to the court address above and also lloyds soliciter who ever that is. today i recieved my notice of issue, from the court.

[GuidoT]

Yes post to court if you filed on line as post 8 above. Again as post 8 above when you receive the Acknowledgement of Service (not the Notice of Issue) then post to Lloyds' solicitors, the details will be in the said Acknowledgement.

[makepeaces]

ok, done as you said and posted to court my charge list, thanks for your help its been brilliant, checked online today and it says acknowledge on the 9th feb, now allowed 28 days to reply. so all i do is wait now

[makepeaces]

hi need help again received a notice that acknowledgment of service has been filed today, on it it has the solicitors name and ticked box that they intend to defend all of this claim. should i be worried about this, and whats next? sending charge list to solicitor today. as instructed

[makepeaces]

hi need help again received a notice that acknowledgment of service has been filed today, on it it has the solicitors name and ticked box that they intend to defend all of this claim. should i be worried about this, and whats next? sending charge list to solicitor today. as instructed

[BARTY]

Hi

Don't worry, this is perfectly standard. Next you should get a copy of their defence and an AQ to fill in. Couple of links below to help you with this, and send a copy of your AQ to SC&M:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

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

 

Good luck, please ask if you have any more questions.

Barty:)

[makepeaces]

hi recieved my aq form today filled in except for section g other info, do i put anything in there or just attach draft order.

cheers

[makepeaces]

one other thing do i take my form to the court or post it, and should i put a cheque for the cost with it

[GuidoT]

hi recieved my aq form today filled in except for section g other info, do i put anything in there or just attach draft order.

cheers

 

Use this:

 

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

- In the event that the Defendant’s charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.'

[GuidoT]

one other thing do i take my form to the court or post it, and should i put a cheque for the cost with it

 

Post is fine, yes include the £100 cheque as your claim is over £1,500.

[makepeaces]

brilliant help again. should i add the draft order seperate of not bother with it

[makepeaces]

sorry ignore that guidot, missed that bit cheers

[makepeaces]

just checked bank and notice lloyds have paid off my overdraft with £715 ex-gratia which i cleared my credit card with.does this alter anything.

thanks

[makepeaces]

hi again still waiting, had my aq form filled it in and returned straight away recorded delivery, with cheque which they cashed also draft order nearly 4 weeks ago now is this normal as i have heard nothing from anyone

[BARTY]

Hi

Probably the Court is snowed under, try giving them a ring and ask them what is happening with your claim, they are usually very helpful.

Barty:)

[makepeaces]

hi again, just got letter through giving me a court date of the 25th june at 10.00am, also my draft order has been accepted and i have 14days to send copies to the defendant adn the court, i know i have to send a copy again of my charges amount dates etc. also copies of my statements showing all the charges, not sure what a statement of evidence is got to show the charges are irrecoverable, also it asks for copies of othercases or legal materials to be relied on. need help please

[Michael Browne]

Statement of Evidence:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html

 

Court Bundle

Basic Court Bundle