taking on lloyds

[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.

[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

[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.

[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.

[GuidoT]

Phone the court.

 

I am in a similar position, it took court about 2 weeks to respond after SCM should have filed and then the court gave SCM another 2 weeks:

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

[GuidoT]

Are you saying Lloyds have actually submitted demonstration of their charges? I am not sure what paragraph 4 of the order in your post 50 says.

 

If they have this is very significant - they have never done this before (I will PM you my email address).

 

Are you able to scan in what they have sent to you?

 

Anyway for court see here:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

[GuidoT]

Thanks for coming back to us.

 

Can you tell us exactly what you or the court received or email it to me or GaryH if you prefer.

 

We need to be aware of such so that others can be alerted to their scare tactics.

[GuidoT]

None of it sounds usual to me, can you scan and email it please (I have PMed you my email address).