time4action v Lloyds TSB ***WON***

[time4action]

Having received notice that Lloyds intend to defend the claim (standard practice so I am told) - I have now received Notice of Transfer of Proceedings to a more local court to me. I also received an attachment from Northampton County Court that states:

Before District Judge Murdoch, Sitting at Northampton County Court, Without hearing IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

Nore: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

**Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.

So what does all that mean? Is it good or bad? Does this mean the courts are getting fed up with LTSB's delaying tactics or will the Judge at the transfer court ask for one anyway? If not should I ask for an allocation questionnaire?

 

HELP!

[BARTY]

Hi

Have a read of this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Barty:)

[time4action]

Hi

Have a read of this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Barty:)

 

OK - having read through that, I take it I can still submit this Draft Order even though I havn't been sent an AQ? I take it I then submit my evidence within 14 days regardless and Lloyds have 28 days - if they havn't responded in this time, their defence is struck out and I win! Correct?

[time4action]

When I sent in my claim for £895 to the court I added on interest of £71.60 (8%) but according to the spreadsheet it should have been £219.79. I just did a basic interest calculation on the actual amount but I guess it is supposed to be compounded over the period owed etc.

Obviously the claim has now been served on Lloyds and I have received notice back of a defence etc. Is it too late now to amend the amount of interest?

[dx100uk]

i though court interest was just basic interest [8% of claim total]

where did you read otherwise?

 

you have not done wrong as far as i can see

 

dx100uk

[nicsussex]

i though court interest was just basic interest [8% of claim total]

where did you read otherwise?

 

you have not done wrong as far as i can see

 

dx100uk

 

No it is not quite as simple as that - as the charges will inevitably have been debited at different date - so the interest would be calculated at a daily rate of 8% pa for each offence.

 

As for the original question think this should be your next move - there is a £35 (not reclaimable) fee though.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

[time4action]

So I send that form into the court stating that I applied the wrong interest rate and that I am re-submitting my claim for interest?

[Michael Browne]

See here for guide to amending a claim, These relate to amending POC's so you will have to change the wording on the n244

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

[time4action]

See here for guide to amending a claim, These relate to amending POC's so you will have to change the wording on the n244

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

 

Can I still do this if I have done my claim through MCOL?

 

Thanks.

[time4action]

Not long after issuing my court claim for bank charges through MCOL - I received a letter from LLoyds Credit Card Services stating that 'it was their policy to review customer's credit card limits and were revising mine to £5200 (previously £6000 and I owe just ender £5200!).

I wrote back praising this 'refreshing approach' from a credit card company 'who were looking at people's debt and trying to reduce it'. However I also stated that 'I suspected it was linked to the fact that I had issued a court claim against them for bank charges.' I also stated that 'in my history of having credit cards with various different companies they were the first to REDUCE my limit without my requesting it as it is usually the policy of the company to increase your limit to encourage you to spend more.' I stated that 'under section 16 of the Banking Code this could possibly be considered as retaliatiory action and that should I choose to make a complaint to the OFT I hoped that they would be able to demonstrate that they had similarly reduced credit limits for other customers with good credit histories without the customer requesting it.'

Guess what?

Lloyds have just written back to me to state that they have increased my credit limit to £6,000. They said: 'It is our policy to review all limits from time to time and we will contact you should a change be needed'.

Funny that eh?

[time4action]

Posted my claim through MCOL and now advised of transfer to a local court and that they are dispensing with an allocation questionnaire. Some one gave me a link to the Draft Order for Direction posted by Bankfodder. I need to know do I just write to the court and request this now? Or print if off completed with my details and send to the court? How does it work?

Also when I initially submitted my claim - I made an error with my interest calculation, did a basic 8% calculation on the actual total rather than using the spreadsheet which I think calculates the compund interest from the date charge was applied etc. This gave me a figure of about £71 instead of £214. Some body again gave me a link to a form and said I should send that form in and would have to pay £35. Is this correct? Cannot it not be done for free? Advice please?

[GaryH]

Personally I would'nt bother sending the draft order if the AQ has been dispensed with. Its highly unlikely to be accepted.

 

You'll need application notice form N244 to amend any details on the claim form once its been issued. Unfortunately there is no other way.

 

Here's the form -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

And this should help you to fill it in, but you'll have to amend to suit, I.e to reflect the fact that its interest your adding not extra charges -

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/10581-dead-dawn-lloyds-tsb-3.html#post324083

 

Do a new N1 with the corrected value, attach your spreadsheet and take 3 copies to the court, along with 3 copies of the completed N244 + the £35 fee.

 

The Court will then amend the details, re-seal the claim and return it to you and it is your responsibility to re-serve it on the Defendant. Ensure that you keep a copy of the sealed N1 for yourself too. Once you have served the claim you should send the Court a completed certificate of service, here http://www.hmcourts-service.gov.uk/c.../n215_0106.pdf along with a copy of the N1 so the court knows when the bank need to respond.

[time4action]

Hi Gary -

Thanks for that but things have changed now . . . check out my latest post entitled 'General Form Of Judgment or Order received' which has put me into a slight panic!

[time4action]

Well with the court having dispensed with an AQ - I had sought advice on here and it was suggested by some that I apply for a Draft Order for Direction. That now appears to have been circumvented by the following - received today 2 items in the post from the Court; another transfer of proceedings, previously at Haywards Heath Court but now moved to Horsham Court which is even more local to me and a General Form of Judgment or Order which states the following:

 

'The Court directs of its own initiative as follows:

1. The Claimant shall, within 21 days of the date on which this order was drawn up by the court, file at court and deliver to the Defendant answers to the following questions, concluding with the following statement, dated and signed 'I believe that the facts stated in this response are true:

 

- Provide a typed list of the charges in dispute, showing the date and amount of each charge and the rate of interest applied;

 

- If only part of the charges is in dispute, show how much is admitted and explain why;

 

2. UNLESS the Claimant complies with paragraph 1 of this order, the claim shall stand struck out and the Defendant may file a formal request for Judgment in default and for the assessment of any costs in the proceedings;

 

3. A party affected by an order made of the court's own initiative may apply to have it set aside, varied or stayed within 7 days of service.

 

Now that all seems to be straightforward and appear to be a case of just sending in my schedule of charges (which is a bit confusing as I have already sent a copy into the court including a copy for Lloyds and my claim included the words ' I believe that the facts stated in this claim form are true' so this seems to be a duplication of something I have already done) but I am now worried about 2 things: I have posted previously on here that I did my interest rate calculation wrong (I claimed just a basic 8% amount on the total and didn't use the spreadsheet to work out contractual interest). The amount I have claimed is £71.60 when it should in fact be £220.57. I have received advice from Gary H about submitting an N1 and N244 to the Court with a £35 fee to amend it. Do I still have time to do this? Also if I don't do it and print off the spreadsheet showing 8% contractual it will obviously show the new interest rate of £220.57 and not the £71.60 previously claimed. Would Lloyds then dispute this? Would the Court throw it out? Do I now have to serve the amendment before I comply with this order?

 

If I chose not to bother with the hassle of amending the interest rate and left it as it was would this cause a problem? I stated in my original claim that I was claiming interest as per s.69 of County Courts Act 1984 but the £71.60 amount I have put is clearly wrong. If I just put that I was claiming 8% interest on the total would they throw it out as differing from the previous claim?

 

It would appear that they are only asking for my schedule of charges without any other supporting evidence or arguments which would seem to be a good thing but I am worried about the wording that if the claim is struck out Lloyds could apply for costs as I didn't think this was the case in the Small Claims Court.

 

HELP - beginning to panic now! :o

[Michael Browne]

I would send the schedule of charges with the correct s69 8% calculations

and a covering letter explaining that whilst the charges you are claiming are unchanged, you now realise that the original s69 8% interest calculations were wrong and that the schedule now shows the correct figures.

 

The judge may:

(a) allow this as it's only the s69 that's wrong

(b) order that you amend the claim properly with a N244

 

Although you've got 21 days, I would do this ASAP

[GaryH]

What latest post? If you've started a new thread, please keep to one in future, for presisely this reason!

[GaryH]

10 Threads merged.

 

Please now stick to this one, if you would like me to change the title let me know what to and I'll do it for you.

[time4action]

Well I had a thread posted on this but seems to have been moved and when I click on it just links to some of my old posts - moderators?

 

Need to get this problem sorted as soon as possible as I am on a 21 day time limit of which 3 days have already elapsed. :o

 

I have been issued with a General Form of Judgment or Order which requires me to provide a typed list of charges in dispute showing date and amount of each charge and the rate of interest applied. If I fail to provided the info Lloyds will be permitted to request a Judgment for default and claim costs from me!

 

When I sent in my original claim I miscalculated the s.69 County Court Act 8% interest and did it as a basic 8% calculation on the total. The amount I charged was £71.60 instead of £220.57. So I need to submit an amendment. It has been suggested that I submit an N1 and N244 with £35 fee it has also been suggested that I simply submit a covering letter with the schedule showing the new interest amount to say it has been amended to see if it is accepted. Basically I stated in my original claim that I was claiming the s.69 contractual interest but simply miscalculated the amount and there is no alteration to the actual charges claimed.

 

I obviously need to action this as soon as possible so any advice is much appreciated!

[GaryH]

Yes, I merged your threads becouse there was 10 of them - many which were started to ask new questions in response to one answered on the previous one!

 

I'm sure you'll understand that this makes it very difficult for anyone to follow or offer advice - we need to see the full picture, which is impossible if you start a new thread for every question.

 

The "old posts" you clicked on were at the start of your merged thread - go to the next page and you will find the latest ones. Here look - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/68282-query-about-list-charges-2.html#post795436. Michael Browne has already answered your question.

 

Please stick to the same thread in future.

[time4action]

Ooops sorry gary - will stick to same thread in future!

[GaryH]

No probs - I'll merge this one now as well. Are you ok about what you need to provide now?

 

If you would like me to change the title just let me know.

[time4action]

OK - I am now going to re-submit to the Court my schedule of charges with the updated interest figure which was incorrect in the previous one. I am going to use wording or similar as follows:

 

Please find enclosed Schedule of Charges as per recently issued General Form of Judgment or Order.

 

This Schedule of Charges is as per the original claim issued with the exception of the interest amount which was previously stated incorrectly due to a miscalculation. Please note that the interest claimed is still the s.69 County Court Act 1984 contractual interest which was specified in my original claim and the actual amount has merely been amended due to this miscalculation.

 

Would the Court please advise at its earliest possible convenience that this amendment is accepted so that I can submit this paperwork to the defendant and comply with the time limit of this Order?

 

Yours Sincerely etc, etc.

 

Does that wording sound OK?

[GuidoT]

State the date of the order, ensure you include the parties names and case no.

 

Do not ask the court to accept the schedule. Simultaneously copy the letter to Lloyds. 'Dear Sirs' is fine and do not address the letter to a specific judge.

 

This is really an amendment to your claim, that there is a fee for of £35 which is non refundable, although unlikely SCM may object to this. Having said that I would do as you have; attempt to get it through the back door.

 

Otherwise fine.

[time4action]

Thanks for that Guido - I am sending to SCM recorded delivery, should I do that with the Court as well or is normal post ok?

[time4action]

Have just received a Notice of Allocation to the Small Claims Track (Hearing) for the 12th June.

 

Now I am confused - only just re-submitted (yesterday) my Schedule of Charges after the judge sent me a General Form of Judgment or Order requiring me to supply a typed list of the charges I was claiming, what they were for and interest claimed.

 

On the Notice of Allocation it says that the Judge has 'considered the statements of the case and allocation questionnaires filed (none were as the judge dispensed with them!) and allocated the claim to the small claims track.

 

It also says that each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing. (I take it this is the court bundle that I have to prepare?)

 

So what happens about what I have just submitted and why have they made this decision without considering it?