Homershairdo versus Lloyds TSB - I want my money back

[homershairdo]

Cheers - I'll take a butchers this evening and send something along

[homershairdo]

Received letter from MCOL with attached defence from LTSB. It seems to be the usual defence. Also attached is a letter from HMCS which states the following:

 

"The defendant has filed a counterclaim, a copy of which is enclosed with this notice.

The counterclaim fee has not been paid, and the defendant has been advised that they must pay this within 10 days of the date of this letter, or the counterclaim will be struck out.

 

An Allocation Questionnaire is also enclosed which contains notes for guidance on how to complete it.

 

If you intend to defend the counterclaim, you must file a copy of your defence with your completed questionnaire. Your defence must contain a statement of truth."

 

NOW - there was nothing enclosed within the pack - nothing else relating to the counterclaim, so I am not sure what I am meant to do - only form N150 and the defence. It also seems to have been allocated to Durham County Court already.

 

So, in short - what do I do???!!! This seems to be a new tatic for LTSB, which is a concern!

 

Any help or advice would be appreciated!!

 

Cheers!

 

Homer!

[thunderpuss2k]

Give MCOL a call on Monday and tell them you didn't receive a copy of the counterclaim. They might tell you to call Durham, which might not even know that it's been transferred yet (Courts are not renowned for being the most organised people of late).

 

Interesting that they've filed a counterclaim, but haven't paid the fee. What date was the letter? Might want to ask whether they've paid the fee for the counterclaim when you call on Monday.

 

Really need to see what's in that counterclaim - but that'll be Monday. In the meantime, we could speculate all sorts of things, but it all depends exactly what they're up to. I mean, do you know of a reason they'd counterclaim? Can you put two and two together and guess what they might be up to?

[homershairdo]

Not an idea - I was employed by them a few years back, but I can't see how that would affect things - although there was staff rates for overdrafts and loans etc . As for the account, it's never been poorly run - granted going over the OD limit a few times, but again nothing that was not immediately sorted.

 

So, no idea!! In answer to your question, the letter is dated 20/07. It seems strange that they have done this in this particular instance - I've not even used the account for the past couple of years so I am really very puzzled as to what they are holding onto!

[thunderpuss2k]

So, no idea!! In answer to your question, the letter is dated 20/07. It seems strange that they have done this in this particular instance - I've not even used the account for the past couple of years so I am really very puzzled as to what they are holding onto!

 

I know you're not using the account, but is there any overdraft being used?

 

Anyway, correct me if I'm wrong but this is on the small claims track? One of the key features of small claims is the no cost rule (CPR27.14) - which, except in certain circumstances (and then only for a limited amount of things) the Court cannot order the Claimant to pay the Defendant's legal costs. I'm wondering whether Lloyds are trying to put the frighteners on you by attempting to circumvent CPR27.14 to recover the costs of defending this action.

 

Just a wild guess, but wouldn't put it past them. Guess we'll see what comes out of this when you phone the Court on Monday morning.

[homershairdo]

There's no overdraft on the account - I think it has been about £1.80 in credit for the past couple of years!

 

And as far as I am aware, yes this is on the small claims track - the total value of the claim is under £500, so unless something major has happened, I can not see a reason as to why it would have moved. Doing a search on counterclaim within other threads has shown that this is quite a rare move!

[homershairdo]

Do any of the mod's have any thoughts on this?? Details are still a little vauge, but this does seem slightly unusual!

[jon700]

hi just to let you know i received my court transfers through this morning and lloyds are using scm as well with me. like your post they too are doing a counter claim and havent paid the fee and again no copy either!will try and call the courts on monday to find out whats going on good luck with yours jon

[homershairdo]

Thanks for letting me know Jon - if it is for the two of us it is starting to look like LTSB are attempting a new tactic

[homershairdo]

Bump!! If anyone has any prelimerary ideas or thoughts!

[barracad]

Although we try to help out as much as is physically possible, we aren't mind readers (Well I'm not anyway!)

 

Let us know what the counterclaim says.

[homershairdo]

That is half the problem, as per the eariler mails - although I have been counterclaimed, nothing was enclosed in the pack. Therefore, as well as searching the site, I am also looking for people that have had the same response, so that we can compare against those, if any, which are at a further stage.

 

And can't you buy physic powers on eBay - you can find most things on there:)

[barracad]

That's my whole point... if you don't know what the counterclaim says, how are we supposed to know?

 

Let us know what the counterclaim says when you get it!

[homershairdo]

But all I was doing was seeing whether anyone has had a counterclaim issued against them recently from SC&M, and whether they had or had not received the paperwork. Jon700 is in the same boat! All I am trying to do is get some info without bothering the busy mods, who do a fine job on this site!!

[homershairdo]

Anyway, what are we doing at this hour having an email debate!!!

[barracad]

Ok but you said

 

Do any of the mod's have any thoughts on this??

 

And you have then BUMPed the thread saying

 

Bump!! If anyone has any prelimerary ideas or thoughts!

 

Obviously nobody can give you an advice on how to deal with a counterclaim if they haven't seen it!

 

Maybe somebody else has had a counterclaim, maybe 100 people have had counterclaims - it doesn't make the slightest bit of difference. You don't know what it says in your counterclaim until you receive it.

 

Sit back, have a beer, and wait for the counterclaim. Don't panic.

[homershairdo]

Ok but you said

 

 

 

And you have then BUMPed the thread saying

 

 

 

Obviously nobody can give you an advice on how to deal with a counterclaim if they haven't seen it!

 

Maybe somebody else has had a counterclaim, maybe 100 people have had counterclaims - it doesn't make the slightest bit of difference. You don't know what it says in your counterclaim until you receive it.

 

Sit back, have a beer, and wait for the counterclaim. Don't panic.

 

Fair point well made - and I don't want to get into an arguement over my grammar!

[thunderpuss2k]

From the Moneyclaim users guide:

 

If the defendant has a claim against you (a counterclaim) he can make it online or by completing the N9B in the claim pack.

The defendant can only make a counterclaim online if he is filing a defence to all or part of the claim.

Where the defendant files a defence and a counterclaim, but has not paid the court fee for the counterclaim (or gained fee remission or fee exemption), we will transfer the claim to the appropriate court. We will inform the defendant that if the counterclaim fee is not paid within 7 days to the local court, then the local court may take steps to strike out the counterclaim and we will copy this to you for your information. Before you commence work on a reply to a counterclaim, you are advised to check with the local court whether the counterclaim fee has been paid

 

The court can direct that a counterclaim be dealt with as separate proceedings, but that - along with any defence to the counterclaim - is further down the road once we've learnt (1) whether the counterclaim fee has been paid, and (2) exactly what they're counterclaiming!

[homershairdo]

Cheers for that! So in essance, are LTSB using this as a scare tactic - if (in theory) I dropped my claim, they would then not have a counterclaim?

[homershairdo]

Stranger and stranger - contacted MCOL via the telephone asking about the CounterClaim - they have no record of a Counter being made. So I am confused! Very much in fact! Has anyone else contacted MCOL yet about this?

[thunderpuss2k]

Stranger and stranger - contacted MCOL via the telephone asking about the CounterClaim - they have no record of a Counter being made. So I am confused! Very much in fact! Has anyone else contacted MCOL yet about this?

 

Have you tried phoning the court it was transferred to?

[homershairdo]

Not yet, will being doing that at lunch, as well as rephoning MCOL to make sure I have got the right end of the stick, and not the crappy poo covered end.......

[thunderpuss2k]

Good plan. I mean if you have something from MCOL saying that a counterclaim has been filed - whether the money has been paid or not - they should still have a record of it?

 

BTW what was the date of the letter you got from MCOL? I remember you saying that it stated the counterclaim fee hadn't been paid, so the defendent had 10 days to do so otherwise it'd be struck out.

[homershairdo]

RePhoned MCOL, who double confirmed that there was no counterclaim ON THEIR SYSTEM, then contacted the local court, who went through the file and found nothing relating to a counter claim. So it is entirely possible that someone made a boo-boo (which was confirmed by MCOL)

 

As for the letter from MCOL, it is dated 20/07/2006, so six days and counting. I will potentially wait until the 10 days are up before sending the AQ, just to see whether LTSB make a move.

[thunderpuss2k]

Weirdness. Double check the reference numbers on the letter from MCOL against previous reference/case numbers, perhaps it's to do with another case? A Court can't just merrily send out a notification of counterclaim then say it doesn't exist. Might be time to write them a letter asking for written clarification. Always best to cover your rear..