Boonbetty v Lloyds TSB **WON**

[Boonbetty]

My claim has been acknowledged (27.2.07) and I'm assuming that a defence will be entered. I've therefore been doing some preparation, but for some reason I cannot open Bankfodder's basic court bundle after I have downloaded it. Has anyone else had this problem? It keeps coming up Wordpad has caused an error. I know I have plenty of time but mindful of advice to be prepared .....

[Boonbetty]

Received defence yesterday so have to fill in AQ - would it be OK just to use the template in the library? This is the defence:

 

1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street London EC2V 7HN. It is admitted that the Claimant has been customer of the Bank at all material times.

 

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

cheques

bank statements

the facility to make payments by direct debit and standing order

debit cards

ATM's (cash machines)

 

3. By maintianing the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Bank's own funds. If the Bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that there are normally no charges for everyday banking at Lloyds TSB when your account is in credit.

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.

If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go ahead.

 

4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss.

 

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incured during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

 

6. The charges are fair and reasonable, and it is denied that they are unlawful.

 

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the Bank, and purusant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

 

8. In the premises:

8.1 the charges are for banking services, and are not damages nor a penallty;

8.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable;

8.3 It is denied that the charges are unlawful or contravene any statute or regulation.

9. The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

 

I imagine this the standard defence and I can use the standard AQ?

[121o121]

Its a standard defence.

 

Are you sending the AQ with the prosed draft directions?

[Boonbetty]

I was considering sending the proposed draft directions as this may possibly bring matters to a speedy conclusion.

 

Unfortunately I am still having computer problems, see earlier post, and unable to open the basic court bundle. If someone could let me have a list of what I would need this would be very helpful and give me a bit more confidence. Or indeed can anyone think of another way I can get the basic court bundle?

[121o121]

I suspect the problem may be with your computer opening a ZIP file apposed to the link you downloaded.

 

If you want to PM me your email addy I can send it to you via email.

 

You have nothing to lose proposing the new directions. If the judge agrees it will bring maters to a close sooner. If not, your back with the court bandles anyway and have lost nothing.

[121o121]

Have just emailed you the bundle.

 

If you don't have Microsoft Word you won't be able to open it.

[121o121]

Check the email again. Copy and pasted the Word document into Word Pad. The only trouble with this is it may be spaced incorrectly when you view / print it.

[Boonbetty]

Thanks, this is much appreciated. Armed with new confidence I am pressing ahead with AQ.

[Boonbetty]

My claim is under £1500 so I don't have to pay a fee with AQ. Do I just tick the No box in section H? Or do I need to put 'not applicable' or some other explanation?

[Boonbetty]

My claim is under £1500 so I don't have to pay a fee with AQ. Do I just tick the No box in section H? Or do I need to put 'not applicable' or some other explanation?

 

Can anyone help please?

[GuidoT]

Tick the No box.

[Boonbetty]

Thanks - ready to post.

[Boonbetty]

Page has been moved - can anyone help please?

[Boonbetty]

No need for court bundle - sent copy AQ to SCM on 19.3.07 and they settled in full on 23.2.07, money was already in the account when I got their letter today. Thanks to everyone who helped me.

[Janet-M]

CONGRATULATIONS

[dolly]

That is brilliant news

[BARTY]

Congratulations!! :D

Barty:)