Just starting out ***WON***

[tjinuk]

Hi

 

Can anyone have a look at this for me and see if everything seems fine before i take it to court on thursday. I have ticked no to human rights and also do i cross out the bit that says...

Particulars of claim(to follow)(attached)???

Then sign, print 3 or more copies and take with money to bank.

Is that right??

Do i send the registered address a copy too??

Thanks so much and sorry to be a right pain in the bum!!!

Tracie

 

 

 

Claimant

 

xxxxxxxxxxx

 

Defendant

 

LLOYDS TSB BANK PLC

25 GRESHAM STREET

LONDON

EC2V 7HN

 

Brief Details of Claim

 

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant .

 

Value

 

Charges £1,410.00

Overdraft Interest £0.00

Interest under s.69 County Courts Act 1984 £101.63

Court Fee £120.00

TOTAL £ 1,631.63

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.32 per day OR at such rate and for such periods as the court deems just.

 

Particulars of Claim

 

1. The Claimant has an account (xx xx xx xxxxxxxx) with the Defendant which was opened on or around 2002.

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £1,410.00.

 

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

[tjinuk]

oops..

 

I meant to say..take to court, not bank and attach copies of charges.

Does that seem right

Sorry to be a pain, just want everything right before court action.

Thanks

Tracie

[nicsussex]

Well providing you are taking it to the court and not the bank seems fine to me.

[tjinuk]

Thanks nicsussex...'less haste more speed' springs to mind...

 

Well get them printed off then and take to court.

One more thing...do the court forward the copy to Lloyds or do i send that copy and if so where do i send it..registered address??

Thankyou for your time.

Tracie

[nicsussex]

No the court will send the copy to Lloyds - that is why you need three copies - one for the court, one for them to send to Lloyds and one for you.

[tjinuk]

Thankyou so much...i thought id done all the reading i needed and then when you start filling the N1 in you come across different things and panic...lol..all in control now..thanks to everyones help here..!!!

Thankyou

Tracie...

[tjinuk]

Hi all

 

well i was just starting a message to ask how long it takes to the court to get back to you once you have filed. Guess what, its just come through...lol.

Well, it says the following

 

Your claim was issued on 10th april. The court sent it to the defendant'lloyds' on the 12th aril. It will be deemed to be served on the 14th april. The defendent has until the 30th to reply.

 

Under that is like a tear off part which says...Request for judgement

 

With a box a and box b.

 

so i now wait until Monday the 30th april. What happens if i dont hear after that date??

Do i send their solictors a leeter to remind them??

Thanks for all info.

I dont think i need to do anything else yet, do i??

 

Thanks

Tracie and behalf of daughter katie

[BARTY]

Hi

Yes it's just a matter of waiting. If you haven't heard anything by the 30th come back on and tell us, and someone will tell you what to do next, but it is more than likely that they would have acknowledged by then.

Barty:)

[tjinuk]

Hi

 

Thanks Barty. I will sit tight!!

 

tracie

[migsybhoy]

hi all.sorry if this is posted in the wrong place.im at the end of my tether here with hbos.i handed in my letter on the 5th march to my local branch.i recieved a letter back from them saying it would take 28(not 40)days for me to recieve my statements.more than 40 days have passed.ive been on the phone to them on numerous occasions and have been messed about constantly.now they are saying that anyone who became a hbos customer before 2004 has to wait longer than anyone else!!!she said its because its 2 different sets of bank statements i need.im sorry but i have never heard this before.and she is basically saying that it will take another 40 days and there is nothing i can do about it.i know i am probably owed a fair bit of money,but i feel they are just messing me around.has anyone else heard this??

[BARTY]

hi all.sorry if this is posted in the wrong place.im at the end of my tether here with hbos.i handed in my letter on the 5th march to my local branch.i recieved a letter back from them saying it would take 28(not 40)days for me to recieve my statements.more than 40 days have passed.ive been on the phone to them on numerous occasions and have been messed about constantly.now they are saying that anyone who became a hbos customer before 2004 has to wait longer than anyone else!!!she said its because its 2 different sets of bank statements i need.im sorry but i have never heard this before.and she is basically saying that it will take another 40 days and there is nothing i can do about it.i know i am probably owed a fair bit of money,but i feel they are just messing me around.has anyone else heard this??

 

Hi

This is the Lloyds forum, post the same message in the HBOS forum, and I'm sure someone will be able to help:

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/

 

Barty:-)

[tjinuk]

Hi All

 

Well im just wondering what i do if i have not heard anything by Monday. That is the date i was given for Lloyds to put in a defence. Will the courts let me know or do i have to ring to find out if anything has been sent in??

Just wondered as want to get ready for my next steps, i have heard nothing except a letter from lloyds to say they need another 4 weeks to look into my complaint..yes right!!

Thanks

Tracie

[tjinuk]

Bump

[Pondfish]

Hi Tracie,

 

I would give the courts a ring on Monday to see if they have recieved a defence. If not ask them wether you should ask for a judgement in the absence of thier defence.

 

Lloyds have been leaving it to the last possible moment, and in some cases the courts have accepted their defence after the date it should have been in. Seen a few threads where people have asked for judgement only for Lloyds to be allow to enter a defence after the date. Not fair that eh!

 

Good luck

 

Pondy

[tjinuk]

Thanks Pondy...i will ring them on Monday to see whats happening!!

 

Tracie

[tjinuk]

Hi All

 

Well today i recieved a letter from the court.

It says...

Notice that acknowledgement of service has been filed. The defendant responded to the claim indicating an intention to defend all of the claim.

 

It was served on the 25th April and they have 28 days from the date of service of the claim to file a defence.

Solicitors Sechiari Clark & Mitchell

 

So, do i now wait to hear from them?? Or do i send the solicitors a letter??

Any help would be appreciated gratefully.

Thankyou

Tracie

[Michael Browne]

Yes send SCM a copy of the schedule. See halfway down post#1 here:

Getting MCOL Right

[tjinuk]

Hi

 

I served this at my local court so do i still have to send them a copy or do the court send it?? I didnt use MCOL.

Thanks

Tracie

[Michael Browne]

No, since presumably you attached the schedule to your N1. In which case SCM will have been served a copy.

[tjinuk]

Hi

 

I presume you mean a schedule of charges?? Yes this was attached to all the forms, 3 copies. So now do i just sit tight and wait to hear from them?

 

Thankyou for your help

Tracie

[Michael Browne]

So now do i just sit tight and wait to hear from them?

Yes just wait for their defence

[tjinuk]

Morning everyone,

 

Today i recieved Lloyds 9 point defence and the AQ. This has to be returned by the 30th May. I have had no contact from Sc&m up to now. My question is, do i return it as quick as possible or wait until a couple of days before?? Does it make much difference?

Also i have been reading through a few threads to get an idea on what to say and what not to say. The form i have is the N150. Any help would be greatly appreciated. Thanks.

Tracie

[tjinuk]

bump

[Michael Browne]

Allocation Questionnaires - A guide to completion: N149 & N150

Allocation Questionnaires - A guide to completion

Scroll to below N149 for N150 guide

Allocation Questionnaire - Draft directions order

http://www.consumeractiongroup.c o....tionaires.html

[BARTY]

Hi

I would send it as soon as possible, these links should help:

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

 

Barty:)