Wallop vs Lloyds

[wallop1]

I have already sent in an initial letter with details of my claim and i have received Lloyds standard reply. About 2 weeks ago i have replied to this and as yet have no reply from them even though that are now out of the 7 working days request for reply i stipulated. Being slightly bullish i collected my N1 court forms this morning and intend to do some work on it over the weekend.

I am claiming over £800 but did not include any calculation for interest. Do i need to write to them again to request this amount also or should i simply include this amount in my N1 form?

[BARTY]

Hi

If you mean the 8% statutory interest, you don't add that on until you file at Court. Have a look at the following link to help you with your N1:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

 

Good luck, let us know how you get on.

Barty:)

[wallop1]

Cheers Barty. I have drafted the court docs now and I'm just getting together the £120 fee. I'll report back once everything is sent off.

 

Over and out

[wallop1]

Hi all

I now have the money for my court proceeding and have drafted the N1. However, I was wondering whether I ought to send another letter to Lloyds. The reason being is that the other two letters that i sent, i didnt send by registered post. I received a letter back from them from the first letter, but not from the second. Are Lloyds likely to claim that they didnt receive my second letter? If so, is it better for me to send a third letter with confirmation by registered post?

 

I am keen now to get things moving. Does anybody have any experience of dealing with Lloyds when they claim missing letters?

thanks in advance,

wallop

[empowered]

yep - standard Lloyds practice! File your N1 and keep to your timetable not theres!

[wallop1]

i really do want to get things moving on this. would you continue with legal action then and not send a third letter by registered post?

thanks again

[BARTY]

Hi

Yes start the Court claim, sometimes they don't reply to your letters, so don't worry about that.

Barty:)

[wallop1]

okay i have just filed my court papers and now looking forward to receiving Lloyds response. My claim total was just under £1200.

 

Please let me know if you want me to transfer this thread to another track or put any of my claim form up.

How exciting!!!

[BARTY]

Hi

If you send a PM to one of the Moderators (names in green) with all your claim details, they will add it to the "litigation" section.

Barty:)

[wallop1]

ok. have just received the acknowledgement of service from the court and told that Lloyds have decided to defend all of the claim. They have 28 days from the service of the claim form (deemed to be 14 April as per notice of issue). This means that i should expect their defence by 12 May. They have instructed SC&M as usual. Blimey they must be doing well in terms of revenue this year.

 

Do i need to do anything in the interim or just wait for their defence and the allocation questionnaire?

[BARTY]

Hi

Just waiting really, also you may find you are not sent an AQ:

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

 

Barty:)

[wallop1]

I just received £750 in my bank account which i guess is a partial success. They havent sent me a letter or anything yet though. I will still look to recoup the rest by not agreeing that this is final settlement. I'm going to continue with litigation until they pay up with the rest.

 

I'll let you know what the letter looks like when it eventually drops through the door.

 

Off to the pub now to celebrate!

[wallop1]

ok i received a letter from Lloyds saying that they were offering me the £750 in full and final settlement of my claim, ordinarily they wouldnt do this, but in this instance they would make an exception. I'm going to write a letter back to them saying that i accept this as partial refund but will still claim the outstanding £400+. I will also need to highlight that this will continue to court should i not receive it. Any suggestions of any templates to use anyone?

 

thanks

[BARTY]

Hi

Use one of the letters here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

Barty:)

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html I WON!!!! :D

If I have helped, please click my scales:)

[wallop1]

Thanks Barty. I have just sent off the required letter. Is it likely that they will take the amount out of my account then? I'd rather got used to it being in there.

 

In any event, i think we are pretty close to it being settled as they have to enter their defence in 3 days time. The AQ should be sent out next week and then hopefully listing for sometime in the next couple of weeks.

 

Thanks again for all your help!

[BARTY]

Hi

I have never heard of them taking back the money.

Barty:)

[wallop1]

Ok received the following defence from Lloyds over the weekend along with the AQ from the court:

------------------------------

 

1. It is admitted that the Claimant has been a customer of the Bank at all material times.

 

2. By opening an account with the Bank, the customer enteres 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 banks charges, currently in a leaflet. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are porvided for free, not withstanding that they are an expense to the bank.

 

3. By maintaining 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 requesxt for a payment from the banks 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....

 

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 banks loss.

 

5. The customer is given advance warning of charges being imposed; statements show the charges, if any, the customer has incurred 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, any payments such as standing orders and direct debits are refused then again the customer is warned by letter.

 

6. The charges are fair and reasonably, 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 statment. The charge are terms wich relate to the price payable by the customer for a service provided by the bank, and pursuant 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 penalty;

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.

 

-----------------------------

 

Standard response i presume. I am just in the process of filling in the AQ and will have it delivered to court by the end of the day.

 

I have also sent off my letter to Lloyds saying that i do not accept their offer of £750 as full and final and that they should feel free to take the amount back from my account. I have had no further response from this yet nor have they debited by account with this amount.

 

Will keep you informed, Wallop

[wallop1]

ok. AQ is almost ready but wondering whether i should mention that i have received a repayment of £750 (NB i did not accept this offer of full and final settlement and wrote back to Lloyds to tell them so) in the 'Other information' section. At present i am also putting in a draft order for directions for specific disclosure. Any thoughts anyone?

 

Also, i have drafted a letter to SCM as follows:

 

-----------------------

Stuart Sheppard

Sechiari Clark and Mitchell

Brighton, East Sussex

BN1 3XJ

14 May, 2007

 

Wallop1 –v- Lloyds TSB Bank plc

Claim no: xxxxxxx

Dear Mr Sheppard

With regard to the above case, I enclose a copy of my Allocation Questionnaire, which includes a request for directions, also enclosed, to be ordered requesting full disclosure within 14 days. I have submitted these documents to Clerkenwell & Shoreditch County Court today.

At present the claim stands at £1165.89 which includes the initial claim, interest pursuant to s.69 of the County Courts Act and the court fees.

The reason for this contact is to give your client another chance to settle before additional costs are added to the claim and more of the court systems time is wasted. I recently received a letter from Lloyds TSB offering me £750 in full and final settlement of this claim. I responded that I would not accept this as full and final settlement and that I required that full balance claimed of £1165.89. As I have not heard of you attending any of the court appearances to date, I can only conclude that you are only attempting to stall proceedings.

I will be including this letter in my evidence to show that I have tried to communicate to negotiate an early settlement, and to show the judge that I believe the way you are handling these cases to be an abuse of the court system process.

If you wish to contact me to arrange a full settlement please contact me on xxxxxx to do so.

Yours Faithfully

 

 

[curlychic]

Send an updated schedule of charges, showing the 'part payment' of £759 at the bottom. If you add it to the spreedsheet as a negative the figures (interest etc) should adjust accordingly.

 

Letter to SC&M looks good to me

 

XxXxX

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

If I have been helpful PLEASE click the scales

 

[wallop1]

thanks curlychic. noted about the new schedule. I will include this in my letter to SCM along with a revision to the letter to them as follows:

 

'At present the claim stands at £1172.29 which includes the initial claim, interest pursuant to s.69 of the County Courts Act (a revised schedule of interest is included herewith showing adjustments for the partial repayment received) and the court fees.'

 

Do i need to include any of these details to the court ie notify them about the letter from lloyds about the courtesy refund and the fact that i have not accepted it? I feel as though i should.

 

Wallop

[curlychic]

thanks curlychic. noted about the new schedule. I will include this in my letter to SCM along with a revision to the letter to them as follows:

 

'At present the claim stands at £1172.29 which includes the initial claim, interest pursuant to s.69 of the County Courts Act (a revised schedule of interest is included herewith showing adjustments for the partial repayment received) and the court fees.'

(sounds good to me)

 

Do i need to include any of these details to the court ie notify them about the letter from lloyds about the courtesy refund and the fact that i have not accepted it? I feel as though i should.(yes inform then that a part payment of xxx has been made and enclose an updated schedule.

 

Wallop

 

Personally speaking, i would also withdraw the £750 and put it in another account

 

XxXxX

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

If I have been helpful PLEASE click the scales

[wallop1]

ok, i have a court date now for September 5 so plenty of time to put together a copy of the court papers. Is there anything anybody can suggest that i can do to make them want to settle before court? I was thinking another letter to SCM

[wallop1]

ok further to more reading i've noted that i dont have an order for any directions prior to the hearing in september. i've spoken to the court and they suggested writing in to highlight that my draft order for directions that was attached to the AQ was not followed/noticed. So heres a draft fax to the court

 

"Dear Sir/Madam

I write following receipt of the Court’s Notice of Small Claims Hearing which is due to be heard on 5 September 2007. On filing my Allocation Questionnaire I had asked the court to consider a Draft Order for Directions for specific disclosure of documents from both myself and the Defendant as I believe this will bring a rapid end to this litigation. I note, however, that this course of action was not followed as no mention was made of any directions on the Notice of Small Claims Hearing.

I would respectfully ask that the court in this case reconsider and issue an Order for Directions. I attach a copy of the Draft Order for Directions that was originally attached to my Allocation Questionnaire for your consideration. If the court feels that this course of action is inappropriate in this instance, I would ask the Court to consider an order for standard disclosure."

Any comments on this anyone? I want the judge to order directions for documents before the court date or specific disclosure so that i can get a copy of the T&Cs. Is there anything else i should put in this?

 

thanks

wallop

[wallop1]

Just to say that the letter drafted above was sent to the court a few days ago. i'll let you know their reply when i receive it.

[wallop1]

I spoke with the court today (Clerkenwell and Shoreditch CC) and they are staying all claims of this nature. Looks like we are going to have to wait until the OFT decision.