catwomen v lloyds **WON**

[catwomen4]

I'm in the process of making a claim through the courts for my charges dating back to 2002 Lloyds responded to my first letter but choose to ignore my second now I have filled in the claim form on line with moneyclaim.

Could anyone out there tell me if the days you have to wait inclued weekends or is it working days only?

[Josamolly]

it includes weekends as well..

[494949]

i am in the process of trying to reclaim nearly £900 from lloyds. they have defended the claim and i had to complete a court allocation form which i did. I have now this week received a hearing date for late March, I'm getting quite scared now as its all very legal I just hope they pay up before then!!!

[corr33]

I was trying to reclaim 750 pounds they offered me 350 which i accepted. They shut down my account putting it over to debt agency just received a letter that they have sent the money to the debt agency im fuming i was told if the account no longer exsists they would send a cheque. anyone got an email address to which i can use to complain.

thanks

[catwomen4]

I have submitted my claim on line with money claim it was issued on 14 Febuary 07. I have filled in the poc section with an account of what has happened ie claiming back charges applied to my account since 2002 totaling £2800 ish and that i have sent them first letter which they replied to and said that the charges are fair, the second letter was sent and they haven't replied. I haven't entered any account number or ref number or sent the bank statments with the poc section. Do you think my claim will be ok or have i blown my chances by not filing in my poc in more detail.

If anyone could advise me whats the best thing to do i would be really gratefull.

Thanks Catwomen.

[GuidoT]

I presume you used the POC from this site.

 

No need to send bank statements yet, but as you filed on line send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[Michael Browne]

Do your POc's resemble anything like this:

5. Money Claim On-Line (MCOL) Particulars of Claim

 

If not, you are going to have to amend your claim.

[catwomen4]

Thanks for your reply.

I'm sorry to be a bit thick!! What do you mean by schedule of charges?

I've not claimed for any intrest and i presume its to late now that the notice of issue has been served on the bank.

I haven't added any of the information listed on the link.

How do i go about amending my claim?

[GuidoT]

Did you use the POCs as post 3 above?

 

The schedule of charges is the list of your bank charges, when they occurred etc. e.g:

12/2/06 Returned DD £25

12/5/07 Exc Overdraft £18....

 

Have you read these?

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

[catwomen4]

I didn't use pocs as on post 3. I just wrote that i was claiming money totalling £2800ish from Lloydstsb which was for charges on my account since 2002.

I now realise that this was totally wrong and the claim is going to be served on Lloyds on 19/02/07 so i think its to late to change the poc unless i can change these at a later date.

Also the letter template you suggested to sent to the court with my schedule of charges mentioned interest and i have claimed for the interest so i would be interested in what you suggest to put in the covering letter. I don't want to make any more mistakes.

[GuidoT]

I would try phoning MCOL now, say you made a mistake. The claim form may not have been issued yet. Ask them for a refund too, or if they can hold onto the fee for when you re-file.

 

Post back here if too late to retract and further options will be given.

[catwomen4]

Hi,

I have emailed mcol about my situation and they have replied with the following.

As you haven't requested interest in the poc as filed if you wish to claim interest you can do so from the date of issue of claim.

Question:

I am claiming for £2726 (+ £120 court fees). How would I calculated the interest from the date of issue which was 14 Febuary 07?

I've also been told that I woud need to amend my claim using a form N215 Certificate of service to re-serve on defendant and to the court.

Then I have been told I need to apply on a form n244 to amend my poc which will cost £35.00.

Could you advise me if this is the correct way to amend my claim and in what order do I do it.

Lastly I have missed a charge out of my calculations (only realised to day)is it to late to add it on?

thanks Catwomen4

[Michael Browne]

Use N244 See here:

Form N244 - application notice

 

With regard to the N244 -

 

Top left hand box:

 

1. Tick c), without a hearing

Leave the rest blank

 

Part A

intend to apply for an order that:

amends my particulars of claim

 

because:

my particulars of claim did not state the statutory provisions on which my claim relies, and I have become aware of further charges levied and therefore there is an increase in the value of my claim

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed new particulars of claim, amended to include the statutory provisions on which my claim relies , as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant"

 

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

 

N1 PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

 

2. During the period in which the Account [has been] [was] 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 Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. 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.

 

6. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

b) Court costs;

c) Interest pursuant to S.69 County Courts Act 1984 of 8% as set out on the attached list of charges - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

 

[catwomen4]

Thanks for your quick reply:oops:

Do I down load froms N244 x3 from your link and N1 x3 print off fill in and send with £35 cheque to Northampton court.

The second section in blue is that the N1 form I will fill in and send.:-?

[Michael Browne]

Only 1 N244 + 3 N1 + 3 schedules + £35 fee to the court.

The second section in blue is that the N1 form I will fill in and send

Yes.

[GaryH]

I personally would'nt amend yet - I'm not even sure that the MCOL court would have the facility to allow you to as amendments must go before a judge. Wait untill you receive the defence and file an amendment at the same time as your AQ. These issues are covered in this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html. The N215 is explained and linked too.

[catwomen4]

Do you think that if I send my amendment now that it wouldn't make a difference to my claim? Or wait untill Lloyds have filed thier defence? I don't want to risk the judge throwing it out.

Also I was wanting to add an extra charge and all the interest on to my claim whats your thoughts on this?

 

Just an added quick one do I add overdraft interest into my claim or not?Or is it the 8% I keep reading about to charge them from the date my claim was served on the bank.

[GaryH]

1) See if you can withdraw your claim and get a refund on the fee, as Guido T has said in post #7 above. You could then file a brand new claim. If its to late for that then;

 

2) wait to recieve Lloyds defence and the AQ. The defence will state that the claim is not adequately particularised and invite you to amend it. Amend your claim as advised and file it at the court at the same time as your AQ.

 

Overdraft interest is not claimable and is completely seperate from the 8% interest. The 8% is interest which is allowed by the county courts act to be added when you file your claim.

 

The 8% and extra charge can be added when you amend.

[catwomen4]

Thanks for your reply I'm going to wait and see what happens from now untill 5 March hopefully I wont hear anything.

Cheers Catwomen:p

[catwomen4]

Hello

I ve filed my claim on line with mcol and was now waiting for the 14 days to be up after it was issued onto them.Today i've received a letter from the court saying i've had an acknowledgement of service filed on 23 Feb 07. Also stating 28 days of the date of service, and they intend to defend all of the claim.

Could anyone tell me what this means?

What should I do now?

Also is the 28 days from 23 Feb 07 or 14 Feb 07 when i first issued the claim?

As i've mentioned previously i've messed up my poc and need to change them been advised to wait untill they entered a defence.

Should i still wait? Or any other advice would be great.

[Michael Browne]

The deemed date of service is on your Notice of Issue (probably 19th Feb)

[catwomen4]

Ok because I messed up my poc do I need to amend them at this point or would you suggest I wait and see what happens also I haven't sent of any schedule's so will I need to do that at this point

[Michael Browne]

As previously advised, wait untill they file a defence, ie it is transferred to your local court and amend then. In the meantime get the N244, N1 and schedule prepared ready to go with the AQ.

[catwomen4]

Hi there,

since logging on earlier I've looked at my bank account and Lloyds have debited £510 in to my account they are calling this ex gratia I,ve had no letter as yet and wounder what I should do about it also can I spend.

Thanks

[Michael Browne]

Use the most appropriate letter here:

Rejection of settlement offer

Rejecting Offers

 

I assume you meant credited.