Mazza Vs Lloyds

[Mazza954]

Hi

 

I have been following the step by step guide and have sent my LBA, the 2 week dealine ran out yesterday and I did not recieve any response from Lloyds. I just want to clarify what my next steps are, I am going to complete either an N1 claim form or complete the online claim form on the money claim web site is this correct? When filling in the defendants name and adress should I use the Gresham Street address? Is it at this stage I add the spreadsheet including the 8% interest?

 

Any help with this would be much appreciated.

 

Mazza

[Pondfish]

Hi Mazza954!

 

Yes you are correct with all those questions.

Pay particular attention to the POC (Particulars Of Claim) section when you complete either your N1 or Moneyclaim Online form.

See the links below for info on what to enter as this is important.

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

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Hope it helps!

 

Pondfish

[Pondfish]

Thanks for the Click!

 

Pondy

[Mazza954]

Hi

 

Once you have submitted a claim using MCOL do you then send another letter to Lloyds advising them you have filed a claim against them? If so is it at this point you send them a copy of the charges with the 8% interest added on?

 

Regards

 

Maria

[BARTY]

Hi

No you don't have to let LTSB, the Courts will do, but you do need to do the following:

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,

Money Claim Online

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 Faithfully

 

 

When 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/Madam

(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

 

 

 

Good luck, let us know how you get on.

Barty:)

[Mazza954]

Hi Barty

 

Does the solicitiors address appear on the Notice of Acknowledgment or do you happen to know what it might be or where I could find it?

 

Mazza

[GuidoT]

It usually does appear on that, but not always, if it does not post again and someone will post the address of SCM.

[Mazza954]

Hi

 

I received an Acknowledgment of Service in the post today dated 24th March therefore do I assume 28 days on from that date?

 

Also the solicitors have ticked box 1) I intend to defend all of this claim, is that the expected response?

 

I have sent a copy of the schedule of charges to the solicitors today with a covering letter as per the previous post.

 

What can I expect to happen now?

 

One other question which has been bothering me I am seeking to reclaim my charges from 01/01/2000 which is over the 6 year time frame do you think this will hinder my claim, I can adjust my figures to reclaim from 13/03/2001 as that would be 6 years but all the documentation which I have put forward has been from 01/01/2000?

 

Any help with the above would be much appreciated.

 

Regards

 

Mazza

[dolly]

1) It is 28 days from the date it was deemed served.

 

2) Intend to defend in full is completely normal.

 

3) Next you will get a copy of their defence and an Allocation Questionnaire to complete and return to the court.

 

4) The dates should not hinder your claim, they will not pay them so your settlement figure will be less than your claim figure. I imagine that this will be mentioned in the defence.

[Mazza954]

Hi

 

Thanks for your response could somebody give me an indication of how far along I am in the whole process at this point in time based on my previous post, I am just concerned that I may be required to do something else at this point I don't want to slip up now. I have followed the step by step guide religiously so I hope I am persuing this correctly.

 

Must say thanks again to everybody for their help with getting through this.

 

Regards

 

Mazza

[dolly]

You can't do anything until you get the AQ.

 

As far as time scales go, Lloyds are so unpredictable. They could pay out next week or in 6mths time! Some occasions they have been paying around the time the AQ is due in, others aren't getting money until the day before their court date.

 

There really is nothing you can do until you get the AQ and their defence.

[Pondfish]

Hi Mazza,

 

Have you let a Mod know that you have started court proceedings?

 

If you PM a mod with the details of when your claim was served by the courts they will enter it in the "Litigation in progress forum". If you visit that forum you will see what information is listed.

 

regards,

 

Pondy

[Mazza954]

Hi

 

I received the AQ today which I have completed as per the template section, I have also written up the draft directions as recommended. I intend to send the completed questonaire back to the court tomorrow with the fee. I have few questions around this and my next steps:

 

1. Do I need to send a copy of the completed AQ to SCM?

2. What can I expect to happen next?

3. Should I start to prepare my bundle for court now if so can anybody provide me direction on what I should include?

4. In the court bundle do I need to provide a copy of all the statements showing the charges?

 

I am starting to become concerned that I am not completley prepared despite taking great care to do everthing by the guidelines laid out.

 

Any help would be much appreciated.

 

Regards

 

Mazza

[nicsussex]

1. Yes - it is a courtesy - but not one that they will extend to you!

2. Issue of a court date

3. Not really necessary until 2 is decided

4. Yes

 

Good luck - you seem to be doing fine.

[Mazza954]

Hi

 

One other question for anybody who is claiming against Lloyds, to date I have had no offer, not even a partial or goodwill gesture made to me by them but I notice some people have, at what stage where these offers made?

 

Mazza

[nicsussex]

It does seem to be somewhat random - how much is your claim for?

[Mazza954]

Hi

 

In total with interest it is approx £2,500.

 

Mazza

[Pondfish]

Hi Mazza,

 

The Goodwill Gesture is usually made around the expiry date given in your LBA. Looks like they might have forgotten you.

 

Still press on, it's not too much longer before you get the whole lot back!

 

Pondy

[Mazza954]

Hi

 

I received a letter from SCM this morning and they are asking me to explain how I am calculating the interest on my claim. Is there anywhere on the site which provides the correct explanation I know it is calculated at 8% but I wa looking for the proper explanation to send to them?

 

Regards

 

Mazza

[Pondfish]

Hi Mazza,

 

This request is a little strange, as the 8% interest is a Statutary right you have once the claim is filed with the courts. They know this! Everyone adds this if thier claim reaches the courts.

Did you use a CAG template spreadsheet to calculate your interest? The only reason i can think of for [problem] to query this, is if you have calculated the interest incorrectly.

 

Pondy

[Mazza954]

Hi

 

Have since managed to speak to somebody at SCM re the letter and it would seem they had not received my initial cover letter with the details of the charges that I sent out to them in February, even though I sent the letter recorded post and have proof it was received.

 

I did use the template in the library to calculate the interest so I do believe the amount is correct.

 

I am going to resend the charges with the 8% interest hopefully that will suffice and answer all their questions.

 

Mazza

[Pondfish]

Hi Mazza,

Hmmm, it did seem a little unusual.

 

Oh well looks like you have things in hand now.

 

Pondy

[Mazza954]

Hi

 

It had been a few months and I hadn't heard anything from the court, bank or SCM then the day before I was due to go on holiday I received a letter from SCM saying LLoyds would be settling my full claim!!! Hurray and then the cash was deposited in my account. I have only just returned from holiday and have received a letter from the court called 'Standard order for stay for settlement with consent of all parties' my question is does there exist in the template library a letter which I could copy to reply to this court letter to advise the court that the claim has now been settled so I no longer need to continue through the small claims court route? SCM also requested a copy of this letter be sent to them. As I have followed the advice of this site throughout my journey to this pont I want to finish this off correctly. Then I will be making my donation as without the asistance of this site I would never have gotten to this point.

 

Regards

 

Mazza

[BARTY]

Congratulations!! :D

There is a letter in the link below to send to the Court, the link does work:

Error

Barty:)

[nicsussex]

Excellent news - well done!