Just instructed MCOL...

[jessika1]

Hi All, Just after a bit of advice please...

 

I have sent my letters off to lloydss, got one response saying you are not having a penny or words to that effect..

 

Have filed with MCOL today and was just wondering what happens next? Do i have to do anything? Also, what happens if i end up in court, do i need a solicitor etc this has all gone a bit far for me and although i intend to carry on i need a bit of help!

 

thanks in advance

[BARTY]

Hi and Welcome!

Right if you have filed with MCOL, you 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

 

 

 

 

You won't need a Solicitor. They have 14 days from when your claim is served to acknowledge it and the 28 days from when claim is served to enter a defence.

Just keep reading round the forum, especially in the Successes to give you an idea about the process after a claim has been filed:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

 

Good luck, let us know if you have anymore questions.

Barty:)

[jessika1]

thanks so much, i will send those out today...

 

So they basically have 28 days from today to enter a defence otherwise i win, is that right? When they enter the defence what do i do then? I keep reading about defence questionnaires and other questionnaires and to be honest it is very confusing!

[Rooster-UK]

Hi Jessika.

 

You now wait for notification that the summons has been served.

 

While you're waiting, spend a few days reading the FAQs and the step by step guide in the library section. That will answer most of your questions.

 

Start your own "battle-thread"....call it Jessika -v- Lloyds.

Post in it the complete history of your claim with as much detail as you can.... letters sent, letters received, dates, etc.

If you have any problems then post them in your battle-thread and provided that you keep it up to date with progress reports, someone will be able to help you.

 

Good luck.

Regards, Rooster.

[jessika1]

thanks guys, have sent details to MCOL Nottingham and will wait for details from court...do they come by post or do i have to log on MCOL to find out?

[BARTY]

Hi

Both, it comes by post and you can check on MCOL.

Barty:)

[jessika1]

can i change the name of this thread to Jessika v Lloyds or do i start a new one? In this section?

[BARTY]

You need to send a PM to one of the Mods (names in green) and ask them to change it for you.

Barty:)

[jessika1]

I have an awful feeling...i have just deen reading a couple of threads and i fear that i have used the wrong address when i filed MCOL, does anyone think this will be a problem...please say no!

[BARTY]

Hi

Can you remember what address you used?

Barty:)

[jessika1]

yeah my local branch, which is where all the letters have been sent...am i in trouble? Can i maybe contact the court?

[GuidoT]

Should use the registered office address, i.e. 25 Gresham Street. I have seen several claims where Lloyds do not response unless served at registered office.

 

You could try phoning MCOL now and advise them that you want to change the address, but I think you maybe a little too late.

 

This is the correct address:

Lloyds TSB Bank Plc

25 Gresham Street

London

EC2V 7HN

 

If you do not receive an acknowledgement from Lloyds in about a fortnight then you will have difficulties.

[jessika1]

Moneyclaim...What a brilliant company! I just called them as their advice was

 

1. Wait until 2nd April, if i have heard nothing then i can call Moneycalim and they will reissue to the correct address for no additional fee (they have put a note on my account)

 

2. He thinks that the branch will just pass it to H/O anyway as my local branch is so small so he thinks it will be fine

 

Thanks for the help, was really worried for a second there, it may take me a little longer but whats another two weeks really...

 

Let this be a lesson for others...use the right address!!

[GuidoT]

Good stuff, I have not heard them do that before for no additional fee.

 

Unfortunately usually the banks do not pass the claim forms on, I believe they deliberately do this, to be difficult. Let us hope in this instance I am wrong.

[jessika1]

lets hope so, otherwise i am in for a long wait...

[jessika1]

Well, got the Notice of Issue from Money claim stating that the claim was sent to Lloyds on March 13th and it will be deemed to be served on the 18th march.It also states that the defendant has till 1 April to reply (knowing my luck they will play a very nasty April fool!) what does this mean exactly and do i have to do anything?

[BARTY]

Hi

All that means is that LTSB have to acknowledge your claim by the 1st. When they acknowledge it will come up on MCOL, and you will receive a letter from the Court telling you they have also. So all you have to do is wait.

Barty:)

[jessika1]

Thanks Barty!

[jessika1]

Got a letter from Lloyds yesterday saying we are very sorry you are unhappy blah blah blah please accept £750 as a token of goodwill etc can i accept this as part settlement? I have already started the MCOL process so do i need to infirm anyone that this money has been paid to me (when it gets paid)

[jessika1]

Just spoke to Andover on phone - noticed that the letter is dated 7th March even though i received it yesterday...nice guy, said money will be in account soon, backlog due to high volume of complaints!! Excellent...

 

He said i could write to them accepting this figure as part payment then carry on with court proceedings - i need to send letter 5 i believe to the Andover address - can anyone confirm that i am right!!??

[jessika1]

Will this do??

 

Template letter removed, please note that template letters are not to be posted in the open forum, links are permissable.

[BARTY]

Hi

That looks OK to me.

Barty:)

[jessika1]

Just a quick update, received 750 in my account from Lloyds today, am sending out letter from previous post today

[jessika1]

Claim was acknowleged yesterday, quick question, it was 'deemed to be served' on 18th March and acknowleged 26th March, when do they have to enter a defence by, 28 days after the 18th? (and is that the next stage?)

[BARTY]

Hi

Yes 28 days after the 18th.

When they enter a defence, you should recieve a copy of it and an Allocation Questionnaire to fill in, have a read of the links below to help you with that:

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:)