Huge bank charges **WON**

[jamiewalk1]

Hi, Thanks for your reply Barty, I now have the court transfer of proceedings form, in the Defence the bank solicitors say "Further, insofar as part of the claimant's claim is based on charges levied on his account prior to six years from the date of issue of his claim, that is 14th March 2001, this part of the claim is statute barred by Section 5 of the limitation Act 1980. The defendant is unable to verify the amount claimed prior to the 14th March 2001 as the Statement of Claim does not show how the amount claimed is arrived at."

"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.

 

My first letter to Lloyds was in October 2006 which is when I started my list of charges from, following the posts on this forum, is this still correct or do I need to send copies of my bank statement to the solicitors to back up where the first charges have come from,

Any help would be much appreciated, I am now waiting for allocation questionnaire.

 

Thanks all, Jamie

[jamiewalk1]

Hi,

Can anybody please give me any help on the above post regarding the time I am claiming my charges from, it would be appreciated,

 

Jamie

[empowered]

Hi, Thanks for your reply Barty, I now have the court transfer of proceedings form, in the Defence the bank solicitors say "Further, insofar as part of the claimant's claim is based on charges levied on his account prior to six years from the date of issue of his claim, that is 14th March 2001, this part of the claim is statute barred by Section 5 of the limitation Act 1980. The defendant is unable to verify the amount claimed prior to the 14th March 2001 as the Statement of Claim does not show how the amount claimed is arrived at."

"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.

 

My first letter to Lloyds was in October 2006 which is when I started my list of charges from, following the posts on this forum, is this still correct or do I need to send copies of my bank statement to the solicitors to back up where the first charges have come from,

Any help would be much appreciated, I am now waiting for allocation questionnaire.

 

Thanks all, Jamie

 

Not sure how much I can help, but I do know that charges can only be reclaimed back from the date of filing your claim at court. When you filed, did you include a complete schedule of all charges, dates and amounts? I don't know how they can deny the "entire claim" if they have a schedule from you and your POC was filled out correctly. Perhaps you can enlighten!

[jamiewalk1]

Hi, thanks for your reply, I did include a full schedule of charges, dates and amounts, I used the spreadsheet on here, there are only about 5 charges up to the end of 2000 that I do have the statements for. There is a section on the site now saying you should claim beyond ten years so will post in there also for help,

 

thanks, jamie

[jamiewalk1]

Hi,

My claim is going to court with lloyds TSB on the 26th July I am trying to find out if I need to send a court bundle as my letter says about the defendant submitting one or if I need to do anything else, so far I have received no contact since receiving lloyds defence in May.

A copy of the letter is below, as it's getting close to sending a bundle in any help would be much appreciated and then I could send in my bundle early next week. My claim is for £4720.59 if needed and is for 6 years and 5 months of unfair charges.

 

IT IS ORDERED THAT

 

1. The claim be allocated to the small claims track

 

2. The claim be listed for further directions only at a preliminary hearing on the 26th July 2007 XXX County Court.

 

3. At this hearing the court will consider either:

 

a) To stay the claim pending the decision in a test case involving the Defendant, or

 

b) To give directions for this claim to be heard as a test case , and if necessary to reallocate the claim to the multi track for that purpose.

 

4. Not less than 14 days before the preliminary hearing, the Defendant shall file with the court and serve upon the claimant details of any test case, the decision in which will determine the issues in this claim. Alternatively, the Defendant shall file with the court and serve upon the Claimant draft directions for this case to proceed as a test case.

 

5. The Claimant may make any representations to the court in writing provided these are received by the court and served on the Defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the Judge as to the directions to be given, that party is excused from attending the preliminary hearing.

 

END

 

Does this last bit mean I do not have to attend the hearing?

 

Many thanks again and will keep updated on my progress and outcome,

 

Jamie

[Michael Browne]

See here:

Court Date? - A Guide to Different Hearings

GOT A COURT DATE? A guide to the later stages

 

If the bank doesn't comply with 4, you could ask for the defnce to be struck out.

 

5 means you don't have to attend the haerin, but it would be wise to do so.

[jamiewalk1]

Just to let everyone know, just had £5066 paid into my account a week before the court date (Lloyds TSB), really shocked but was ready to go all the way, many thanks to this site and the step by step guide,

 

will be making a donation as soon as i get confirmation letter,

 

cheers all, jamie

[jamiewalk1]

Can a moderator send me to winners circle please!!!

[nicsussex]

Excellent news - well done!

[Charlies Angel]

Well done and congratulations. This thread gives me inspiration as my claim is also £5k.

[fzrkitten]

Well done, inspiration for me too!

[Titch28]

Congratulations and enjoy it.

 

T

[zootscoot]

Congratulations!!!!!!!!!!!

:D

Don't forget to fill out the survey

A donation would be very much appreciated

Enjooy your payout!

**********

[BARTY]

Congratulations!! :D

Barty:)

[olliebollie]

Well Done,

 

Big Congrats

[christinajanep]

congratulations

[jamiewalk1]

Thanks all,

Glad it has given people inspiration also, I got nervous about what I was doing but keep with it and visit this site to ask all your questions, it's worth it in the end. Be accurate with your spreadsheet of charges and make sure any important documents or copies are send recorded signed for, this also gives a feeling to them you are serious, look professional and you will portray this image.

Good luck to you all,

 

Jamie

[ehualrightkid]

CongratulationsI was claiming £6800 and had similar concerns as you, about the amount been over the £5000 limit. I tried complaining to the Ombudsman, just got a letter today offering £6300 so I am going to accept! perhaps there is some justice in the world after all................

[jamiewalk1]

This topic was closed on 10 March 2019.

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