Martin v LloydsTSB £10000+

[martinengo]

I have started claiming against lloydstsb for just over £10000, ive had reply to initial letter saying the expected 'no way you are wrong you cant claim'. Now ready to send second letter, but not sure what after that!!! Its too big for small claims courts???

[Guest MotleyCrue]

I have just received the bog standard ‘you can’t claim your money, the OFT haven’t said we have to give you anything’ letter.

Not sure what the next step is. I’m only claiming for £600, and my gf, who works for another financial house dealing with this in their law dept, says they would have just offered payment straight away on such a small amount, esp as I wasn’t claiming interest – which I may well now do. And possibly stress!! Its really ****ed me off, cos my letter was actually quite nice, it went along the lines of ‘I’ve been a customer for years, I don’t want to take the ****, just want what you took from me, we both know what the outcome will be, lets cut the crap that got you into this mess in the first place’, but now I think I may have to send a more strongly worded letter.

Do you think it is worthwhile calling them and asking to speak to the person who signed the letter, Seyad Boohnee? Have any banks settled in this manner yet?

[martinengo]

Hey dont give up its early days. You need to send the 2nd letter now insisting they pay and that you mean business, no pay then court action!! State the facts and give them a definate time limit 7 or 14 days usually. Follow these links where you will find some very useful sample letters.

 

Good luck, take no **** and kep up the fight!!

 

Bank charges: Reclaim them, they're unlawful, so you can get six years money back | MoneySavingExpert: Consumer Revenge, Credit Cards, Shopping, Bank Charges, Cheap Flights and more

 

Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow (follow step 2)

[martinengo]

Sent my 2nd letter off registered post today!!! Fingers crossed now. Sent hard letter stating the law and that I am serious and prepared to go all the way. Now i have 14 days to sort court out because i know with £10000+ at stake it will go all the way!!!

 

Any comments or storiesfrom friends in same situ please keep me posted

 

[GaryH]

Hi Martinengo,

 

Have a read of this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/51535-darling-2-takes-tsb.html, where a simular amount is involved.

 

The size of your claim won't actually make alot of difference to the process, but as there is so much at stake you do need to make extra sure that you follow the correct procedure and don't cut corners or make any silly mistakes. Take your time and do your research.

 

The main difference is that a claim over 5k will usually (but not always) go into the fast track, as opposed to small claims. This means that there is a risk of having to pay the other sides costs if you were to lose. In real terms however, this risk is minute. Bear in mind that not a single claim has seen the inside of a court yet, and even in the highly unlikely event that it did there is no reason why you should'nt win and win well, as long as you were well prepared. The law is on our side as far as penalty charges go, and this is precisely the reason why no claim has yet seen a court.

 

On the plus side, the chances of the claim actually getting to court are reduced even further in the fast track, by virtue of the fact that standard disclosure is routinely available - this means the bank would have to disclose details and costs of their charging systems, which clearly they do not want to do!

 

When you file your claim at court I would strongly suggest that you use an N1 form direct at your local court, using our template N1 Particulars of claim, rather than those you may have found on the other sites you linked above. Unfortunately some of the MCOL POC I've seen (particularly MSE's) are totally inadequate (especially for a claim of the size of yours) and there have been many instances of claims being threatened with strike outs as a result.

 

Good luck, and keep reading!

[martinengo]

Gary

 

Thanks for inviting me to Darlings case, its great news that she won!!

 

Im now at the stage have sent 2nd letter giving them 14 days then court. Its now been about 20 days with no reply. Have tried to call them but constantly engaged. I now need to start the ball rolling with the courts but have not got a clue where to start. Will you help me please??? :confused:

 

Kind Regards

 

Martinengo

[GaryH]

Chances are they won't reply - you certainly should not wait for them to do so anyway. Proceed to the next stage, which is filing your court claim. Don't use MCOL with a claim that large, file directly at your local court on an N1.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

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

 

Also, please have a thorough read of the FAQ's and step by step instructions.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

[mango22]

Don't worry about contacting them for a response. That's their responsibility to do so.

 

You need to complete a N1 form to submit a claim to the courts. I haven't yet managed to post a link but the address below will take you to the templates. Do some reading and follow that through. When I started this bit it was a bit scary but CAG make it very straight forward for us.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Hope it helps,

 

Bina

[martinengo]

Thanks Gary

 

Its a confidence boost to know I have your help and advice.

 

I will go to all your links tonight and have a good read through so as im prepared to sort the forms out Monday.

 

Lets hope i get the same success as Darling got today!!!

[martinengo]

Thanks Bina for your kind comments

 

I will be doing a lot of reading up this weekend so as im as prepared as possible.

 

Keep in touch

 

Martin

[martinengo]

Im back and i have some news!!!

 

I really need to speak to you Gary H for some advise.

 

LloydsTSB sent me a letter last week saying they had found an error in the overdraft interest on one of my accounts and was paying me back £600+ !!!!

 

They have paid this money back but I'm not sure if this is part of the money i am claiming on one of the accounts, and they have just worded their excuses well, or something totally different!!???

 

I also need to start and fill my claims form in. Do i have to pay court fees at this time??

 

Help would be greatly appreciated please!!!

[GaryH]

Hmmm... yes this has happened a few times recently - refund of charges and interest becouse they did not set up an interest free zone or something, is that right?

 

If I were you I would write to them and ask them to itemise exactly what they have refunded.

 

In the meantime, sue for the full amount, but if it transpires that they've refunded some of the charges you've claimed for then you'll have to reduce the amount of the claim accordingly. Not necessarily by a formal application, just a note to the court and Lloyds sols.

 

Your court fee will be £250 I think. See the N1 links I provided above.

[martinengo]

Hi Gary

 

You were exactly right about the letter. I will reply to them tomorrow asking for a full break down of the interest and also confirm that i am still continuing to claim full amount through the courts.

 

The £250 is that to be paid up front with the N1 form???

 

Thanks again for your help, have been reading through Darling 1's thread again from start to finish because i guess mine will go the same way!!

[GaryH]

'Fraid so mate! County Court Fees

[martinengo]

Hi Gary

 

Just to let you know im still here and now ready to fight!!! Since last talking LloydsTSB have gave me a further £1500 as a 'gesture of goodwill'. This payment has been spread over my 3 accounts in no particular pattern. I am now well and truly ready to file with court. Do i reduce figures by the amounts already got back from LLoydsTSB or stick with the original full amount according to the statements???

[BARTY]

Hi

You need to knock off the £1500 and then claim for the remaining amount.

Good luck, keep us informed on how you get on.

Barty:)

[martinengo]

Thanks for your comments Barty.

 

Can anyone give me an idea as to how long from filing N1 form with court till I here something or court dates get given, only I'm off on holiday in August and would hate to be away when replies start coming through.

 

I have the forms ready to deliver but dont want it to clash with hols.

[BARTY]

Hi

It all depends on how busy your local Court is, but I would say it'll be a least a couple of months before you get a court date. Maybe speak to the Court, they may have a rough idea.

Barty:)

[martinengo]

Thanks for that I think I will take it in to court in July because away first 2 weeks of August then should be safe till get back.

 

Getting nervous now as its alot of money and hear there are more and nore going to court!!!? Aargh :-|

[GuidoT]

If you file today, court will issue you a sealed copy in about week, you should receive an acknowledgement of service in about 2 weeks and an Allocation Questionnaire and Defence in about 6 weeks (but this can be significantly longer if the court is slow).

 

Therefore once you file the first thing you will have to do is complete the AQ in about 6 weeks.

 

These will help you complete the AQ, New Strategy a must now:

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Your court date will be well after August, but should be before Christmas (2007).

[martinengo]

Thanks Guido

 

Will do as I said and get it in in next couple of weeks then all should be in process for when I return.

[martinengo]

HELP!!!!!

 

I haven't submitted my claim to the courts yet!!!

 

What do i do now??? Am I too late???

 

Been away and been very busy with work. Any information please :confused:

[GaryH]

You can file it now if you want to - but be prepared for the fact that it may well be stayed. You may wish to hold off until the test case outcome, which should be next year. Up to you.

[martinengo]

Thanks Gary, feel like a muppet for holding on and not getting it sorted earlier now!!

 

Is it worth submitting what i have so far to an online company specialising in these claims? You know the "no win no fee" people? Do they have any further powers or ideas??

[GaryH]

No. Absolutely not. The courts are staying claims no matter who files them. In fact I'd be surpised if most of those parasites hadn't crawled back underneath the rocks from which they came by now. 90% of claims are being stayed so there is no money in it for them anymore.

 

You can file it if you wish, at least it'd be in the system and at the front of the que come payout time.