db002 v lloyds tsb

[db002]

So far i have written a template letter from another site, waited 14 days for the standard response from lloyds tsb. Then placed a small claim with the local county court.

They Filed a Defence. I then checked this site out and realised i may have made an error by requesting all my overdraft interest...

Please advise if this is the case... i have to file my Allocation on Monday...

thanks.

[BARTY]

Hi

As you probably know now, you can only claim parts of your o/d interest not all of it. I wouldn't worry about claiming it all, I think all that will happen is that when Lloyds settle they won't pay the parts that aren't claimable.

Was it a standard defence that you received?

Good luck, let us know how you get on.

Barty:)

[livelylad]

Further to our discussion can you post the details of your O/D interest claimed, You will need to to complete another Spreadsheet with the 8% SI. You will need to submit this N244 ASAP. This will cost £35 which you can not recover. You really need to get the amendment in today if possible.

 

Here is the link to the spread sheet

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

[GaryH]

So far i have written a template letter from another site, waited 14 days for the standard response from lloyds tsb. Then placed a small claim with the local county court.

 

They Filed a Defence. I then checked this site out and realised i may have made an error by requesting all my overdraft interest...

 

Please advise if this is the case... i have to file my Allocation on Monday...

 

thanks.

 

If leaving in the OD interest is the only problem then I would'nt worry too much - as Barty said they will just omit it from any settlement amount.

 

I gather that you have not included the s.69 interest though, is that right? If so then you'd be better of making an amendment on an N244.

 

Firstly, do another spreadsheet using the link LL has given you. Get rid of the OD interest completely and add 8% s.69 interest to each charge. You will then have your new total claim value.

 

You'll then need to amend your claim using the form N244 - http://www.hmcourts-service.gov.uk/c.../n244_0400.pdf. Here's a guide to filling it in - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html (halfway down the first post). Change the wording of the example to suit - I.e. -

(that....) allows an amendment to the above claim in respect of the claim value

....rather than claim particulars.

 

This will cost you a non-refundable fee of £35 and you should submit it at the same time as your AQ.

 

What POC did you use? Have Lloyds defended on the basis that your claim is "too vague"? If so you may as well amend your POC at the same time, replacing your original POC with our N1 one's.

 

Any questions just shout.

[db002]

...

[db002]

thanks for the info guys, I was awaiting email notification on responses land now look a little too late to submit the n224 today as a good 10 miles through town. Due you know if Bromley court allows email or faxed submissions? if not, will monday be too late? in regards to POC, not sure what this is. if this is the template letter, i used one from the BBC site originally.

 

thanks doug

[db002]

...forgot to mention...

their defence seems standard.

 

it runs through the "commercial arrangement", maintainin account in credit, breach of contract, advanced warnings, fair cahrges, language used, etc.

 

I have re-sceduled my monday to drive to court and make ammendments using n224...

[BARTY]

thanks for the info guys, I was awaiting email notification on responses land now look a little too late to submit the n224 today as a good 10 miles through town. Due you know if Bromley court allows email or faxed submissions? if not, will monday be too late? in regards to POC, not sure what this is. if this is the template letter, i used one from the BBC site originally.

 

thanks doug

 

POC is Particulars of Claim, what you wrote on your Claim form.

Barty:)

[db002]

The claimant has held a current account (account , sort code ) with the defendant, conducted on their Standard terms and conditions since 1999. The defendant from 05/02/01 to present day has applied charges to the claimant account, totalling not more than £3472.76. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The Defendants charges are also contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e)) The claimant has asked the bank to refund their charges or offer proof that they are true pre-estimate. The bank has declined to do so. The claimant claims no more than £3472.76 being the sum unlawfully debited.

[db002]

should i adjust this POC to the latest on the site?

[GaryH]

No need - if the bank haven't defended on the grounds that the POC are insufficiant then its fine. Just use the application to add the 8% interest. I don't think the court will accept it by fax or e-mail unfortunately, no. Mondays fine.

[livelylad]

Thanks Gary.

[db002]

i am all set to go to the court, and running late, so I hope you dont mind me askinig a couple of things I could find in the FAQ's:

 

Do I include an adjusted N1 form with the new amount with the N244 as Gary's FAQ on ammending the POC?

 

If so, do I include the £120 court fee in the total claim on the N1 POC, the N1 "Amount Claimed", the N244 Part A/C. and on the schedule sheet?

 

I think thats it for now, thanks again for all your help....

[bankbasher999]

8-) RE Lloyds Bank.

I recently wrote 2 standard letters giving them 14 days and then a further seven to respond. Got a letter saying that the charges were not default charges, and that they were for dealing with a request to go over and agreed limit, complete nonsense. Have launched proceedings in the county court at a cost of £120. Do the really charge £1516 for that? I will keep you all posted, but it seems that they would rather go to court than pay up, so be it, lets dance is all I can say!!!!

[GaryH]

Bankbasher - can you start your own thread please, as this is someone elses. Thanks.

 

i am all set to go to the court, and running late, so I hope you dont mind me askinig a couple of things I could find in the FAQ's:

 

Do I include an adjusted N1 form with the new amount with the N244 as Gary's FAQ on ammending the POC?

Yes

If so, do I include the £120 court fee in the total claim on the N1 POC, the N1 "Amount Claimed", the N244 Part A/C. and on the schedule sheet?

The fee's should not be included in the total value of the claim, except where it is specifically asked for, such as in the box at the bottom right hand corner of the N1

I think thats it for now, thanks again for all your help....

 

Ok?

[db002]

cheers Gary, just missed your advise. have submitted with the 120 incuded in the claim, although I have specified what i've done in the n244. do you think this will cause a problem?

 

cheers, d

[GaryH]

No I don't think so - nothing to panic about.

[db002]

thanks all, just received an order from the court providing permission granted to ammend.

 

Problem today is the bank seem to have stopped my account, has anyone got any idea what is in store here?

 

I have a good deal of equity in my house and am thinking shall i get some out ready to pay lloyds off on a credit card and o/d. The review for the O/D wasn't due to July, so was expecting to pay off prior to this. any thoughts would be greatly appreciated here.

 

In regards to the court action, has anyone any advise on what will happen next?