Re: Statements not in UK!

[mioliere]

Hi to all. I'm not sure if this is going to be a problem or not! I have commenced two MCOLs against LloydsTSB - one for a private account and one for a business account. The bank have filed an acknowledgement of service and their intention to defend in each case. As far as the private account is concerned, I was able to send copy statements with my very first letter. On the business account, I submitted copies of the relevant parts of my end of year accounts - as certified and signed off by my accountant - showing the charges made by the bank for each of the last six years. I am expecting to receive an AQ (the bank have to file their defence by 10.04.07) for which I believe I have to submit a bundle to the court and I would like to know whether or not I will have to submit the actual bank statements showing the relevant charges or if the accountant's paperwork will be enough. Obviously, the paperwork has been good enough for the Inland Revenue each year! I ask this question because all the statements for that particular account are in France where my OH and I have a holiday home which we intend to move into permanently at some time in the future. We inadvertantly took them over there on our last trip last year along with other bits and pieces we didn't think we would need to keep handy! Obviously, if I have to hand these into the court then I will have no choice but to fly out to France and retrieve them but I would prefer not to have to! I will be going out there for a couple of weeks at the end of May. If I do have to include them in a bundle for the court, how long will I be given once I receive the AQ and would I be able to put proceedings back until my return to the UK in June? I do hope someone is able to help, I'm sorry if this is a difficult question and sorry, also, for such a long post!

 

Yesterday, I received a letter from the solicitor acting for Lloyds TSB in this case. They ask for certain details which I am able to provide and also details of each and every charge saying 'unless we receive a breakdown from you, giving full account details and showing each charge, what it relates to and the date levied, within seven days of the date of this letter (27th March), we will make an application to strike out the claim'. I have applied for online banking with the bank but that will take a few days to be up and running. Once it is, I will be able to download the relevant statements - at least, as far back as 2002 - but, obviously, to do that and then go through them all, will take some time and certainly I won't be in a position to send all the information to the solicitor by next Tuesday 3rd April - the seventh day from the date on their letter. Questions: Are they able to make an application to strike out the claim? Are they able to insist on the information being sent to them within the seven days they stipulate? What should I write in my letter of reply? Obviously, I will have to respond to the letter. I have posted the first part of this post on another thread but have only had one reply which was very useful because the advice was that I could download statements online, but I would be obliged for any other advice. I feel that time is running out for me and I do not want the solicitor or the bank to decide on the time-scale when it is MY money I'm trying to get back!

[Butterflycollecter]

Firstly you could down load new statements from lloyds on line however they only go back until 2002 . Or you could go to your local branch and ask (!) for new statements over the counter.

 

The court bundle stipulates "statements" as evidence of the unlawful charges- i think to save re submitting or lloyds disputing charges you are better off giving what they have asked for . Some people have had claims returned for not putting their title on and for not stating that lloyds are a plc company - so it would appear that they are quite particular . I would stick to the directions on here as it may cost you time and effort if you don't . This is only my opinion and im pretty new to this however i have done loads or reading....

[mioliere]

Many thanks Butterflycollector - will first of all try and download statements online and let you know what happens when I receive the defence from LloydsTSB