Cupcake Vs Lloyds

[Swampy59]

Hi All

 

I am putting this info up for the missus as she does not spend much time on the computer. I have been posting on the HSBC forum for my own account and am about to get £2200 off them .

 

The story with Lloyds so far is : Preliminary letter sent 8th March - no reply - sending the Letter Before Action today. The total amount we are going for is £2873 (without interest).

 

Wish us luck!

[livelylad]

Best of luck.

[Swampy59]

Hi Lively Lad

 

Just had a reply from Lloyds telling us that they have only charged the account agreed sums for requested services and not "default fees" as the contract was not broken. Therefore they cannot refund any monies.

Is this a standard letter? Should we proceed with the court claim?

 

Cheers

 

Swampy

[BARTY]

Hi

Make sure you have given them 14 days then start the Court action. It is a standard letter.

Good luck, let us know how you get on.

Barty:)

[Swampy59]

Hi All

 

Back again. Been a while but we had a slight cashflow problem and were unable to pay the £120 court fee until recently. The situation is now as follows : We filed on 18/05/07 which gave us till 6/6/07 for the bank to respond. They did not respond and we filed for judgement. They put in a defence on 7/6/07 and our request for judgement was rejected. We have recieved a letter from the court saying that a defence has been entered and we can go no further on MCOL. After looking around the site, we now have to send the court bundle with all our relevant info and correspondence to the court, SC&M and keep a copy for ourselves. In light of recent happenings we would appreciate any advice that may help us to win our case in court.

TIA

 

Swampy and the missus

[nicolefrenzy]

you dont need your bundle until you have a court date, dont waste time printing just yet you may well have a settlement before you even get near a court date

[Swampy59]

Hi Again

Been putting together the spreadsheet to send off to the Banks Solicitors (finally had a letter from them). We have followed the advice online for MCOL and I am putting the covering letter together with the schedule. My question is, the reference in the letter for overdraft interest. Does it apply for this claim? Any advice would be nice!

Cheers

[broke dave]

Overdraft interest is difficult to work out as it only applies to that part of the interest which has been applied after the charges were put on (even difficult to explain!!) Most people leave this out. I f you are doing the same just delete that bit out of the letter.

[Swampy59]

Hi Broke Dave

I am finding it very confusing at the moment. On my missus statements from Lloyds there are specific charges called "Overdraft Interest" which we have included in the total charges in our schedule. So is this the overdraft interest referred to in the letter or not?

[nicsussex]

The O/D interest on your statements refers to the amount of interest payable on the O/D amount. Only the proportion of the amount that is directly attrbutable to the penalty charges is reclaimable. This is often quite complex to calculate and probably is not worth including in your claim. It sounds that you have included it however - so can you confirm what sums in your claim are for penalty charges and what are those for O/D interest?

[Swampy59]

Nicsussex

No we can't confirm. It seems I may have misunderstood what to include in the schedule. Will this mean that the claim may be thrown out or do we go ahead and just let the O/D interest go when challenged?

This is getting messy and it appears I have not done my homework very well.

Cheers in advance