Toptotty vs Lloyds TSB

[toptotty]

New thread to document me claiming back my back charges.

[toptotty]

Having previously sent off my DPA request for charge details, I have recently received them and sent off my preliminary letter ( 29/03/06 ).

 

HOWEVER

 

I had used the template from MSE and had included the 8% interest, I understand im not entitled to it but I have now decided to follow the guides on this website.

 

Do I need to do anything different?

 

Thanks

[hagenuk]

Adjust the amount that you are claiming for when you send your LBA to remove the interest until you file at court.

[nicsussex]

Talk about creating a username that is going to get you noticed!

[toptotty]

Thankyou for the quick reply, Will do this when I send the LBA. on Thursday, 12 April 2007.

[toptotty]

LBA Sent Today, double checked all my figures again! and used the complex spreadsheet even though im not claiming interest it looked nicer now another 14 days

[katesage]

LBA Sent Today, double checked all my figures again! and used the complex spreadsheet even though im not claiming interest it looked nicer now another 14 days

 

Now thats a first! The complex spreadsheet 'looks nicer'! Well done you for working it out.

 

Good luck:)

[christinajanep]

good luck toptotty lets hope they dont drag there heels for u

[toptotty]

Time to make my court claim, no reply from lloyds for the LBA.

 

Is it best to use MCOL or use the printed form, what would people suggest?

[Michael Browne]

N1 for preference. See here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

[katesage]

Hi again Toptotty

 

I'd recommend using N1 hard copy to file your claim. You can download the form and see the guides on completion here

 

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

 

As you enjoyed the spreadsheets so much, this will be a doddle!

 

MCOL is OK for basic straightforward claims, but you have restricted space and it can feel a bit daunting for first timers. With N1, you can perfect the form then just send it to your local court....much more 'satisfying'

Remember to attach the spreadsheets.

[toptotty]

Great Response as usual just a few questions i dont want to get this wrong,

 

From the top downwards let me know if i've got any section wrong please:

 

in the "My county court" : Leicester County Court?

 

in the "Claimant section" Filll in my Name and address, or just name

 

In the "Defendant Section"

Lloyds TSB Plc

25 Gresham Street

London

EC2V 7HN

 

In the "brief details of claim" box:

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant.

 

In the "Value" box

 

Charges £xxxx.xx

Interest under s.69 County Courts Act 1984 £xxxx.xx

Court Fee £xxx.xx

 

TOTAL £ xxxx,xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £x.xx per day OR at such rate and for such periods as the court deems just.

 

Below that to the left, "Defendant name and address" my details again

 

Below to the right,

 

"Amount claimed" : is that the amount includng 8% s.69 act interest?

"Court fee" : relevant fee.

Solicitors costs L: nothing put in could i put for my time or is it not worth it?

"total amount" : total amount inc court fee and solicitors.

 

Human rights act : No

 

POC : pasted from here

 

Full name: me

name of claimants solicitor's firm: n/a

 

sign

[nicsussex]

Below that to the left, "Defendant name and address" my details again

 

No - you are the claimant - apart from that seems fine

[toptotty]

whoops looked at claimant and defendant so much i see claimant everywhere thanks for your help it is appreciated.

 

one quick query

 

 

"Amount claimed" : is that the amount includng 8% s.69 act interest?

"Court fee" : relevant fee.

Solicitors costs L: nothing put in could i put for my time or is it not worth it?

"total amount" : total amount inc court fee and solicitors.

[nicsussex]

whoops looked at claimant and defendant so much i see claimant everywhere thanks for your help it is appreciated.

 

one quick query

 

 

"Amount claimed" : is that the amount includng 8% s.69 act interest?

"Court fee" : relevant fee.

Solicitors costs L: nothing put in could i put for my time or is it not worth it?

"total amount" : total amount inc court fee and solicitors.

 

Yes that is fine - don't put in any claim for your time at this stage

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

[toptotty]

Just a quick update

 

Notice of claim received:

 

Issuesd 15th May

Sent by first class post on 17th May

Deemed served on 19th may

Lloyds has until 4th June to reply

 

Thats it for now, just wait for their next move

[toptotty]

Okay Lloyds have not replied to the Notice of issue, Do I wait longer or file for judgement.

 

They should have replied by the 4th.

 

Thanks

[hagenuk]

Read this for details of your options now.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[toptotty]

Thanks Ill try writing to them and giving 7 days.

[toptotty]

Lloyds finally defended today, looks like the 9 point defence which i guess is normal.

 

Included is the AQ and a date to return it to 2nd July.

[toptotty]

Also the AQ is N150, bit worrying

[toptotty]

Im going to try an fill out the PDF AQ tonight using the new strategy. Am I allowed to post parts to check I have filled it in correctly ?

[toptotty]

Small question

 

In Section D of N150

 

Amount of Claim

 

What amount of the claim is in dispute?

 

From The AQ Guide completion notes: Enter the total value of your claim in the space provided - This should include all interest but not costs.

 

I have read elsewhere on this forum that the amount of claim should not include interest.

 

I am not claiming CI just SI

 

Could anyone clear this up

 

thankyou

[toptotty]

Bump

[Michael Browne]

Include the SI interest