becki vs lloydstsb

[beckiboo97]

ok so I've sent off my SAR and they've sent back a list of statements as such with a whole load of time missing march 03 to some time the next year, luckily enough i have internet banking so I could look this up

I then sent them I have worked out you have charged me £720 (including interest) in fees can I have it back please. Got the sorry you're not happy we'll look into it letter back, I then sent them a letter saying give me my money back or i'm sending you to court to which they replied,

Thankyou for getting in touch with us. I am sorry you are unhappy about your account charges.

Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work- and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or telling customers we can't agree it. We feel it's fair to charge for this service.

Of course it's only fair too, that we're completely open about any chagred-for service before you might need them. Taht's why we take care to give every new customer the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, through our helpline and on our website.

Just as importantly, we do everything we can to help our customers avoid these charges. You can get an up-to-date balance at any of our cash machines, over the phone, online and by weekly text to your mobile.

If you know a payment is going to take you over your agreed limit, you're welcome to see if there's anything we can do.

The office of fair trading has published new guidelines on credit card defaultcharges. We're still talking it through with them, but the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. This does not apply to your charges as these were for dealing with your request to go over your agreed overdraft limit. They are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations.

I do hope you can see that we make our charging system as fair as possible - and why we can't agree to cancel your cahrages.

I hope this fully answers the points you raised with us. Plese let me know if there is anything else I can do to help. If we cannot come to an agreement, I will provide you with details of the Financial Ombudsman Service so they can consider your complaint independently.

If you are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by 23 May 2007 I will close my file, though of course I will re-open it should you come back at any point afterwards.

help what do i do now?

[beckiboo97]

Well I have now filed my claim with money claim online and i'm feeling a bit nervous because we could end up in court I know that was what it was all about when we first started but this just makes things real, anyhow have managed to fill out the forms on mcol and with the help of the guys on here it was relatively simple, to anyone who is dithering over this just go for it . I will keep you all informed of what happens next

[nicsussex]

Sounds like you are doing ok - did your use the templates for both letters from here?

[beckiboo97]

i followed the steps on Money saving expert and went between the two sites

[Michael Browne]

After You Have Issued Your Claim

Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely,

[beckiboo97]

so the latest is lloyds have filed defence which is what i was expecting but still i'm a bit worried about it all dont know whats gonna happen now:confused:

[nicsussex]

Is it the standard 9 point defence?

[beckiboo97]

oh no sorry I have been sent an acknowledgment of service which has the little I intend to defend all of this claim box ticked

[Brasic]

Seems about right. You should get a copy of the defence soonish. It probably will be a standard 9 point defence. I had mine last week. From readiing other peoples threads it's pretty common.

 

Hang in there:)

 

Brasic

[beckiboo97]

Lastest letter from the courts

A defence to this claim has been filed.

The claim has been transfered to the court covering the area where the defendant lives or carries on business.

Please read the accompanying documents carefully

then this next bit has been crossed out

and note that the allocation questionnaire should be returned to ***** crown court.

All further communication should be addressed to

 

I've been looking through these threads about what to do now, it seems I should be preparing a court bundle, only I dont know which one or why the bit was crossed out please help:???:

[Michael Browne]

then this next bit has been crossed out

and note that the allocation questionnaire should be returned to ***** crown court.

 

Mcol are dispensing with the AQ, so you should hear from your local court ( but not for 2-3 weeks) re allocation and a hearing date.

 

Allocation Questionnaire - Dispensing With the AQ

Is your court dispensing with the Allocation Questionnaire?

 

Once you have a hearing date, you can assemble the court bundle:

Court Bundle

Basic Court Bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

[beckiboo97]

ok thanks for that, it seems I was jumping the gun a little then

[beckiboo97]

Today I got bored of waiting (and a little confused of everything) and phoned my local court to see if there was anything I needed to be doing now, they told me that there is a letter on its way to me asking for basically everything I have already sent to MCOL I just want to ask if this is normal and if you think I will have to pay for my local court aswell?

[BARTY]

Hi

No you shouldn't have to pay anything else as your claim is under £1500.

Good luck, let us know how you get on.

Barty:)

[beckiboo97]

I got a letter today which reads

Before DISTRICT JUDGE SMITH sitting at (court name and address)

Upon reading the documents filed

IT IS ORDERED THAT

The claiment is ordered to file and serve within 14 days of service of this order, full particulars in a schedule of the days and interest about which he complains.

The defendant do within 14 days thereafter file and serve a counter schedule setting out all facts and matters relied on in support of the intention that each item is not a penalty.

Because this order has been made by the court without considering representations from the parties, the parties have the right to have the order set aside, varied or stayed. A party wishing to take an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 7 days of the date of service of this order.

 

are they wanting me to send the bank charges and interest calculations sheet ? if so do i send them the one i have already sent lloyds from7 march or do i do another one from today? also is this a good sign or a bad sign?

[broke dave]

It looks to me as though the Judge just wants your schedule of charges. I would send the one you have already sent lloyds, but make a note that statutory interest is being claimed up to the date of judgement.

I would take this as a good sign as the Judge appears to be putting the ball firmly back into their court!

He is asking them to justify why they think that these penalties are in fact fees. They haven't been able to do this so far.

[beckiboo97]

Thanks for that but is there any chance someone could please draft me a letter on here for me to put with my schedule of charges, i really am no good at letter writing

[GuidoT]

That order is good. The schedule needs to tie up with the figures on your claim form.

 

'Further to District Judge Smith's order dated x May 2007 please find enclosed a schedule of charges and the related interest calculations.'

[broke dave]

Just something short like this:

 

Dear Sir

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours faithfully

 

You may also want to add that statutory interest of 8% has been added up until 7th March (but the Judge should see this.

[broke dave]

Beaten to it.

A mixture of the 2 should be good.

Good afternoon GuidoT. Can I go out now - its been a bit quiet in here and I felt guilty leaving people on their own

[beckiboo97]

wow thankyou all so very much