Flashbumper v Lloyds

[muggins73]

I agree with nicsussex, as the choice is always yours.

 

However, they have responded to your request already and in reality they are not about to change their minds, so if I was you i'd go on and send the LBA, simply acknowledging their response to your prelim but once again giving them the opportunity to pay up before court proceedings.

 

This is, however, my opinion. If you decide to wait until hell freezes over, then no matter. No problem in airing on the side of caution:)

[curlychic]

The choice is yours, but i recieved my 'NO' letter within the timeframe and sent LBA the next day.

The way i see it is they have responded saying 'No' therefore, why wait the timeframe out ?????

It may only be a day or so, but all these days add up and letts face it......they like to keep us waiting and drag things out.

[aqua2]

Hiya Flash,

 

You gave them 14 days to reply, they said no, they've replied, you said you would give them another 14 days..

 

Go ahead, send in your LBA giving them their final 14 days.

 

Job done.

[curlychic]

Hear, hear......lol

[Flashbumper]

Hello all.

 

Sent my LBA on the 28th in the end & am still awaiting reply.

 

I have a question though......

 

Since sending my original break down of charges my partner as been charged 3 times (I do not like this bank!), how do I incorporate these charges to this claim?

 

Thanks

 

FlashBumper

[nicsussex]

You can include any charges that are incurred up until you issue your court claim.

[curlychic]

Not a problem....you can amend your claim adding any further charges up until a court claim is made

At which point it will cost you £35.00 to amend your claim !!

[curlychic]

You can include any charges that are incurred up until you issue your court claim.

 

 

'SNAP'

[Flashbumper]

Thank you both, reliable as ever!!

 

So when I make my claim & re-send the overview of charges I will add these in.

 

Will be in touch.

 

FB!

[Flashbumper]

Hi all.

 

So the time has come to take my claim to court... Lloyds have not responded to the LBA at all.

 

I think I have my head around what I need to do, I have added Interest to my schedules of charges, checked out the court fees & have printed my claim form. I am going to take the form to the court in person on Tuesday.

 

Just wanted to check a couple of things though.....

 

Do I need to send anything to Lloyds?

 

Do I just wait to be contacted by either the courts or Lloyds?

 

As always your advice is greatly appreciated.

 

Thanks

 

Flashbumper.

[Michael Browne]

Do I need to send anything to Lloyds? No the court will serve your claim on Lloyds

 

Do I just wait to be contacted by either the courts or Lloyds? yes the court will inform you of Lloyds response

 

Don't forget 3 copies each of N1 + schedule

[Flashbumper]

Hi again! I have been checking my claim letter & am a little unsure RE the below section... underneath the total, do I need to delete the paragraph as ive already included the interest above?

 

Charges £xxx.xx

Overdraft Interest £xxx.xx

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

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

Regards

 

Flash Bumper

[nicsussex]

Why are you including O/D interest? Your post #19 says you were not.

[Flashbumper]

Well spotted.....

 

I actually havnt included this in my letter, I just copied & pasted this from the drafts.

 

All I have included is...

-------------------------------

Charges £xxx.xx

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

Court Fee £xx.xx

 

TOTAL £ xx.xx

---------------------------------

 

Now I need to know what to include in the following paragraph?

 

Can you help?

 

Thanks alot.

 

FB

[nicsussex]

If it is the figures that you are after here then it is exactly as its says - the amount of your claim multiplied by 0.00022 - this will give you the daily rate of interest for your claim

[Pondfish]

Hi Flashbumper,

Thanks for your PM! And thanks for the congratulations. It was quite a claim, and winning that money back is a great feeling! You will find out how good shortly!

Hadn't seen your thread until now, but i see you have played everything by the book so far, and have had some good help along the way.

Love to help if i can, so i'll subscribe and keep an eye on your progress if you want, although i'm no expert! I have got a bit of experience now though, so i might be able to help.

The best advice i can give you is to ask as many times as it takes until you fully understand what you need to do, and why you need to do it. In the unlikely event you do see a court room, you will need to present your case, and if you have not understood the process this will become a difficult task.

With regard to the POC details, it is important that you get this right. Lloyds or indeed the courts could pick your claim apart if this is not done correctly. I suggest you post the POC details up before filling in the form. Someone can then check you have everything you need.

The daily rate is calculated on the schedule of charges spreadsheet. Did you use the one in the template section?

If not, then you can calculate it as Nicsussex posted (x0.00022).

This is the interest that will accumulate on your claim from the date the claim is served. When lloyds finally settle this will be added to the interest you claimed when you filed your claim.

Hope this helps! and a belated welcome to CAG!

Pondy

[Flashbumper]

Thanks Pondy.

 

It always feels good knowing that so many people that have seen their claims through to the end are having an input in mine.

 

Am going to re-type that section (as have already printed the form once) & post it for everyones input.

 

Thanks for replying.

 

FlashBumper

[Flashbumper]

Right.........

 

Have re-typed the section, as below, can someone confirm I have done it right? Doing the calculation I ended up with 0.18634, was I right to round down to £0.18p?

 

---------------------------------------------

Charges £847.00

Interest under s.69 County Courts Act 1984 £90.43

Court Fee £80.00

 

TOTAL £1017.43

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.18 per day or at such rate and for such periods as the court deems just.

------------------------------------------------

 

I have a few more questions... (being at this stage is making me nervous to the point I really want to get it right)

 

1)My total claim is 937.43 so I put my court fee as £80, but I notice the court fee is included in the claim which brings my total to £1017.43, so will I need to pay the increased fee of £120 & make my claim £1057.43?

 

2)My partner (who has the account) also has a loan with Lloyds, what are the chances they could ask for full repayment?

 

3)I had opted to take the claim to court by hand, is this the best option or should I do it on line, what are the pro's & cons?

 

Flash (shaky) Bumper

[Michael Browne]

1. Court fees are assessed on charges + interest so £80 is right.

2. Loan is covered by separate agreement and won't be affected by a claim on your bank a/c assuming you're not in arreears.

3. N1 at your local court is far preferable

[curlychic]

Looks like you have things under control

Good luck and keep us all posted.

Dont forget to PM a mod with your claim number and details when you have it, then it can be added to the litigation section.

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/88776-we-need-your-litigation.html

 

XxXxX

[nicsussex]

Doing the calculation I ended up with 0.18634, was I right to round down to £0.18p?

 

 

Well its only 1p a day but I would have rounded it up - apart from that all seems fine

[Flashbumper]

Not sure who is still around but Im back on the case with the charges. Have been asleep for a few months & if im honest the news of someone failing with their claim really put me off. Though, more charges have come & I am more determined then ever. The claim is now ready to go to court.

 

Flashbumper

[Flashbumper]

Have just read a thread that suggests that claims are currently suspended, is this the case? Can anyone advise me?

[nicsussex]

Have a look here - might give you a few pointers

 

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

[Flashbumper]

Hi all. I have been out of the picture with bank charge reclaim for a wile now... I am struggling to find a definative answer to whether I can start to claim again. What is the current situation? Really could do with some advice to get back on track if possible??