Suz vs LlyodsTSB HELP!!!!

[Suzy75]

:o Hi there, i have just been reading through some of the cases to do with llyods and to be honest am really worried now.... I have received the 'Notice of transfer of Proceedings' today(5/4/07) which i think is the 9point defence letter described in some of these forums? They initially put in an acknowledgement to my claim which gave them until 15th April. Sorry i'm just so confused and concerned about possibly having to go to court!!! I have not received an 'Allocation Questionare' yet is that the next stage? Do Llyods really take cases all the way to court, i'm only claiming £1486 which i don't feel is an excessive amount? Any advice in plain and simple terms please, would be appreciated. Thankyou:confused:

[aqua2]

Hiya, dont be worried, but do be prepared, make sure you read the FAQ's and keep reading the threads.

 

Always work on the basis that you may have to go to court, although for £1.5K, it would likely be small claim, which is not big court in front of big judge, just a room, like a small office where your case is heard, by an independant judge.

 

Anyway, you have recieved notice of transfer, which usually means your claim is being dealt with at a different court to where you filed your claim.

 

Are you happy with the court it's been transferred to?

 

Have you also recieved a copy of the Lloyds defence?

[Suzy75]

Hi Just wanted to say thank you for replying Aqua 2 you feel that at least your being listened to. I know theres probably 100 odd people asking the same questions and i do my best to scan all through the forums to find the answers to my questions. Sometimes i've hit the jackpot and thought great someone in exactly the same position as me and then other times i just get lost on this site and can't find what i'm looking for!!!

But thankyou will keep scanning and follow advice on here.

[Rooster-UK]

Hi Suzy.

 

I have received the 'Notice of transfer of Proceedings' today

Did you put in your claim using MCOL (Moneyclaim on line)? If so, all the claims go to Northampton. From there they are transfered to your local courts.

 

Regards, Rooster.

[ukaviator]

Hi Suzy

 

The banks have'nt been to court yet on Bank charges alone. You must prepare for your day,but they normally do settle before the court date.

Your claim will cost them a lot more if they send a solicitor or barrister to the court.Hang in there, you have a lot of backup here.

 

Uk

[Suzy75]

Hi Just wanted to say thanks for my replys, keep getting lost round this site looking for information!!! So thanks. Llyods have sent there defence now with the allocation questionare part croosed out on front page, i read somewhere on the forum that this has been happening to others but can't find where now?? Not really sure what my next step should be? Do i sit back and wait to hear from my local court or should i be sending letters out??? There's so many cases and information i'm sorry but it just baffils me? And now i've read about the courts granting 'stays for a month' is that just to give the banks more time or what? Please any advice regarding my case would be of help. Thankyou

Suzy

Hi Suzy

 

The banks have'nt been to court yet on Bank charges alone. You must prepare for your day,but they normally do settle before the court date.

Your claim will cost them a lot more if they send a solicitor or barrister to the court.Hang in there, you have a lot of backup here.

 

Uk

[BARTY]

Hi Suzy

This does seem to be the latest thing, not having to send in an Allocation Questionnaire. It's just a matter of waiting now really until the Court gets back to you.

Good luck, let us know how you get on.

Barty:)

[Suzy75]

Hi Suzy

This does seem to be the latest thing, not having to send in an Allocation Questionnaire. It's just a matter of waiting now really until the Court gets back to you.

Good luck, let us know how you get on.

Barty:)

Hi been away so haven't been on here for a while, just wanted to update my thread and thank peeps for responses!!

Well not much further than before to be honest, i've heard nothing from the Courts or Llyods still at the stage of 'Transfer of Proceedings' after receiving Llyods defence and no 'Allocation Questionare request!!!

Just wanted to know should i now send the ''Draft of Direction to the court and a covering letter as per this site and per 'Bookworm' info on here???? Just want to get moving with this now fed up with Llyods playing for time!!! Another quick question aswell, Llyods put £750 into my account as a Gesture of Goodwill payment about a month ago, i sent the letter saying wasn't accepting as full payment but would as part. I haven't touched the money to date but can I or should i???? Thanks Suzy

[Suzy75]

Hi been away so haven't been on here for a while, just wanted to update my thread and thank peeps for responses!!

Well not much further than before to be honest, i've heard nothing from the Courts or Llyods still at the stage of 'Transfer of Proceedings' after receiving Llyods defence and no 'Allocation Questionare request!!!

Just wanted to know should i now send the ''Draft of Direction to the court and a covering letter as per this site and per 'Bookworm' info on here???? Just want to get moving with this now fed up with Llyods playing for time!!! Another quick question aswell, Llyods put £750 into my account as a Gesture of Goodwill payment about a month ago, i sent the letter saying wasn't accepting as full payment but would as part. I haven't touched the money to date but can I or should i???? Thanks Suzy

Hi it's me again just wanted to update my thread again with some news i've had today!!! Received a letter from my local county court this morning stating:-

The district Judge has considered the statements of case and allocation questionare filed and allocated the claim to the small claims track. The hearing will be on 20th June and should take no longer than 15mins. Well funny how i never actually received an Allocation Questionare??? Would Llyods have received one and not me??? Must admit i'm a bit worried now about getting my 'bundle' together and do you need to be ''law'' minded as to what to say on the hearing etc I know there is stacks of info on this site to do with bundles etc but if anyone has actually gone through court process already and can give me some advice i would appreciate it. Thanks:rolleyes:

[BARTY]

Hi

The latest thing is that Courts are not sending out the AQ, so it looks as though that is what has happened in your case, so I doubt LTSB would have got one either.

Can you post up the exact wording on your Court date letter please.

Barty:)

[aqua2]

Hiya Suzy,

 

This looks like it is actually good news.

 

The claim is in the small (informal) claims track and the judge has only allocated 15 mins, which means he is not expecting Lloyds to show up and for them to settle before this.

 

Did you use the simple Particulars of Claim, from this site?

 

What did the Lloyds defence say, did it mention the £750 already paid?

[Suzy75]

Hi

The latest thing is that Courts are not sending out the AQ, so it looks as though that is what has happened in your case, so I doubt LTSB would have got one either.

Can you post up the exact wording on your Court date letter please.

Barty:)

 

Hi Barty thanks for replying, this is what the letter said:-

District Judge Moon has considered the statements of case and allocation questionares filed and allocated the claim to the small claims track.

The hearing will take place at 10.00 on the 20th June at Plymouth County Court. The Law Courts, Armada Way and should take no longer than 15mins.

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

That was all it said, nothing requesting paperwork to be sent to them or Llyods solicitors.

What do i do now them? I have been looking on here but so many cases are different not sure if i need to be sending off paperwork or what to be honest???

Any further advice would really help.

Thanks again

Suz

[Suzy75]

Hiya Suzy,

 

This looks like it is actually good news.

 

The claim is in the small (informal) claims track and the judge has only allocated 15 mins, which means he is not expecting Lloyds to show up and for them to settle before this.

 

Did you use the simple Particulars of Claim, from this site?

 

What did the Lloyds defence say, did it mention the £750 already paid?

 

Thanks for that aqua2 it's put my mind at rest a little!! No i didn't use Particulars of Claim from this site, to be honest started my claim using the MoneySaving Expert site and then came across this one.What is that out of interest? Having had another quick read of their defence no they haven't mentioned the £750 gesture of goodwill!!! Just the usual-- point 5 was this...The customer is given advance warning of chrges being imposed; statements show the chrges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following months statement.Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

The charges are fair and reasonable, and it is denied that they are unlawful.

The customer is notified of the chrges in plain and intelligible language at the conclusion of the contract, and on each monthly statement. the chrges are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness. ETC ETC

Does this sound the same as others defences????

Thanks SUZ:-|

[nicsussex]

Perfectly standard service defence

[aqua2]

Suz,

 

Sorry to keep asking questions, but with the right info, we should get the right answers for you...

 

Thanks for that aqua2 it's put my mind at rest a little!! No i didn't use Particulars of Claim from this site, to be honest started my claim using the MoneySaving Expert site and then came across this one.What is that out of interest? (Sorry, what is what?)...

 

...the chrges are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness. (Ok, well part 6 does say that the unfairness rule does not apply to the price of a service or goods, but don't let that worry you, they are just trying to hide behind it.)

Does this sound the same as others defences????

Thanks SUZ:-|

 

So you now know, why they argue it is a fee for a service, to try and wriggle out of UTCC.

 

Ok, just had a look at the moneysaving expert website, was your particulars of claim about 5 lines long, just saying they are unfair under UTCC?

[Suzy75]

:o Sorry i was confused with what you meant by particulars of claim but understand now!! Yes i used the money saving expert site for my moneyclaim online claim. Does that make a difference???

[BARTY]

Hi Barty thanks for replying, this is what the letter said:-

District Judge Moon has considered the statements of case and allocation questionares filed and allocated the claim to the small claims track.

The hearing will take place at 10.00 on the 20th June at Plymouth County Court. The Law Courts, Armada Way and should take no longer than 15mins.

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

That was all it said, nothing requesting paperwork to be sent to them or Llyods solicitors.

What do i do now them? I have been looking on here but so many cases are different not sure if i need to be sending off paperwork or what to be honest???

Any further advice would really help.

Thanks again

Suz

 

Hi

It doesn't say anything about submitting evidence does it? Any ideas anyone??

Barty:)

[aqua2]

:o Sorry i was confused with what you meant by particulars of claim but understand now!! Yes i used the money saving expert site for my moneyclaim online claim. Does that make a difference???

 

No, but it helps me understand why the judge thinks 15 mins, the claim is really simple, correct me if I am wrong...

 

You have simply requested your money back, with 8% statutory interest.

 

To do this you have said the charges are unfair under the UTCC's.

 

They have argued, they are a fee for a service.

 

Judge has set a date for hearing.

 

Did he ask for documents to be served on the other parties 14 days in advance?

 

Barty beat me to it with that question...

[BARTY]

There is someone else with the same 15 minute Court hearing at the same Court the day before you:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/72152-housekeeper-ltsb.html

 

Barty:)

[Suzy75]

Thanks Barty will go and have a look at that now;)

[Suzy75]

No, but it helps me understand why the judge thinks 15 mins, the claim is really simple, correct me if I am wrong...

 

You have simply requested your money back, with 8% statutory interest.

 

To do this you have said the charges are unfair under the UTCC's.

 

They have argued, they are a fee for a service.

 

Judge has set a date for hearing.

 

Did he ask for documents to be served on the other parties 14 days in advance?

 

Barty beat me to it with that question...

 

Yes thats right aqua2 i simply sent a letter requesting they repay all the default charges that were applied to my account (6yr period) sent a Schedule of charges with this initial request, didn't ask for interest on top. Got two letters back first was that they didn't do anything wrong blah blah not getting your money.... And the second was still not admitting to anything but offering a gesture of goodwill payment of £750, this was after i had put my claim in online. Then they acknowledged claim and then put in their defence and now i have a court date for small claims track.

No request for any kind of documentation or paperwork which is what has confused me?? Any clues to why??? Thanks for your help with this:)

[Suzy75]

Hi again Barty thanks again for your responses to date, had a look at that thread you mentioned only difference is that lady had an allocation questionare which it seems she sent off to court and to Llyods solicitors? In my case i have sent no formal documention off to courts, it was a simple MCOL case and has gone on from there but had no real response from court only info about defence from llyods and then hearing date??? Do i need to prepare a 'Bundle' should i be sending off this 'Draft of directions thing' sorry if i sound a bit thicky but i just don't know what i should be doing now??? Please Help i want to be prepared for what comes next. Thanks suzy

[aqua2]

Yep, first of all your claim is really simple, you have said that the term allowing them to take your money is unfair under UTCC.

 

They have said that as it is a fee for a service, it is not covered by the UTCC.

 

The court know the banks dont want to show up, so whats the point in wasting time and energy sending paperwork backward and forward, that they have probably already seen hundreds of times before anyway.

 

In your case, all the judge has to decide is whether the amounts taken were a fee for a service, or a penalty imposed because you broke the agreement. i.e didnt retain sufficient funds in your account to meet payments requested from it.

 

So here is how it pans out.. (assuming they bother turning up, which they haven't yet and in your case, it will cost them more to send a solicitor than it will to pay you.)

 

 

You go into room like an office, there is a desk, which you and bank man (person) sit opposite each other, judge sits at top of table, you tell him your case, they tell him theirs, he decides.

 

Simple as that and he's only got 15 mins.

 

Now, you've got plenty of time to prepare and I dont think you need the full court bundle, you just need the essence of it.

 

As others have similar cases, we probably need a cut down version for these now.

 

The bank have paid you £750, and you have accepted a part payment, so you might as well go ahead and enjoy it.

 

Have the court been notified of a part payment?

[Suzy75]

THANK YOU Aqua thats been a really big help for me i appreciate your time and effort in replying to my thread, i must admit i am hoping that nearer the court hearing they will just decide to pay up. I have all my correspondance to date in a folder and i informed the money claim on line people of the £750 but not my local county court, i think i will give them a ring tomorrow. So just to be a further pain...... U don't think i need to send a draft of direction or anything like that in now, just sit tight and wait??? Suz

[aqua2]

For now, sit tight...

 

As you've gathered, this 15 minute hearing and no directions to forward documents is a fairly new practice, so we need some time to be sure of what is happening.

 

(That's not a bad thing, new events pop up all over, it just takes a little time to establish the best way forward)

 

Because I'm not 100% certain in this new scenario, i'm expecting one of the more experienced members to join in and point you further forward in respect of the draft order for directions.

 

Good luck, i'll keep watching..