Pugh Vs Lloyds

[bcbarton113]

Hi CAG this is my first posting on here upuntil now i have been using the moneysavigexpert site which i cannot knock as up to now i have no faults with, sent off my two letters to lloyds requesting that my charges be refunded and had a reply from the second stating that they are sorry that i have a cause to make a complaint and that they would look into this matter, though it could take 4-6 weeks for a reply. In the forum on moneysavingepert i was advised to continue with my claim and sent off my LBA with no response i then logged into MCOL on the 4/4/07 and started proceedings against lloyds. The POC i attached were

 

 

 

The Claimant has an account ******** with

the Defendant

1. Between 01/07/2002 and 19/02/2007 the

Defendant debited numerous charges from the

Claimant?s account.

2. The charges are an unfair penalty under

the Unfair Terms in Consumer Contracts

Regulations 1999, because they are a

disproportionately high sum in compensation

compared to the cost of the purported

breach.

3. Under the law of penalties, the charges

are an unlawful ?extravagant? penalty.

4. Under the County Courts Act, the

claimant is entitled to interest of 8% per

annum from the date they were deprived of

the money. This totals £454.14, accruing at

the daily rate of 0.021% until judgment or

payment.

5. The Claimant asks the court to enter

judgment in their favour for £2237 plus

interest, totaling £2691.14.

 

 

My Start date for the claim is for the 5/4/07 and i believe i need to give lloyds 14 to respond.

So this is where im at, thought i would give CAG community an insight as to where i am in my claim although moneysavingexpert has been great upto yet i do think that CAG is more educational to the whole process so i think i'll be using CAG from now on.

 

 

P.S

Does my claim look ok as i have not added a schedual to MCOL Though my bank did recieve these particullars in my first letter to them, coinsidentally i sent all my letters by recorded delivery and checked to see if they had been recieved

 

 

Thank you.

[GuidoT]

MSE site is fine initially, but once your claim gets going this site is better.

 

Bit late but the daily rate in point 4 should be the monetary sum and not the % rate, but it will not amount to much money anyways.

 

As you filed using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir

 

(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 faithfully

 

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

 

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

[bcbarton113]

Thank you GUIDOT i'll do that right away also the 14 days waiting for lloyds to file a defence does it include weekends and bank holidays your responce is appreciated

 

cheers

[GuidoT]

14 calender days.

 

After 14 days from date of service, they will issue an acknowledgement of service and then 28 days after date of service they are required to issue their defence. They normally file a defence at the last minute.

[bcbarton113]

Thanks Guidot

 

Recieved a letter from lloyds today when i returned home,it read.

 

 

Thanks for getting in touch blah blah!

like any buiseness blah blah!

i do hope you can see we make our charging system as fair as possible !

i hope this letter fully answers the points you raised with us

if we cannot come to an agreement, i will provide you with details of the Financial ombudsman service.

If i have not heard from you by 22/05/07 i will close my file,though of course i will reopen it should you come back at any point in the future.

 

Yours sincerely

Patricia Oehme

 

 

:rolleyes: Now What:rolleyes:

(ignore this letter as they will here from the court in the meantime)

[nicsussex]

(ignore this letter as they will here from the court in the meantime

 

You've got it

[bcbarton113]

Thanks Nicsusex

 

I Hope So

[bcbarton113]

Hi there CAG

Just checked on the progress of my MCOL and lloyds have acknowledged my claim and i now have to wait 28 days from the date i served my claim against them to my calculations this takes us up to the 8th of may do i have to do anything or just wait until that date.

 

is this where i need to fill in an allocations questionaire if so is there a link to give me an idea of what to include?

[BARTY]

Hi

You should receive a copy of their defence when it is entered, and then you may get an AQ to fill. Lately some of the Courts have stopped sending out these, so you may or may not get one. If you do these links should help:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

Good luck, let us know how you get on.

Barty:)

[bcbarton113]

Thank You

[bcbarton113]

Hi there

An update on my mcol after my claim being acknowleged during the first 14 days then 21 days into the 28 Lloyds have filed a defence.

I havent sent in any documents to lloyds solicitors should i have done so by now? or do i wait until i get notification through the post?

Plus when my claim was acknowledged i recieved a letter within 2-3 days notifying me but it has been almost a week now since Lloyds filed a defence and i haven't recieved anything through the post, how long should i wait before calling the court?

[BARTY]

Hi

Maybe give them a couple more days then ring the Court, they are probably innundated at the moment with these bank charge claims.

Barty:)

[bcbarton113]

we're back on

northhampton court have just sent me a notice of transfer of proceedings, stating that.

a deffence to this claim has been filed

the claim has been transferred covering the area where i the claimant lives. Please read the accompanying documents carefully (and crossed out) and note that the allocation questionaire should be returned to the dudley crown court.

 

The deffence reads basically that when i took out the account i aggreed o the charges which i am claiming for and i get many free services from the bank ie. cheques, bank statements, direct debit, debit cards and atm facilities and there are normally no charges for these services

There is no breach of contract; the charge cannot therefore be a penalty, consiquently there is no requirment that the charge be a pre estimate of the banks loss

The customer is given advanced warning of charges being impossed,customers are warned by letter

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

 

So now as i have no allocations questionaire to complete what do i do. Do i wait to hear from my local court or contact them.

[curlychic]

Dont panic...have a read here

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html

 

XxXxX

[bcbarton113]

Its been almost a month now since i was notified that my claim had been transferred to dudley county court and i haven't heard anything since how long does it take before the court get intouch to give me a date of hearing

[curlychic]

I know some people have had to wait quite a while, maybe your court is snowed under.

Why not give them a ring in the morning.

XxXxX

[bcbarton113]

Hi everyone

good news i think.

Recieved a letter today when i got home from [problem] stating that they have recieved a copy of the proceedings that i have issued against thier client from northhampton county court.basically reading that my claim for repayment of these fee's is misconcieved(2nd page into a 3 page letter).

at this point i wasn't to hopefull thinking that i was going to have to take my claim all the way to my local county court. Then when i got to the third page it read that without prejudice to the position set out above that lloyds are willing to pay me the £2911.14 in total (full amount of my claim) so long as i am a good lad in the future with my banking and to call my local branch to arrange a meeting to discuss a review of my account which may be benificial to me. all i need to do is ring the billericay branch manager to accept, and sign and date [problem]'s letter and return it within 14 days the money will then be credited into my account.

 

any suggestions!

[BARTY]

Congratulations!! :D

There is a letter in the link below to send to the Solicitors rejecting their conditions if you need it:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/48032-jakena-barclays-4.html?highlight=acceptance#post718754

 

Barty:)

[bcbarton113]

Do you think i ought to reject as this is the full amount i was claiming from them.

[BARTY]

Hi

It's up to you, if you're OK with the conditions then don't send it. Plenty of people have rejected the conditions and had no problems.

Barty:)

[bcbarton113]

the letter which you gave a link to was for a barclays customer have people with a lloyds account have the same response from the same letter

[BARTY]

Yes:)

[bcbarton113]

I have accepted the offer to settle my claim out if court for the full amount which i was claiming but i do need to find a template letter to notify the court that lloyds have paid up and i no longer need to persue the case if anyone could provide a lik it would be appreciated

[nicsussex]

Congratulations - well done on your win

[bcbarton113]

Thank you

I did take all of the toll out of setting up a court bundle