Lloyds TSB requesting for claim to be struck out **WON**

[exoticplants]

Hello there.

My court case has been ongoing for around 3 months now. This is what has happened so far:

1: Initiated court claim through MCO

2: Waited 14 days for reply from Lloyds, though they then finally filed an acknowledgement of service and were given a further 14 days to file a defence.

As soon as the 14 days were up, I applied for judgement by default, though this was rejected by the court. I later discovered this was because Lloyds had transferred to my local court.

3: Lloyds lawyers requested statements within 7 working days. These were sent by recorded mail, though somewhere along the lines these got lost in the post. (so they say).

4. A letter from the court came through stating Lloyds have requested for my case to be struck out, because they had not received my statements.

5. We contacted the court stating the statements were posted, though got lost in the post. They simply then told us to resend them to Lloyds lawyers.

6. Court requested for us to send details of the claim, explaining why we thought the charges were unlawful.

 

The latest now is the court have given me another two weeks to explain why exactly Lloyds bank charges are unlawful. They stated failure to state why would result in the claim being struck out. The amount in question I am claiming is £1300.00.

 

So my question is, has this scenario happened to anyone else? And secondly what exactly can I state to the court, proving that the bank charges are unlawful?

 

Thank you very much for your advice in advanced.

 

David Hamer

[happyolddog]

Hi, David.

 

Welcome to the forum.

 

Please take time to read the faq's

Please find your banks forum and start a thread;

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=11

(your user name) V (banks name)

use the template letters.

 

LINKS....

FAQs....

Templates Library....

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

 

If my advice helps please tip the scales, left.

[PKea]

Hi

 

Canyou post your POC, so we can see waht you have put, and start to help you get sorted

[exoticplants]

Hello there and thanks for your message.

What exactly would you like me to show you?

 

Best wishes

 

David Hamer

[PKea]

Sorry

Can you post your Particualrs of CLaim 'POC'

You can log onto MCOL and open your claim and cut and paste it.

(obviously blank out personal details first)

There have been a few people who have not put enough info or the incorrect info in there POC.

Once we know what youve put, we can get it sorted for you and get you back on track

 

PAul

[exoticplants]

Hello there Paul.

I can send you the poc as the pdf, not sure how I can blank my details out though...

Best wishes

 

David Hamer

[GaryH]

6. Court requested for us to send details of the claim, explaining why we thought the charges were unlawful.

 

The latest now is the court have given me another two weeks to explain why exactly Lloyds bank charges are unlawful. They stated failure to state why would result in the claim being struck out. The amount in question I am claiming is £1300.00.

Hi David,

 

Can you post the wording of the order from the court please?

 

And also the letter which asked for the claim to be struck out.

 

I'll get this thread moved to LTSB for you.

[exoticplants]

Hello there Gary.

This is what the letter stated:

Upon reading the letter from the claimant dated 21 march 2007 which had attached to it a number of bank statements and upon the court noting that such a response totally fails to satisfy paragraph 1 of the order dated 9 march 2007.

IT IS ORDERED OF THE COURTS OWN MOTION THAT

 

1. The time for filing and service of a final particulars of claim be extended to 27 April 2007. In the event that the claimant fails to comply his action shall be struck out.

2. The claimant is recommended to tale legal advice if he does not understand the courts requirements.

 

The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

 

So, that is what it said...

 

Any advice would be appreciated.

 

Best wishes

 

David Hamer

[GaryH]

upon the court noting that such a response totally fails to satisfy paragraph 1 of the order dated 9 march 2007.

Ok, well I need to see that order then - we need to know what the court has asked for!

 

I'm assuming you've used inadequate POC's - PKea already asked what you used as your POC and you have not responded. Its not hard to remove the personal details, you just delete them.

 

Post up the wording of the order of 9th March as soon as you can - you need to act quickly as time is running out. I'll be back this afternoon or alternatively someone else might be able to help you sooner.

 

Which site have you been using up to now by the way, just out of interest?

[empowered]

Hello there Gary.

This is what the letter stated:

Upon reading the letter from the claimant dated 21 march 2007 1 of the order dated 9 march 2007.

IT IS ORDERED OF THE COURTS OWN MOTION THATwhich had attached to it a number of bank statements and upon the court noting that such a response totally fails to satisfy paragraph

 

David Hamer

 

 

I might be pointing out the obvious here, but did you send a full schedule of your charges or only attach your bank statements to your claim form? Apologies if I have misread this!

[exoticplants]

Hello there Gary.

This is the letter from the 9th of March.

 

Upon consideration of the court file and of the courts own motion

 

IT IS ORDERED THAT

 

1) Unless the claimant by 4pm on the 5th April 2007 files and serves a clearly set out particulars of claim which deals with the following:

 

a) The account number in question

b) How this claim was calculated

c) the basis upon which the claim is made

 

his action be struck out

 

2) In the event that the claimant complies with paragraph 1 above the defendant shall file and serve a defence within 28 days of service of the subsituted particulars of claim.

 

All we sent to the court and to Lloyds lawyers was our batch of statements, this is all that the FSB told us to send...

 

Best wishes

 

David Hamer

[monopoly23]

Have you been using MSE? Did you just attach your bank statements to your claim?

You need to check this link below and scroll down to the particulars of claim bit. If this isnt similar to what you submitted then this is what they are asking you for. Please read through the templates library so you know what to expect and check out the FAQ's.

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

[exoticplants]

Thank you so much, this would explain the letter from the court then I guess. All I stated in the claim form that Lloyds refused to refund default charges. So I therefore presume I'm going to have to change my claim to include the particulars as stated in the template library?

Thanks so much for your help, it is greatly appreciated.

 

Best wishes

 

David Hamer

[monopoly23]

I think this is what they're asking for. Im no expert but I also think that if you want to change the particulars of your claim it costs £35. Hopefully someone a bit more knowledgeable will come across this thread again soon and give you some more detailed advice.

I've only just sent off a SAR!! lol but it really helps to just keep reading as much as you can. Even stuff thats not relevant to you yet cos you'll probably need it at some point!

[exoticplants]

Hello there. From what I read online, an N1 form is required to redo the claim. Does this sound about right?

Best wishes

 

David

[Guest ChloeJane]

Yes!

 

Hi

 

You are missing the most important part of the process and that is explaining your claim to the bank and to the courts. That is what the particulars of claim are!

 

What is missing is your N1 form. Monopoly gave it in a previous link! but in case here it is again.

 

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

 

What you are missing is this bit!

 

 

The Pariticulars of claim are your statement to the court and the bank of what you are claiming for, how you are claiming it, why you are claiming it and under what parts of the law you seek to use to back up your claim. The statements are not enough - you have to particularise what is the issue!

 

Below is the particulars....make sure you sign it as you are swearing it is true! The link above takes you through step by step!

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

 

I believe that the contents of these particulars of claim are true

 

 

Signed: DON'T FORGET TO SIGN IT

Please look me up in the chat room if you are struggling!!!!!

[gizmo111]

Use the text of the N1 - you don't actually need to use a N1 - there should be no fee for this as the court has asked for the information.

Which site were you using previously?

[Guest ChloeJane]

Gizmo,

 

Just for my clarification and am sure this person will ask...if not filling out the N1, what format do you suggest to do this in?

 

As it must have the statement of truth at the bottom yes?

 

Just thought even for my reference as I thought they would file the N1 adding it, that would they then do it and have to sign a seperate statement of truth>?

 

Just know how pedantic the banks are!

 

so interested to know format - e.g just type out particular etc...is there a format?

 

Is the statement of truth necessary as a seperate form to ensure it is accepted.

 

Thanks! (From Miss Curious)

[GaryH]

Hello there Gary.

This is the letter from the 9th of March.

 

Upon consideration of the court file and of the courts own motion

 

IT IS ORDERED THAT

 

1) Unless the claimant by 4pm on the 5th April 2007 files and serves a clearly set out particulars of claim which deals with the following:

 

a) The account number in question

b) How this claim was calculated

c) the basis upon which the claim is made

 

his action be struck out

 

2) In the event that the claimant complies with paragraph 1 above the defendant shall file and serve a defence within 28 days of service of the subsituted particulars of claim.

 

All we sent to the court and to Lloyds lawyers was our batch of statements, this is all that the FSB told us to send...

 

Best wishes

 

David Hamer

Ok, you need to comply with this order ASAP. Your POC should be a concise statement of the facts of your claim which discloses its basis in law - as does the one linked above.

 

Is this claim for a business account? If so, you need to use the Particulars of claim from this thread - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html (just over halfway down the thread).

 

Set it out on a sheet of paper headed like this;

 

 

Claim Number:XXXXXXXX

In the XXXXXX County Court

 

Between:

 

[You]

 

 

 

and

 

 

 

Lloyds TSB Bank Plc

 

 

 

PARTICULARS OF CLAIM

 

 

 

 

 

 

Fill in the details, including your account number, and print off 3 copies. Then print off 3 copies of your schedule (or spreadsheet) if you have one. If not you need to list all the charges - the amount, date and reason for each. This is your schedule of charges.

 

 

Attach each schedule to each POC so you have 3 sets of each. Send one to the court ("file") with a copy of the above order and perhaps a short covering letter apologising for any inconveniance your misunderstanding may have caused.

 

 

Send another to Lloyds solicitors ("serve"), and keep the other copy for yourself.

 

 

Once you have served the claim you should send the Court a completed certificate of service, here

http://www.hmcourts-service.gov.uk/c.../n215_0106.pdf along with a copy of the POC so the court knows when the bank need to respond.

 

 

Bad start, but if you follow that to the letter your claim will be back on track.

 

 

 

 

[exoticplants]

Thanks for all your advice, it is finally all starting to all click now.

So I just need to therefore just forward the particulars of the claim as stated in the above post, editing it to suit my own case. I do hope I don't need to redo the claim with the N1 for though.

 

Thanks for all your advice, it is greatly appreciated!!

 

David Hamer

[GaryH]

I do hope I don't need to redo the claim with the N1 for though.

No, not necessary - just follow the steps in post #19 above and if you get stuck just shout.

 

Sorry, did you say which site have you been using?

[gizmo111]

Gizmo,

 

Just for my clarification and am sure this person will ask...if not filling out the N1, what format do you suggest to do this in?

 

As it must have the statement of truth at the bottom yes?

 

Just thought even for my reference as I thought they would file the N1 adding it, that would they then do it and have to sign a seperate statement of truth>?

 

Just know how pedantic the banks are!

 

so interested to know format - e.g just type out particular etc...is there a format?

 

Is the statement of truth necessary as a seperate form to ensure it is accepted.

 

Thanks! (From Miss Curious)

 

Hi Miss Curious

 

See Gary's post .

[exoticplants]

Ok, you need to comply with this order ASAP. Your POC should be a concise statement of the facts of your claim which discloses its basis in law - as does the one linked above.

 

Is this claim for a business account? If so, you need to use the Particulars of claim from this thread - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html (just over halfway down the thread).

 

Set it out on a sheet of paper headed like this;

 

 

 

 

 

Fill in the details, including your account number, and print off 3 copies. Then print off 3 copies of your schedule (or spreadsheet) if you have one. If not you need to list all the charges - the amount, date and reason for each. This is your schedule of charges.

 

 

Attach each schedule to each POC so you have 3 sets of each. Send one to the court ("file") with a copy of the above order and perhaps a short covering letter apologising for any inconveniance your misunderstanding may have caused.

 

 

Send another to Lloyds solicitors ("serve"), and keep the other copy for yourself.

 

 

Once you have served the claim you should send the Court a completed certificate of service, here

http://www.hmcourts-service.gov.uk/c.../n215_0106.pdf along with a copy of the POC so the court knows when the bank need to respond.

 

 

Bad start, but if you follow that to the letter your claim will be back on track.

 

 

 

 

 

Wow, Thank you so much Gary! So the 'schedule' I presume is the statements? Just want to make sure I undertsand completely!

But yes, this was for my business account, so I'll take a look at the link you mentioned.

 

Best wishes

 

David

[exoticplants]

No, not necessary - just follow the steps in post #19 above and if you get stuck just shout.

 

Sorry, did you say which site have you been using?

 

The website I posted to was this one, but I'm not sure if I was posting to the correct area.

 

Thanks

 

David Hamer

[GaryH]

No, a schedule is a list of all the charges with the amount, reason and date. You do not need to send your statements at this stage.