Reassurance needed.

[black77]

Hi,

 

This is my first post so be gentle with me. I have followed all the procedures step by step in my case against Lloyds TSB. It has now got to the point where I have started a court case against them. Today I have received a "notice of acknowledgment" stating that Lloyds TSB's solicitor will be defending the case. (Sechiari Clark and Mitchell). First I need reassurance that I have done the right thing and am not now throwing more money away. Secondly any information I might need in the near future and any information that I need to send to Lloyds solicitor and I might need if I get a court date. Thanks

[happyolddog]

Hi Black77.

 

Standard stuff that letter, If they do defend they will end up paying out anyway, as long as you have followed the correct procedure.I doubt that they will defend. I would start to get a court bundle ready but expect the full offer soon.

 

Good Luck.

Hod

[Patsfats]

Hi. Be sure to keep us posted as I have just begun the procedure and do not feel that it is going to be easy.

[black77]

Thanks Hod for your quick response, I am feel a whole lot better. Don't worry Patsfats I will repost with all developments.

 

Thanks

[black77]

I have just a N9B defence and counterclaim form from courts. What is my next course of action. I keep reading about an allocation questionaire sent by the courts or is it sent to the courts. All I have filled out so far is a N1 claim form.

[hagenuk]

Please do not start a new thread as it makes it harder to follow your progress. I will ask that this post be added to your existing thread and that his thread gets moved to the Lloyds forum.

 

Do you know why you have received a counterclaim? Do you owe Lloyds money and are there any payments overdue?

 

Look here for details on how to complete and N9B

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex303_0406.pdf

[black77]

Sorry hagenuk, this is only my second thread. I do not owe Lloyds TSB any money. Everything is up to date.

 

PS Could you send me details on how to post correctly.

 

Thanks

[hagenuk]

Hi

 

Clearly Lloyds believe that they have a claim, hence the reason for the N9B Defence and Counterclaim (specified amount) they have sent you - what does it say?

[black77]

Hi hagenuk,

 

It is attached to a "Notice of Transfer of Proceedings" from Northampton to my local court in Cambridge. Also on the attached it states" It is ordered that :-

1. The filling of an allocation questionnaire be dispensed with in this case unless District Judge at the court of transfer orders otherwise.

 

Underneath is a note

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

Then on the attached N9B form in the Defence box is the following

"1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Banks charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provide for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing; cheques, bank statments, the facility to make payments by direct debit and standing order, debit cards, ATM (cash machines).

3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made form the Banks own funds. If the Bank makes a payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that there are normally no charges for everyday banking at Lloyds TSB when your account is in credit. When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead.

4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Banks loss.

5. The customer is given advance warning of charges being imposed; statements show the charges, 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 overedrawn 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.

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

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statment. The charges 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.

8. In the premises:

8.1 the charges are for banking services, and are not damages nor a penalty;

8.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable;

8.3 it is denied that the charges are unlawful or contravene any statue or regulation.

9 The Claimants claim is denied in its entirety. It is further denied taht the Claimant is entitled to the sum claimed or to any sum from the Bank.

 

Is just Lloyds TSB solictors putting pressure on me, or have I got something to be worried about ? what is my next course of action, is it just to wait for the court date ?

 

Thanks

[nicsussex]

All seems perfectly standard - nothing to worry about

[hagenuk]

As above, this is a perfectly standard response from Lloyds, nothing at all to worry about. You will hear from the court with a date in due course.

 

There is no mention above of what they are counterclaiming from you, have they sent you anything else?

[black77]

No nothing this is the only item I have received from them. So the next step is the court date ? I have not filled in an allocation questionnaire, but I reading the front sheet of the paperwork I received it states that this is to be dispensed with. Is this strange ?

[nicsussex]

Loads of cases are still having the AQ disposed with - so again nothing to worry about

[black77]

Thanks everyone for your advise. I will keep you informed of developements.

[black77]

Today I received a "Notice of Pre Trial Review" to take place at Cambridge County Court on the 13th July. Do I have to send anything to the court beforehand? Do I need to take anything on the day? Is the unusual? Please put my mind at rest.

[BARTY]

Hi

Have a read of this:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Good luck, let us know how you get on.

Barty:)

[jaym1000]

Hi

 

Have you heard anymore about your case yet ?

 

We have a pre trial review on the 30th July at 2.00 PM in Cambridge.

 

I would be interested to hear how you get on and if they settle before court. Please keep me informed.

 

Jay

 

Teversham, Cambridge.

 

[black77]

Hi Jay.

 

Good news. Today Lloyds settled my claim in full, so no need to take the case to court.

[christinajanep]

congrats black77

[hagenuk]

Well done Black, congratulations!

[BARTY]

Congratulations!! :D

Barty:)

[nicsussex]

Excellent news - well done!

[jaym1000]

Fantastic news

 

We received a settlement offer letter today from SC&M.

 

We will do the necessary in replying and hopefully that's the end of it.

 

Good for you.

 

Jay.