Big Bad Jonny v's Lloyds TSB HELP NEEDED

[Jonny-Veg]

Hi all,

 

got statements back and sent my prelim and lba off......had the usual sod off reply to prelim but nothing back from lba....even though it was addressed to the sender......anyway....

 

issued mcol and the expriy before I win by default is the 18th April....Lloyds have not acknol, filed defense or even contacted me....im just getting a bit worried that if i win by default what I should do next....i have read threads sayin either send lloyds a letter or issue a warrant.....and im really confused can anyone give me a little advise based on the following:

 

If I issue a warrant lloyds can apply for a stay (correct?)

 

If they do what do i do then and how do i get them to pay my charges back

 

Im sorry but im really really confused

 

Thnx JV

[hagenuk]

Take a look here for details that will help you to make an informed decision.

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[Jonny-Veg]

Thnx for that,

 

I have already read through that link and still dont really understand......

 

I i apply for the judgement and warrant......will lloyds almost certainly apply for a stay and if so do i have to do anything or is this just giving them more time?

 

Jv

[hagenuk]

That piece was written in order to give you the information you require so that you may make an informed choice regarding what to do in the event of you not receiving an acknowledgement of your claim or a defence to it.

 

You have two options - if you file for a Judgment in Default then there is a very good chance that your Judgment will be set aside, but this depends on a number of factors and cannot be predicted with any certainty.

 

My personal opinion is to go for option two, send the letter giving them warning of your intention to file for a Judgment in Default and seven days to send you a defence. If you do this, there is a much better chance that you will get paid sooner as it could be many months before you even get a set aside hearing.

[Jonny-Veg]

hi,

 

Lloyds finally acknowledged my claim which is a relief as i did not like the idea of a judgement by default. Now i just have to sit back and await their pittyfull denfence. I cant wait to see how they justify the charges.

 

JV

[curlychic]

Quite simple really ...... They won't !!

[Jonny-Veg]

yeah I know but i love to see them try....he he.....im so excited

 

JV

[Jonny-Veg]

Hi I have recently rec'd a 14 pooint defence from the court that Lloyds have release. I have been out of the country for a while and have just been reading some threads.

 

I have use the following particulars of claim and now dont think that it is correct.

 

1. The Claimant has an account ******

****** with the Defendant, opened March

2001 2. Since 24/04/2001 the Defendant

debited charges and interest in respect of

purported breaches of contract. 3.

Defendant is aware of all details as a list

of charges has already been supplied.

Another copy will be sent. 4. Claimant

contends: (a) The charges exceed the

Defendant's losses caused by the breaches;

(b) The Term permitting the Defendant to

levy such charges is unenforceable under

the Unfair Terms in Consumer Contracts

Regulations 1999, Unfair Contract Terms Act

1977 and at Common Law. 5. Claimant claims:

(a) return of the amounts debited of £***;

(b) Interest per S.69 County Courts Act

1984 of 8% - £*** continuing at 8% until

judgment or settlement at a daily rate of

£0.37; 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. 7. Costs

allowed by the Court.

 

Please could anyone tell me if this is the correct one and if not what do I have to do to amend?

 

A bit scared now with the recent developements with the Lloyds Win.

 

Thanks

 

JV

[Jonny-Veg]

Hi,

 

Could do with some advice on the above if anyone would be kind enough as im really starting to panic

 

Thnx

 

JV

[redeyedamo666]

Well if its not right then i'm screwed!!! Lloyds acknowledged my claim today and I used the exact same PoC. Hope i've used the right ones...

[nicsussex]

Well it is not the standard POC as recommended on here - can you let us know what the 14 point defence is?

[hagenuk]

The PoC you have detailed above are suitable. What was in your defence that has you concerned?

[Jonny-Veg]

Hi,

 

Sorry but was just reading some other threads and thought that I had cocked it up totally. Nothing particular had me concerned i guess i just got the jitters. Copy and pasted the PoC from here so i think and you say hagen it should be suitable.

 

One quick question if I may, when my allocation questionnaire arrives I have to send it back fully completed with all my court bundle. Do i have to send 3 copies of everything at this stage?

 

Your help is much appreciated guys and girls

 

JV

[hagenuk]

You do not send a court bundle with your AQ, but you may attach draft directions or a draft order if you wish. Look here for details.

 

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

[nicsussex]

It is slightly unusual for Lloyds to post a 14 point defence - can you list the points that they make

[Jonny-Veg]

yes i will do nic but it will be tomorrow