Allocation Questionanaire???

[Scorpic]

I have just reseived a letter from the courts with Lloyds defence.The letter i reseived says read carefully and fill the allocation questionnaire but there is nothing for me to fill in. All i have is Lloyds defence and a booklet about mediation. Should i ring the courts and ask where the questionnaire is????????? Any help would be greatful Thanks

[Suzy75]

I have just reseived a letter from the courts with Lloyds defence.The letter i reseived says read carefully and fill the allocation questionnaire but there is nothing for me to fill in. All i have is Lloyds defence and a booklet about mediation. Should i ring the courts and ask where the questionnaire is????????? Any help would be greatful Thanks

 

Hi Scorpic if it's anything like my claim against Llyods you won't have an allocation questionare, i didn't that part on my letter was crossed out. Keep scanning the forums theres alot of info, try going into this thread-AQ Dispensed/Proceedings Transfered. The next step for me after receiving their defence was today i got my court hearing date letter for 20th June but again wasn't asked for any paperwork etc. Hope this is of some help for you. Suz:)

[curlychic]

O err ...... thats strange.

 

Sounds to me like the court have simply forgotten to pop an AQ in with your letter.

 

I would give the court a ring in the morning, just to check.

 

You can, however, go to the HM Courts web page and fill in the PDF version.

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do

 

Hope that helps

 

[curlychic]

LOL ..... both replied together.

 

Going by Suzys post, i would check to see if AQ is crossed out on your letter. If still unsure, give the court a ring in the morning

 

[Scorpic]

I have read it carefully but there doesnt seem to be anywhere where there would a cross to cross out the allocation questionnaire

[Scorpic]

Lloyds tsb defence have written

 

1)this defence is served without prejudice the the defendant,contention that the statement of claim is insufficiently particularised and is embaressing. The defendant reserves the right to plead further the the statement of the claim once thay are sufficiently particularised,

2) The defendant will objectthat the particulars of claim in this action disclose noreasonable cause of action against the defendant and makes no speciific allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed.

3)The particulars of the claim do not comply with rule 16.4 1(a) of civil procedure rules as amongst other things they do not identify the account in question that appears to form the subject matter of these proceedings, or indeed show how the sum of £1387.80 is arrived at.and do not appear to take into account the refund already paid and there is no pleaded basis in law or fact for the claim itself. the particulars of the claim are to vague.

 

4) the statment of claim shows no reasonable grounds for bringing this claim and should be truck out pursuant to rule 3.4 2 (a0c) of civil precdure rules.

The bit in bold i have never reseived any refund at all

 

is this a usuall standard defence thanks

[Michael Browne]

What did you put in your Particulars of Claim?

 

Also see here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

[Scorpic]

I put

 

During the period in which the account has been operating the defendant debited numourous charges to the account in respect of purported reaches of contract on the part of the claiment and also charged interest on the charges once applied.The charges debited to the account are punitie in nature and are not a genuine preestimate of cost incurred by the defendant,exceed any alleged actual loss to the defendant in respect of any reaches on contract on the part of the claiment, and are not intended to represent or related to any alleged actual loss, but insted unduly enrich the defendant which exercises the contractual term in respect of such charges with a view to profit.

[Scorpic]

Rang the court up nd they said because so many cases are coming through they are not sending out allocation questionnaires and that i need to ring the birmingham courts on tuesday to find out what i need to do next

[Scorpic]

IN the denfece it says i do not menstion the refund already paid. If i have not reseived a refund should i ring Lloyds solisiters and question this????

[Michael Browne]

Here's a list of what should be mentioned in your Particulars of Claim:

 

Your account number

Date account was opened

The date from when your charges began

That you have already supplied a schedule of charges

That you will be supplying a further copy

That the defendant has levied charges and interest

That the defendants contractual term which allows charges is unfairand contrary to common law

The Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law

Total amount claimed

Section 69 statutory interest statement

The alternative argument - S.15 Supply of Goods and Services Act 1982

Costs

 

I think you might need to amend your claim. See the link in post#7

[Scorpic]

Should i amend this to suit me nd send it to the courts and scm??

 

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

[Michael Browne]

Yes follow the advice here (for the third and last time)

'LTSB defence "claim too vague" - suggested action to take'