cyprusgirl vs lloyds tsb

[cyprusgirl]

hi new to this forum thanks to the help and advice from people already on here, my small claims was issued on the 17th i have read that it can take three to five days for lloyds to get the papers through about my claim is this right and if so do i count 14 days from then or the 17th many thanks

[nicsussex]

The court will give you the timescale on the notice of issue

[photoman]

hiya cyprusgirl

See you managed to start a thread then !!

[cyprusgirl]

yes and thankyou for your help

[cyprusgirl]

does anybody have any advice on the spreadsheets as i dont know what they are and where to get them from, do you have to do them yourself if someone could explain these to me in simple terms i would be really greatfull many thanks

[nicsussex]

Seem to think that the link to the spreadsheet is down today - however if you have issued a claim already can i ask why you need the spreadsheet?

[cyprusgirl]

hi yes only just read about the spread sheets and dont even know what they are !!! so just wanted someone to help me with this as only read about them after wards as when i decided to claim i was following the martin lewis web site and it doesnt say anything about them on there!!! so no spread sheet has been sent to the court !! oh help really worrying now i have done it all wrong!!

[nicsussex]

Have you sent a schedule of charges with your claim?

[cyprusgirl]

Hi The Only Charges I Put On The Claim Was The Total Amount And About The Interest When Asked And Then It Totalled It For Me But That Was All But Nothing Seperate About The Charges Like Seperate Listings For Each One Or Anything Is That What You Mean? I Sent A Full Copy Of All Charges To The Bank When I First Asked For The Money Back But Not To The Courts I Have Rang The Courts And Asked What I Do If There Was Anything I Have Not Mentioned When I Made The Claim And They Said I Could Send It Seperate And To Include Additional Information That I Was Sending And I Wouldnt Be Charged As Long As It Wasnt An Ammendment For This I Would Be Charged Non Refundable £35 So I Need To Know What Else I Should Of Sent As I Said Earlier On The Martin Lewis Site I Read You Make Your Claim With The Courts Then You Are Asked For A Bundle And Everything Goes In There So Really Not Sure What To Do Now But I Need To Sort This Out And Quick So Anyhelp With This Would Be Great

[nicsussex]

Hi The Only Charges I Put On The Claim Was The Total Amount And About The Interest When Asked And Then It Totalled It For Me But That Was All But Nothing Seperate About The Charges Like Seperate Listings For Each One Or Anything Is That What You Mean? I Sent A Full Copy Of All Charges To The Bank When I First Asked For The Money Back But Not To The Courts I Have Rang The Courts And Asked What I Do If There Was Anything I Have Not Mentioned When I Made The Claim And They Said I Could Send It Seperate And To Include Additional Information That I Was Sending And I Wouldnt Be Charged As Long As It Wasnt An Ammendment For This I Would Be Charged Non Refundable £35 So I Need To Know What Else I Should Of Sent As I Said Earlier On The Martin Lewis Site I Read You Make Your Claim With The Courts Then You Are Asked For A Bundle And Everything Goes In There So Really Not Sure What To Do Now But I Need To Sort This Out And Quick So Anyhelp With This Would Be Great

 

Deep breath and . . . punctuation. Give me a while to see if i can make sense of this?

[cyprusgirl]

Hi Everyone I Started The Mcol On The 17th Of April And The Letter From The Courts Says That Lloyds Tsb Had Until The 6th Of May To Defend Today I Noticed That The Claim Now Says Acknowledged..... When I Clicked On This It Says ..."the Defendant Is Allowed A Total Of 28days From The Date When They Are Seved With The Claim To Reply" Does This Mean 28 Days From Today Or 28 Days From When They First Received The Claim When It Was Issued In April ?? Many Thanks And Comments Would Be Great

[BARTY]

Hi

It is 28 days from when the claim was served.

Good luck, let us know how you get on.

Barty:)

[cyprusgirl]

thanks barty, sorry to seem stupid but does that mean from today,, as it was acknowledged today,, or the 21st of april as that would give them 5 days days from being issued as that date was the 17th of april just not sure as to when count the 28 days from sorry to be a pest barty!!!

[nicsussex]

Really not much need to worry about these date too much - it is now in the hands of the court - they will now progress things for you - however should the timescales slip by more than a week or so, then you may need to look at things again.

 

LTSB will play a long game on this and will do everything at the last minute.

[cyprusgirl]

thankyou for your comments,, should i just wait now then ,, do i hear from the courts next to inform me what the next stage will be?? and can anyone advise me on what the next stage will be thankyou

[nicsussex]

and can anyone advise me on what the next stage will be thankyou

 

Thought i had done that - you will hear from the court - if you don't then chase them up.

[cyprusgirl]

thankyou.. will take your advise... letter came this morning stating that ltsb intend to defend all the claim with the solicitors details .. sechiari clark and mitchell... suprise suprise ..

[cyprusgirl]

Hi Everyone.. Have Been Waiting For Lloyds To Defend The Claim With Mcol Have Just Checked On Line And It Now Says "defence" It Also Says That I Am Unable To Take Any Further Action Online On This Claim... It Goes On To Say That "the Defendant Disputes The Whole Amount You Have Claimed Your Claim Cannot Proceed Online And Will Be Transferred To The Appropriate Court For Continuation, You Will Receive Confirmation To Where The Claim Has Been Transferred To Shortly"..... Does This Mean I Will Get The Aq Now?? Also I Noticed That The Date Of Defence Is The 17/04/07 But This Is The Issue Date Could This Just Be An Error?? Also Lloyds Had Until The 19/05/07 To Defend As The Served Date Was 22/04/07 ... Any Advice On The Next Stage Would Be Great Thankyou

[BARTY]

Hi

You will then receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

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

If you don't get an AQ, read this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Barty:)

 

 

[cyprusgirl]

thankyou barty

[cyprusgirl]

lloyds have defended my claim and i received the defence today.... 9 point defence ... also AQ has been dispensed with in this case... my claim has been transferred to my local court ... i would be very greatfull for some help and guidance here as feeling very silly and i wish i had found this site before starting my claim !!! so here goes ... the transfer of proceedings states that "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" what does this mean?? also after finding this site realised my POC was vague as used another template letter from martin lewis web site also i noticed after i filed my claim with MCOL there was a £300 LESS difference in the total i was claiming....as when i first calculated the charges i entered all the account charges for the select account of £5 and then £7 a month so i deleted these from the schedule of charges to get it right which has altered the amount...The origanal schedul of charges has been sent to lloyds three times all with the letters but not to the courts as none has been sent there yet as waiting to see about the amendment... so i rang northampton court and told them about it and asked about an amendment the lady there told me to print off an n244 and blank n1 form re write in black pen what stayed the same and re write in red pen what needed to be added or amended she also told me to wait to see if i received a defence and to see if i was sent an AQ as it could all be done at the same time.... so as i said earlier i have no AQ so rang northhampton this morning and they said to ring stockport (my local court) which i did and they advised me there to wait and see what the judge directs but she said this could take a few weeks as they have a back log of claims.... so what do i do now?? do i wait or make the amendment now whilst i wait for the direction of the court?? and if so will i still have to go through northampton or can i make the amendment from my local court??.... the defence doesn't state anything about the claim being vague by lloyds solicitors... but i have a bad feeling the judge will as my account details aren't even on the POC...i am blushing as i write this and have wanted to get your advice on this for a few days now but feel so embarressed by my whole stupidity any help with this would be fantastic so thankyou to any one who takes the time to help me

[nicsussex]

Deep breath yet again!

 

Loads of points that your are looking for answers to here. Will try to answer them in some sort of order.

 

9 point defence - good news (although see later)

 

AQ dispensed with - not a problem

 

claim transfered to local court - fine

 

transfer of proceedings - no problem

 

POC claim to vague - why wre they to vague and what did you write from the other site? And why have Lloyds not mentioned this in their defence?

 

Charges claimed £300 less than you were claiming - need more information here and see that you are talking about charges of £5 -£7 - what are these charges for and when were they applied?

 

Rang stockport and told to wait and see - why not?

 

Ammendments at northampton or local county court = local they will be in touch

 

defence doesn't state anything about claim being vague - an oversight on there part - as you are amending you claim anyway - make sure you get it right this time

 

 

Account details not on the POC - see above

 

Embaresment is not an option - you will get all the help you need here

 

 

PS - Can we have any further questions in smaller batches?

[cyprusgirl]

firstly i would like to thank you for your reply and apologise for the ramble in my last post and will try to point my questions seperately in my future posts... thankyou again.. ok firstly regarding my POC it was very breif stating how long i have banked with lloyds, i inserted the dates and went on to say that charges had been taken from my account from july 2002 to march 2007 the charges exceed the defendant's losses caused by the breaches, the defendant is aware of all details as a list of charges has already been sent, claimant claims a return of the amounts debited of xxx and interest per s.69 county courts act 1984 of 8% entered total amount and that was basically it .. oh my face is reddening what a fool ... after i filed my claim on MCOL i then found CAG and realised what i had done!!! so i rang the courts northampton at the time and the lady there talked me through what i would have to do for making an amendment ,but she also told me that i would have to serve the new POC to lloyds myself so in my panic i typed out the POC of this site, sent it lloyds with a covering letter and a schedule of charges but the letter was basically offering lloyds to settle out of court as they had not acknowledged or defended my claim at this point ... so this must of been passed on to SC&M by lloyds and maybe this is why it wasn't on there defence... i was suprised to see though that lloyds did acknowledge my claim and then defend it rather quickly!! ok i will let you get your head around this mess untill i move on to further points mentioned... a big thankyou again

[London1978]

Hi there cyprusgirl, I'm at the 'defence entered' stage and wondered how you were coming along with your case, as you are about 2 weeks ahead of me. Many Thanks

[cyprusgirl]

hi london 1978... you will receive a copy of the banks defence with further instructions you may get an AQ but i did not... at the moment i am waiting to hear from my local court.. my claim went before the judge last week but i haven't heard anything ...you could always ring the court as i did and they will tell you how your claim is going as they are usually very helpful...if you haven't recieved a copy of your banks defence yet through the post this will be the next step and you will also be informed if you will have to fill out the AQ if you get one just post and lots of people will be willing to help you... keep us posted on how your claim is going and good luck....