doz vrs Lloyds ** WON **

[DenWestie]

just subscribing!!

[evoix]

Hi evoix. You should recieve a notice of acknowledgement from Northampton County courts soon which will have lloyds solicitors address on it. Send a copy of your charges to them when you get this but send 2 copies ASAP to MCOL, Northampton Court.

Doz

 

I can see from your thread that u received letters from Northampton quite quickely after filing claim. I filed the claim on 21st June and still have not received a thing from the courts, should I contact them

[Doz]

Checking MCOL this morning Lloyds had'nt acknowledged my claim but after checking again in the evening they have now acknowledged it.

This has got to be a first even for Lloyds as it was only deemed served on 1st July so its took them 3 DAYS!!

 

PHONE THE GUINNESS BOOK OF RECORDS.

 

Joking aside they have still have 25 days to file a defence which no doubt they will do.

[Doz]

Now lloyds have acknowledged would it hurt to send a schedule of charges off to their solicitors tommorrow as i already have the S C & M address?

[GuidoT]

In case you are not aware and as you filed using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed as below:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Your faithfully

 

Dear Sir

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[DenWestie]

Checking MCOL this morning Lloyds had'nt acknowledged my claim but after checking again in the evening they have now acknowledged it.

This has got to be a first even for Lloyds as it was only deemed served on 1st July so its took them 3 DAYS!!

 

PHONE THE GUINNESS BOOK OF RECORDS.

 

Joking aside they have still have 25 days to file a defence which no doubt they will do.

 

Just 3days thats fast, getting close to victory.

[Doz]

Thanks GuidoT, Yes i am aware that they had to be sent and were the next day after filing my claim but i have been checking Royal Mails track and trace regular as it was sent Recorded Delivery and its looking like it has been lost.

I also rang MCOL 2 days ago and they have no records of the schedules being recieved so i have posted another 2 copies to them Reocorded AGAIN in the hope they get there soon and will not delay my claim.

 

So sending a copy to SCM would be a wise choice given the circumstances which surely gives them no excuse to delay claiming my claim is to vague as they have no schedule of charges.?

 

Any thoughts please?

[DenWestie]

Best thing is to send a copy out again to both SCM & MCOL.

So there should be no excuse for SCM to say your claim is to vague.

[Doz]

Thanks Denwestie, That was my way of thinking too.

I'm just about to ring MCOL again to see if they recieved my previous 2 copies and if not it's onto Royal Snail to chew their ear off!!

[Doz]

OK. Just spoke to a nice lady at MCOL and she has confirmed that my 2 copies of charges have been recieved..Phew! So royal mail are of the hook!She asked me if i had sent a copy to lloyds yet to which i replied "not yet", so she advised me to send a copy today. So im off to see the nice lady at the post office again.

[DenWestie]

Good MCOL get the copies, anyway its all about SCM getting the copies aswell and not to delay your claim.

 

Get on printing again lol.

 

Good luck there!!

[Doz]

Did them last night.

[evoix]

hi doz and den.

 

Looks like we are all on similar timetables. Thanks for your reply doz, got my acknowledgement this afternoon. SMC acknowledged 30.6.7 and of course are defending in full. I tried to fax the schedule to them tonight with cover letter as per advice in posts (thanks for these). Looks like fax is turned off at night. Any how will send rec del on Friday morning to SMC and court. I had the added problem that I didn't put the account number on the original court docs, so glad to be able to provide docs with these on. Wasn't too sure on date of issue - so used the date I filed the claim and also inserted the acknowledged date. Is the date of service always deemed as the 5th day? Good luck

[christinajanep]

hi evoix, i also tried faxing some info to [problem] and it just rang continuously andthats because they have typed it incorrect on the claim form, the correct number is 012737 45341 (not 5)

hope this helps

christina

[evoix]

Thanks Christina, found another number from someone else and it ended in 6, faxed to this number but am going to use your number as well

[evoix]

Christina error message using your number - no loop present. They like to play silly beggers with their numbers don't they lol:)

[christinajanep]

hi ya, ive just tried it and it went straight to fax 01273 745341

maybe try again:D

[evoix]

right folks now i am totally at a loss. this morning i got 2 letters from scm. 1st letting me know that they received the notice from northampton bla bla bla - properly incorporated - bla bla breach of contract.

2nd letter dated same date - strictly without prejudice

bank intends to defend etc etc same as reported - but 2nd page full and final settlement full amount - sign and send back - contact bank manager to review account- signing and sending today. so me thinks this is victory:D :D

[evoix]

hi ya, ive just tried it and it went straight to fax 01273 745341

maybe try again:D

christina - i am a fool just reported fault on phone line - they went through the fault analysis and asked me to check out all the cables - guess what the line into the fax/phone was unplugged. see my other post tho lol

:D

[Doz]

Firstly i would like to congratulate DenWestie on his win....WELL DONE!!

 

I am a little confused at a letter i recived from northampton Court on Friday 6th July.

The letter is an acknowlegement of service, but the part i am confused about is the bit at the bottom of the page below the SCM address which says:

 

 

Tick the appropriate box

 

1. I intend to defend all of this claim. (There is a cross in this box)

 

2. i intend to defend part of this claim.

 

3. I intend to contest jurisdiction.

 

 

I have checked MCOL this morning and no defence has been filed but on the letter there is a X in the box. Does this mean they have filed a defence or not...??

[christinajanep]

hi doz

sounds like they have defended maybe give the court a call to double check, they are really nice and very helpful

[Doz]

I have recieved a letter from the SC&M this morning which was dated 6th July which reads:

 

Dear sir/Madam

 

In the Northampton County Court

xxxxxx v Lloyds TSB Bank plc

Claim number xxxxxxxx

We act for Lloyds TSB Bank plc (the bank)

 

We have been passed a copy or the proceedings that you have issued against our client in Northampton county Court. The bank will be defending these proceedings on the following grounds:

 

1. The fees that you seek are properly incorporated into your contract with the Bank;and

 

2. By making payments (whether by cheque,bedit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the Bank for an increased overdraft, which the Bank may meet or decline. If it meets your request, you must pay the necassery charges. the issue of penalyies only arises as a matter of law, where there has been a breach of contract here.

 

Looking ahead, a situation which gives rise to a dispute is not one the Bank wishes to continue. In view of this, you are requested, please, to make contact within 14 days with you local Lloyds TSB branch manager, on 0845 3 000 000, to review your account. A review may be useful to consider whether your current banking arrangements are most appropriate for your needs.

 

we await confirmation from the Bank that this action has been taken.

 

Yours faithfully

 

SC&M

 

So they will be defending my claim of which i fully expected them to do but what does this letter actualy mean?

There is only 2 points that they are defending so is this a good thing..?

 

Advice much appreciated thanks.

[monopoly23]

I think they're expecting you to see your manager really and depending on the outcome, they will do a full defence.

 

I dont see the point of a meeting though, unless he can give you all your charges back. No bank that makes these charges is 'most appropriate for your needs' is it?

 

Personally I'd give the meeting a miss and carry on like you never received the letter. Its a total waste of time IMO.

[GuidoT]

In my view meeting waste of time, manager will not refund your charges.

 

They only understand one thing, i.e. litigation.

[Doz]

Thanks for both your comments. So basicly it's just piffle and nothing of any concern.

So i just wait for a defence from SC&M.