Justlaugh2 V Lloyds TSB

[justlaugh2]

Hello to all,

 

I have become an avid reader of these threads and also the MSE site since starting the process with Lloyds at the beginning of Feb 2007.

 

Unfortunately I started the process after recieving an email from a company who said they could do it all for me and the pound signs started flashing before my eyes, so very stupidly i agreed to let them do this for me ( i had no idea that i could do this myself or how much i had paid in charges over the years )

In the meantime I found out that i could do this myself and became an avid reader of all the success stories on here.

Thats when I went to online banking and trawled through the statements going back 5 1/2 years, when i added it all up the charges totalled £4714.00

At the end of march i called up this company and asked them how my claim was going, to which i was told that they hadn't received my statements yet and also told i was being impatient. This was when i told them i wanted to cancel the agreement and they were not happy!

They said that even if i cancelled i was still had to pay them 25% of anything i received! ( all they had done was send a letter requesting statements at this point)

My next step was to ask a solicitor friend to draft a couple of letters for me cancelling the agreement with them and also a letter for the bank saying i would be dealing with this matter myself from now on.

I then received a reply from the company saying they would accept £350 to cancel agreement! Bloody cheek! I have so far ignored this as i have also spoken to the bank to make sure they do not send any correspondence to them.

 

27th March I sent my letter to Lloyds ( using letter from BBc website) giving them 14 days to refund charges or i would take them to court.

About a week later i received their standard reply saying it would take them 4 weeks to look into it.

 

On 12th April I filed my claim at the county court for £4714.00 + £590.00 interest ( statutory) This was served on Lloyds on 21st April.

 

I now think i may have made a mistake with the N1 form as in the value I put £4714.00 + £590.00 interest ( using the wording from the template) but in the box on bottom righthand corner where it says total I only put in £4714.00 I didnt add the interest on as I thought that the court will award this and it wasnt up to me to add it on yet ( also the interest will be different by the time the bank pay up)

 

So if anyone knows if this is wrong or right could they advise me so i can make amendments before too much time passes.

 

Thank you

[justlaugh2]

Well

lloyds time is up today to acknowledge my claim! They have until today 8th May to acknowledge and so far ive heard nothing!

 

Can i file for judgement today?

 

Or do I have to wait until tomorrow?

 

Or do they have another 14 days?

 

Any help would be appreciated, Thanks

[BARTY]

Hi

I would give them until the end of the week, then come back on and tell us if they still haven't acknowledged.

What address did you put for Lloyds on your claim form by the way?

Good luck, let us know how you get on.

Barty:)

[justlaugh2]

I put the Gresham Street address on the N1 form.I called the court and found out that they havent acknowledged yet, It will be very hard waiting until the end of the week. Too impatient. But maybe i will give them another couple of days.Thanks for replying.

[justlaugh2]

I took my request for judgement straight in to court office on Wednesday 9th May.

I rang the court on Friday to see if lloyds had acknowledged late ( they hadnt)

But so far my request for judgement hasnt been issued, does annyone know how long this usually takes and what happens next?

[jshtr3]

Hi, It took about 5 days before the court sent me my judgement by default. What happens next is the tricky bit. Lloyds can apply for a set aside and delay things further. If they don't, you write to them asking for your money. If they don't pay you get a warrant of execution and start the bailif process. It's really not the best route to go down but I've seen a few threads recently where they have neither defended or acknowledged. Just too busy/useless I suppose. Have a look for aircushionbaloon and mrTbone's threads. They are usefull guides as to what you can expect

[justlaugh2]

I called the court again this morning to find out if judgement has been issued yet.

Was told that the court are still working on cases from 3rd May and that i should wait another 10-14 days. This means that Lloyds may have indeed acknowledged the claim but the overloaded court havent got to it yet.

 

I thought I was near the end of my claim, but now it looks as if it could be quite a few weeks before I see any money.

[justlaugh2]

I got my judgment request sent back to me !!

 

dated 16th May

 

Letter says;

 

your request for judgment in the above case is being returned because;

 

the amount on your request differs from that as stated in the claim form, please amend the request or explain the discrepancy.

[justlaugh2]

With some help from a solicitor friend. this was my reply:

 

Thank you for your letter dated 16 May

 

My copy of the claim form shows the " Total Amount" section in the bottom right hand box was not actually completed. This was due to my oversight for which i apologise, however i was not alerted to this when i attended the courts issuing desk.

The figure that should have been inserted for the Total amount is £5295.64. It is however set out and broken down in the "Value" section of the first page of the claim form ie; £4714.00 charges +interest of £581.64.

 

The sum claimed on the request for judgment (5322.83) is therefore made up of £5295.64 plus further interest for the period between date of issue and the request for judgment (27.19)

 

I trust that explains the discrepancy and hereby return the request for judgment to be actioned by the court. I apologise for any confusion.

[justlaugh2]

Recieved Acknowledgment of service on 22nd May which was filed on 14th May ( 6 days late!)

 

Im getting really frustrated that the Court paperwork is taking so long ( they have a 2 week backlog) . I know they must be so busy with all the Bank charge reclaiming!

[justlaugh2]

I received my judgment ( by default) agaist Lloyds!!

Dated 6th June, i faxed it to their solicitors and followed it up with a phonecall. Solicitor said they have to wait on instructions from the bank in case they want to apply for a set aside.

claim issued 21/04/07

judgment requested on 9/05/07

Judgment returned to me for amending 16/05/07

Claim acknowledged 14/05/07

Judgment request re sent 20/05/07

Judgment issued 06/06/07

 

No defence has been filed in the mean time, can they still apply to set the judgment aside? even though they should have defended by 22/05/07???

 

Thanks in advance for any comments/help.

[GuidoT]

They can still apply to set-aside, whether they will be successful or not is another issue.

 

I have not known Lloyds to make an application for judgement is default to be set aside.