Worried i have done a claim wrong!

[breedsey]

Hi, Please can anyone help? I filed a money on line claim against Lloydstsb and they put in a defence so it was passed to my local court who sent me an allocation questionnaire so i filled this in and returned it only to my local court, should i have sent it anywhere else? Or anything else with it? I'm in a bit of a muddle and worried that it's going to go wrong I've been trying to read up as much as possible but think i'm just confusing myself. Any help would be great..

[nicsussex]

Did you fill in the AQ as per guidance on here? How much is the claim for? Did you send a cheque for the AQ fee (if applicable)?

 

We need to know a little more about your case.

[breedsey]

Hi, Thanks for the quick response, No i didnt have guidance form here i've only just found this part of the site.... The total claim is for £3480.37 but they have already credited my account with £750.00 in one account and £375.00 in the other... And yes i did send a cheque for the AQ, it was for £100.00.

[nicsussex]

So are you happy with what you put on the AQ - as per guidance here

 

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

[breedsey]

I didnt put any info in my other information section, Should i have?

[nicsussex]

Well it's not the end of the world and seeing as you have now sent it - let's see what happens - in the meantime have a good read around and see what you can expect - any questions just ask.

[breedsey]

Do you think it will go against me getting my money back? My court date is 6th June...

[GuidoT]

What did you put in your claim form particulars of claim? Post up the exact text. You should have put something along these lines?

 

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

[breedsey]

Hi, i dont have a copy of what i put in my particulars of claim but i did get it off the homepage before they up-dated it with the new version of it, when i put it in for my Lloyds claim i took out the bit about wilson and love because it wouldnt all fit in... Do you know where i might find it so you can see exactly what is in it?

[GuidoT]

Homepage? Which site?

 

Wilson case not mentioned in standard particulars on this site.

[breedsey]

Money saving expert site... I'm worried now...

[breedsey]

Could i get a copy of my particulars of claim from anywhere?

[breedsey]

1. Between [insert date of first charge eg 15/3/04] and [insert date of last charge eg 9/2/06] the Defendant debited numerous charges from the Claimant’s [This means you because you are the person claiming the money] account.

2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.

4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals [insert amount of interest as calculated with the bank charges calculator], accruing at the daily rate of 0.021% until judgment or payment.

5. The Claimant asks the court to enter judgment in their favour for [insert total charges] plus interest, totaling [insert total charges plus interest].

 

 

 

The above is very simular to what i put in my particular of claim, but i have just spoken to the court and they are sending me a copy of it so i can see exactly what i put in it...

[GuidoT]

Could i get a copy of my particulars of claim from anywhere?

 

The court should be able to send you a copy.

[GuidoT]

1. Between [insert date of first charge eg 15/3/04] and [insert date of last charge eg 9/2/06]the Defendant debited numerous charges from the Claimant’s [This means you because you are the person claiming the money] account.

2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.

4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals [insert amount of interest as calculated with the bank charges calculator], accruing at the daily rate of 0.021% until judgment or payment.

5. The Claimant asks the court to enter judgment in their favour for [insert total charges]plus interest, totaling [insert total charges plus interest].

 

 

 

The above is very similar to what i put in my particular of claim, but i have just spoken to the court and they are sending me a copy of it so i can see exactly what i put in it...

 

 

These particulars are not as good as this site, but they are adequate.

 

Have you sent a copy of your schedule of charges to the court and Lloyds' solicitors?

 

What defence did Lloyds file? Was it this one?:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb.html#post466483

 

Please post up the order with your court date on it verbatim.

[breedsey]

Hi, No i haven't sent a schedule of charges to the court or Lloyds solicitors...

 

The defence they filed is the same as your link but it has an extra bit in it which say's...

Further, insofar as part of the claimant's claim is based on charges levied on her account prior to six years from the date of issue of her claim, that is 21st Febuary 2001, that part of the claim is statute barred by operation of the Limitation Act 1980.

 

Sorry what is verbatim? My court date is 6th June 2007

[nicsussex]

Sorry what is verbatim?

 

Word for word

[breedsey]

DISTRICT JUDGE HENRY has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 11.30 on the 6th June 2007 at Reading, Berkshire, RG1 1HE and should take no longer than 1 hour 30 minutes.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 day's before the hearing.

 

The original documents shall be brought to the hearing.

 

Date: 26 March 2007

 

Cases are listed in accordance with local hearing arrangements determined by the judiciary and implemented by court staff. Every effort is made to ensure that hearings start at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable . Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing.

[nicsussex]

You have a court date so you now need to read here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

[breedsey]

Do i need to send a schedule of charges to the court and to Lloyds solicitors?

[nicsussex]

Do i need to send a schedule of charges to the court and to Lloyds solicitors?

 

Do you mean that you have not supplied these when you submitted the claim?

[GuidoT]

If you have not done so since filing your claim at court then absolutely yes.

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. asking for them to be filed with your claim and apologise for being late:

 

The Court Manager,

Your Court

 

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

 

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

[GuidoT]

DISTRICT JUDGE HENRY has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 11.30 on the 6th June 2007 at Reading, Berkshire, RG1 1HE and should take no longer than 1 hour 30 minutes.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 day's before the hearing.

 

The original documents shall be brought to the hearing.

 

Date: 26 March 2007

 

Cases are listed in accordance with local hearing arrangements determined by the judiciary and implemented by court staff. Every effort is made to ensure that hearings start at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable . Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing.

 

This is standard stuff. As Nicsussex has helpfully said read the link in his post 19. You will need to prepare a court bundle for issue in a months time, this takes a long time to produce and understand - I would start now.

[breedsey]

Do you mean that you have not supplied these when you submitted the claim?

 

No i didnt.

[breedsey]

For the schedule of charges, Can i use the bank charges interest calculations from the money saving expert web site?