SiBirm vs LloydsTsb

[SiBirm]

I wrote my 14 day letter 11/01/07, and was sent the standard "we charge for services and aren't paying anything back letter blah blah blah" on the 14th day. Subsequently I have filed a claim through the small claim court. This was issued 14/03/07 (i was too busy to do it any earlier).

 

I have all 6 years of statements, some I got online, the rest i was supplied - without problem i might add - from the bank themselves. I didn't need to pay or send a letter about data protection.

 

So the charges amount to £1367.50 and individually range from £15 to £90 each!! anyway so I've submitted copies of all statements to the courts and the bank.

 

They acknowledged service on 03/04/07 and stated the intention to defend the claim in full.

 

I was served notice that they filed the defence on the 17/04/07, and have been given 21days to fill out the allocation questionaire.

 

This is where I am right now. I have read the defence and they are stating that their charges are not penalties but are fair charges for a service provided. I'm pretty sure this is a standard defence as they describe me twice as "her" and "she" - they must be printing these out by the dozen!!

 

What doI do now?? help would be appreciated. do i need an expert or an experts report?? if so where or who do I get one from, and what other information should I provide to help the judge manage the case.

 

I am begining to feel out of my depth.

 

cheers

 

SIBirm

[BARTY]

Hi

Things are going as expected so far for you.

These links should help you fill in your AQ:

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

Was it the standard 9 point defence?

 

Once you get a Court date, this link should help:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Good luck, let us know if you have any more questions.

Barty:)

[SiBirm]

Hi, No I've got a 10 point defence, point 8 has .1, .2, and a .3 so you could say 13 point defence. Does it make any difference?

 

I also asked a court worker about the AQ and they said to fill it in and not to worry about the other info section. Is there anything specific that I should put in there, I have seen some variation on this site - it's a biut confusing.

 

Thanks for your help.

 

Simon.

 

PS - I never calculated interest, could this be claimed back in a seperate action? also about claiming prior to the 6 years, can that be done on an estimated basis once this claim is finished?

[SiBirm]

bump

[BARTY]

Hi

What is point 10?

The links I gave you in the post above should help you fill in the AQ.

I don't think you would be able to claim the interest seperately.

 

Barty:)

[SiBirm]

Hi Barty,

 

I'm not sure what the standard defence looks like but;

 

9. Further, insofar as part of the claimant's claim is based on charges levied on her account proir to six years from the date of issue of her claim, that is 14th March 2001, that part of the claim is statute barred by operation of the Limitation Act 1980.

 

10. The claimant's claim is denied in it's entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the bank.

 

Now, that fact that a small part of my claim lies out side of the 6 years is because by the time they replied to my 14 day letter and I got round to filing the claim at court a couple of months had passed - surely it's not going to be a problem, I thought that because of Lloyds defence arguing about the penalties and therefore "cloaking" them - this meant the Limitation act didn't apply - am I wrong?

 

Si

[SiBirm]

I recieved my General Form of Judgment or Order on the 29th May after completing the allocation questionaire. I included the draft order template for the judge. The Judge ordered that the bank must submit a fully completed AQ within 7 days after service of the order- if not the defence will be struck out and judgment entered for the claimant. This to be referred back to the District Judge after 14 days.

 

I called the court claims office yesterday to see if the AQ had been recieved, the person on the phone said it looked like they hadn't sent anything, so fingers crossed and touching wood, but Monday should be the day I find out if we've beaten them or not

 

wish me luck, although following the simple steps and sticking to my time table has made this all seem fairly painless. cheers fodder and cag crew. lets see how we go then shall we. £1500 on my way would be nice, so would be beating a company above the law that makes billions of pounds profit. come on!!

[SiBirm]

OK, well after a couple of postal strikes and a few attempts at trying to follow the courts internal time scale system, Oh and did I mention my Judge having a holiday!!

I am now informed that the case was referred to the judge who has now asked (upon my advice) that the bank supply all evidence used to support the fact that the charges are fair. The matter will then go back before the judge before a date is set.

 

Can I now assume that this is the evidence the bank DON'T want to publicise and therefore they will now settle??

 

I followed the AQ format from here and included the recommended draft order for the Judge - I think it helped.

 

We shall see I suppose, I'm in it for the long haul now.

 

Simon

[christinajanep]

the judge has asked the bank to disclose their charges known as a disclosure notice, obviously they wont comply, but that doesnt mean to say they will pay up staright away,

i had the same thing and just having to apply for judgement as lloyds wont play ball:(

[SiBirm]

OK, I received a letter from SM this weekend, it says that they are requesting a stay on the case, until the test case with the OFT and FSA is heard. It asks me to reply stating if I agree or not.

 

What should I do? I'd like to reply in the negative and get on with it. But what is the test case going to achieve? and how much of a bearing does it have on my case which is so far down the line?

 

advice greatly appreciated.

 

Thanks

 

Simon.