DannyS Vs Lloyds TSB Help needed.

[dannys]

Hi,

 

I have a new problem. Lloyds slapped around £90 worth of charges on my account. I told them that I would not pay them so they sent it to a debt firm called Buchanan, Clarke and Wells.

 

I have now received a summons for the amount + intererest and fees.

 

What do I do, should I pay this then claim it back or what?

[dannys]

Also, when putting my claim in, can I claim back the £75.00 court fees?

[dannys]

Also, I am just about to use mcol but I have seen that it may not be a good idea. Should I use this or just fill the N1 out and take it to the court?

[BARTY]

Hi

Do not use MCOL now, you need to use an N1, have a look at this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107596-new-poc-n1-lloyds.html

 

You can claim back the £75 Court fees.

 

Barty:)

[dannys]

Thanks Barty, I have a day off today so can get cracking with it.

 

What do you think I should do about the summons I have received? (See 4 post above)

[dannys]

Ok, So I fill in an N1, I also attach a POC (copied and pasted with ammendments from ## New POC for N1 Lloyds##)

 

I also attach the shedule of charges, so there are 3 documents in total that make up the claim, is that right?

[dannys]

Is the POC a seperate document that accompanies the N1?

[nicsussex]

yes on the n1 where it asks for details of claim just put see attached sheet

[dannys]

I am filling out the N1 form (I assume it is ok in ink).

 

I need a bit of help with this bit.

 

Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

I have the charges and the court fee.

 

The only interest I have calculated is the one that you do with the spreadsheet from this site.

 

Is that the Overdraft Interest or the Interest under s.69 County Courts Act 1984? How do I calculate the other figure?

[GuidoT]

If you have not calculated it just delete the 'Overdraft Interest' part.

[dannys]

So is is a safe assumption that the intersest I have done at 8% is the Interest under s.69 County Courts Act 1984?

[nicsussex]

So is is a safe assumption that the intersest I have done at 8% is the Interest under s.69 County Courts Act 1984?

 

Yep

[dannys]

oK thanks guys and gals, I have my claim form complete, do I need to write 3 claim forms out?

[zootscoot]

Yes you need to send 2 to the court and keep one for your records.

[dannys]

Right, I have all the docs, do I to go in person or can I just send all the forms and a cheque for £80 to the local county court?

[zootscoot]

You can send them through the post. Although if you take them down they will check them there and then if there are any problems then it will take less time to rectify. Although if you can not get to the court conveniently and are happy that you've filled it in correctly it may be more convenient to post.

[dannys]

hellooo? anyone there?

 

"Right, I have all the docs, do I to go in person or can I just send all the forms and a cheque for £80 to the local county court?"

[BARTY]

Zootscoot has answered you in the post above;)

[dannys]

Hi Everyone,

 

I have put my claim in with the court but have received a letter from hmcs saying that "the designated civil judge has directed that all cases involving bank charges should be placed on hold until the test case by the OFT has an outcome.

 

It has been stayed until 29 Feb 2008.

 

What now? Is this happening to everyone? Have I wasted my time?

 

Thanks for all your help.

 

Danny

[elsinore]

Hi Danny.

 

Yes, this is happening to nearly everyone. If yours is a business account, you can apply to have the stay lifted. You can also apply if you can demonstrate extreme hardship caused directly by the imposition of the stay. Otherwise you will just have to grin and bear it!

 

You have the consolation of knowing that, when the time comes, you already have your place in the queue.

 

Els

[dannys]

Thanks for that Els

[dannys]

My claim has had the stay extended until July. However, the bank have slapped more charges on since I put the claim in.

 

Can I send a revised figure of what they owe me including the latest charges and the additional interest?

[dannys]

Hi,

 

Please can someone tell me if I should send a revised figure of what they owe me including the latest charges and the additional interest that has accrued whilst the claim has been stayed?

[cjg]

Hi

when you have your date for court and if you have your spredsheets saved on excel just run new copies and it will automatically modify your totals by adjusting your days since charges were imposed. Seperate spredsheets should be done for your NEW charges. Then the Judge should take them into account as well.

 

Thats what i was advised to do.

 

Linda

[dannys]

Does anyone know how to have a stay lifted? The bank have put more charges on and I have refused to pay them so they are threatening to take me to court. I am thinking of asking for the stay to be lifted so that they can deal with it all at once - the ones that I have paid and I want back, and the ones that I am not paying that LLoyds are demanding.