biff1666 v Lloyds TSB (N1 form) ** WON**

[Biff1666]

Hi all,

and so its has began, beggining and continuing! and I`am doing this 4 the missess.

1. S.A.R - (Subject Access Request) Letter sent can`t remember when.

 

2. Recieved statements from LTSB, last 6 years as per S.A.R - (Subject Access Request) letter (no date on LTSB letter)

 

3. Letter 2 from templates sent(recorded delivery)

 

4. Standard reply recieved from LTSB, just within 14 Days, sorry you are unhappy about yor charges etc.etc.etc

 

5 LBA letter sent(recorded delivery) with a few extra days grace.

No reply after 14 Days

 

6. N1 application just about to go(recorded delivery) I think I have completed it correctly.

 

7. 31.05.07. Received a letter from the Court, “Notice that Acknowledgement of Service has been filed”. The Defendant filed an Acknowledgement of service on the 30.05.07. (Last Day!).(See post 13)

 

8. 1.06.07. Received a letter from Lloyds TSB, thanking me for my letter dated 17.04.07. “Sorry you have not been happy with our response so far” etc, etc. “We note from our records that you have already issued a court claim for payment of these fees and that our solicitors are dealing with this” etc etc.(On the ball)

 

9. 7.06.07. Received letter from Court “Notice that Defence has been Filed” Allocation questionnaire (AQ) enclosed. Must be completed by the 25 June.

More delay and another £100. I thought I read somewhere that they stopped sending these out? Anyway just off to do some research on completing the AQ. I have also attached Lloyds TSB 3 point Defence. Didn’t it used to be 7 or something? I have attached for information. In addition would welcome any advice on completing the Allocation Questionnaire and putting together a Court Bundle particularly any claims won after the recent Lloyds TSB win(See post 13)

 

10. Allocation Questionaire (N150)received,completed and sent with draft order(See post16)

 

11 25.06.07 (last date for filling AQ) Court confirms receipt of my AQ (phoned em). Informed me, not recieved AQ from Lloyds TSB yet.

 

12. 28.06.07 Received a reply from SC&M in response to my AQ sent 20.06.07(See post 24)

 

13.3.06.07 Recieved letter from SC&M dated 28.06.07 offering to settle in full providing we sign thier agreement.

 

14. 6.06.07 Sent Acceptance Letter to SC & M.No conditions

 

15.16.06.07 Money paid into Account.!!!!!!!!!!!!!

16.06.07 Sent Discontinuance Letter to Court

 

 

 

Any body know where the nearest County Court is for Knowsley,Merseyside? Bit confused over Magistrates Court,small claims Court. Crown Court etc.

Any help appreciated.

 

Biff1666

[BARTY]

Hi

I've checked on here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

FOUND IT ST HELENS COUNTY COURT

 

Good luck!

Barty:)

[Biff1666]

Thanks Barty tried that link but just want to make sure:confused:

[BARTY]

Edited my post above used the advanced search on that link

[Biff1666]

Cheers Barty and so it really begins. N1 Form off to St Helens tomorrow. Keep you informed

Biff

[Biff1666]

Hi Barty or anyone,

sent off the N1 form but didn`t fill the section at the bottom of pg1 "Defendants name and Address" etc and "Ammonunt claimed" box. I thought this section was for the defendant to fill in? I have just read in another thread that I should have filled this in . In view of the fact that I have already listed the amounts in the "value" sectioin and in Sec 5.How important is that I havn`t completed this section and should I ring the court and asked them to complete for me prior to sending N1 form to bank?

TIA

biff

[BARTY]

Hi

Give the Court a ring on Tuesday morning.

Barty:)

[Biff1666]

Cheers Barty:o

biff

[Biff1666]

Hi Barty

rang Court on Tuesday kind man filled in the details for me

Juat recieved the Notice of Issue from the Court

Claim issued 10.05.2007 deemed served the 12.05.07. Lloyds TSB have untill the 30.05.07 to reply.

As a further note I asked the Court Official if they keep a public record of "Notices"? I think it`s required under some legislation.I was going to use it as supporting evidence.

Although he didn`t know, he did state "we have had plenty of these Notices but they usuallly fold on the last or second to last day":)

Hope this is the case

ps. How do I move this to the litigation section

Biff

[BARTY]

Hi

You need to send a PM to one of the Mods (names in green) or one of the Site helpers (pink)

Barty:)

[Biff1666]

Hi Barty,

sent off detilas to moderator,and now we wait

thanks

Biff

[Biff1666]

Hi All,

[Biff1666]

Hi All,

Just an update.

 

1. 31.05.07. Received a letter from the Court, “Notice that Acknowledgement of Service has been filed”. The Defendant filed an Acknowledgement of service on the 30.05.07. (Last Day!).

 

2. 1.06.07. Received a letter from Lloyds TSB, thanking me for my letter dated 17.04.07. “Sorry you have not been happy with our response so far” etc, etc. “We note from our records that you have already issued a court claim for payment of these fees and that our solicitors are dealing with this” etc etc.(On the ball)

 

3. 7.06.07. Received letter from Court “Notice that Defence has been Filed” Allocation questionnaire (AQ) enclosed. Must be completed by the 25 June.

More delay and another £100. I thought I read somewhere that they stopped sending these out? Anyway just off to do some research on completing the AQ. I have also attached Lloyds TSB 3 point Defence. Didn’t it used to be 7 or something? I have attached for information. In addition would welcome any advice on completing the Allocation Questionnaire and putting together a Court Bundle particularly any claims won after the recent Lloyds TSB win

------------------------------------

Lloyds TSB Defence

----------------------------------------

 

1. The Defendant Lloyds TSB plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London EC2V 7HN. It is admitted that the claimant has been a customer of the Bank at all material times.

 

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of the arrangement, to charge for those services. At account opening a customer is provide with details of the Banks Charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

 

Cheques

Bank statements

The facility to make payments by direct debit and standing orders

Debit cards

ATMs (cash machines).

 

3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Banks own funds. If the Bank makes payment, or returns the payment, it provides a service specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that “there are normally no charges for everyday banking at Lloyds TSB when your account is in credit’

 

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how theses charges work, and when they will apply

 

Statement of Truth etc etc.

 

TIA

 

Biff

[BARTY]

Hi

Looks like the first 3 points of the standard 9 point defence, is that all there is of the defence?

Barty:)

[Biff1666]

Hi Barty,

thats all the Court have sent me with the AQ.Am I missing something?

Biff

[Biff1666]

Hi All, just a further update,

With reference to my previous post regarding Lloyds TSB 3 point defence instead of the usual 9 point defence. Am I missing something, is this a “new tactic” or just an “error” on Lloyds part. Would welcome some feed back?

Regarding my AQ, received my N150 AQ, I thought this should have been a N149, as my claim is for less than £5000. However, I have read somewhere that N150s do get sent out in error by the Courts. Completed it and sent it off, 21.06.07 (last date for filling 25.06.07), recorded delivery, to the Court and sent copy, recorded delivery, to Lloyds TSB solicitors, SC&M

Will check with Court to make sure they recieved it!

When completing the N150, section H, attached the “special directions draft order” as per “new strategy to completing AQ”. In addition, entered into section H

Following

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

I have seen several versions to insert into section H. would be nice to no which is the most effective and up to date version? Hope it works:confused:

Just a Final question(s), and I am not a legal eagle, just a lay person, so don’t all dive in.When sending a copy of you AQs to the defendants solicitors, do they wait for your AQ before sending in theirs and would it be better to wait to the last minute before sending a copy to the defendant?

TIA

Biff

[Biff1666]

Hi All,

rang Court on the 25.06.07, last date for filling AQ. Court informed me they had recieved my AQ,recorded delivery.Asked Court about Lloyds TSB AQ, Court informed me that had not recieved it to date.

 

Request a little help/guidence regarding previous post:confused:

 

Biff

[nicsussex]

Just a Final question(s), and I am not a legal eagle, just a lay person, so don’t all dive in.When sending a copy of you AQs to the defendants solicitors, do they wait for your AQ before sending in theirs and would it be better to wait to the last minute before sending a copy to the defendant

 

Really makes no difference - there's will be the standard nonsense anyway - best to get it in sooner rather than later to show that you mean business.

[Biff1666]

Thanks Nicsussex,

still a little worried about My LlOYDS TSB 3 point defence? Is this a first or have Lloyds or the Court forgot to include something, like points 4-9, or can they just change thier defece when we go to court?

 

Would wecome a response?

 

Biff

[nicsussex]

Was the defence signed?

[Biff1666]

Hi Nicsussex,

yes by a Joanne Storey (Team Leader for the defendant)

 

Biff

[nicsussex]

In that case can only think that it is an error on behalf of SC&M - well they are busy!

[Biff1666]

HI Nicsussex,

True:D ! We will have to wait and see what developes. Just a little worried after reading about the recent lost case. Will have to get the defence right!

a)Yes it was a breach of contract and

B) get myself a good "witness statenment" so I don`t get led down the garden path.

 

Biff

[Biff1666]

Hi All,

just an update. Received a reply from SC&M dated 28.06.07 in response to my AQ sent 20.06.08

---------------------------------------------------------------

We act for Lloyds TSB Bank plc (the Bank)

 

We have been passed a copy of proceedings that you have issued against our clients in St Helens 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 (weather by cheque, debit 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 necessary charges. The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no 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 the next 14 days with your local Lloyds TSB Branch Manager, on 0845 3000 000, to review your account. A review may be useful to consider whether your current banking arrangements are the most appropriate for you needs.

 

We wait confirmation from the Bank that this action has been taken.

 

Yours etc etc

 

SC&M

--------------------------------------------------------------------

 

It would appear that the 9 point defense, that they used to use, that dropped to 3, has no down to 2 key issue.

 

 

Would welcome some feed back:?

 

Biff1666

[BARTY]

Hi

I have seen this letter several times in the last week or so.

I wouldn't bother contacting the bank for a "review".

Barty:)