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misstraddy v lloyds tsb

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:confused: Hi, have been down the route of writing to Lloyds asking for refund of bank charges - £2150. They replied said no with usual response letter. Replied gave them further notice to review their decision and stated that if I did not receive a response then court action would be started.

 

No response so started court action via mcol (though not sure I provided all the information they wanted) and it was served on 01/05/07. Lloyds have until 15/05/07 to reply. Received a letter today from Lloyds in Andover saying that sorry to hear that I still wasn't happy and unable to add to their previous letter. They see from their records that I have issued a Court claim and that their solicitors are now dealing with it.

 

Help what do I do, and what is likely to happen next??

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Hi

Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence. You will then receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

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

 

If you don't get an AQ, read this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Also have a look at this:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

Why do you say that you are not sure that you have provided all the information they needed??

 

Good luck, let us know how you get on.

Barty:)

  • Haha 1

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thx for that. Have now read Getting MCOL Right and following the instructions. On Particular of Claim (via internet) I just quoted claiming unfair bank charges. Will now submit information and letters to court for particulars of claim as suggested.

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:confused: Have just received notice of transfer of proceedings to my local court and it was accompanied with notice stating that allocation questionnaire is being dispensed with. I have got 4 points on my defence from Lloyds.

 

1. This defence is served without prejudice to the Defendant's contention that the Particulars of Claim is insufficiently particularised and is embarrasing. The Defendant reserves the right to plead further to the Particulars of Claim once they are sufficiently particularised.

 

2. The Defendent will object that the Particulars of Claim in this action disclose no reasonable cause of action against the Defendant and makes no specific allegations against the Defendent as to why the Defenedent should be liable to the Claimant for the amount claimed.

 

3. The Particulars of Claim do not comply with Rule 16.4 1a of the Civil Procedure Rules as "amongst other things" they do not identify the account in question that appears to form the subject matter of these proceedings, or indeed show how the sum of £2152 is arrived at, and there is no pleaded basis in law and fact for the claim itself, the Particulars of Claim are too vague.

 

4. The Particulars of Claim shows no reasonable grounds for bringing the claim and should be struck out pursuant to Rule 3.4 2a-c of the Civil Procedure Rules.

 

Claimed via MCOL, is this usual response, what should I do next?

Getting V V CONFUSED!!

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You say you claimed via MCOL, did you use the Particulars of Claim template from this site??

 

If you did, then I can't see that you have anything to worry about. This seems a fairly standard defence, one I have read many times. It is just their way of trying to make you think you've done something wrong. If you've followed the guidelines and used the templates layed out on this site then I can't see you have any problems as they have all been tried and tested with great success.


If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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did you send copies of the charges, spreadsheets?

 

did you make sure you put your account details on the poc?

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No totally mucked up, didn't use spreadsheet from website and didn't put down my account details on MCOL. Previously wrote to Lloyds with standard letters and printout of charges though.

What should I do next, do I need to submit N244?

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Hiya

 

I did exactly the same thing, it might be useful if you looked at my link as Barty and AlanfromDerby have given me loads of advice and links which helped me fill all the docs in. I filed an amendment yesterday.

 

Hope this helps (link is below)

 

NeutronBoy

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/94110-lloyds-tsb-case-need.html

 

;)

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if i was you i would change it (will cost you £35) and also get copies of your charges sent to court and [problem] asap, use the spread sheet on this site

 

dont worry i am sure its easy done and easy sorted

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:( Thx to all who have responded, not quite sure how to reply to you individually as new to forums!!

 

Printed out N244 and now filling in and enclosing hopefully what should be all the information they require.

 

Will keep you posted

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Hi ,thx, have printed off Form N244, ticked Box C. In Part A, put in my name, then it says 'intend to apply for an order (a draft of which is attached) that (2) put in allows an amendment etc, etc

 

because (3) put in the claimant did not adequately particularise etc, etc

 

Part B

 

ticked evidence in Part C in support of my application.

 

Part C

 

Put in respectfully request etc, etc.

 

Hope this is right.

 

Including printout of charges and Particulars of claim.

 

Hope this is all right, do I need to fill in another N1 or should I just put my case number on N244?

 

Sorry to be a pain, but not very legal minded!!

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Have filled N244 do I need to accompany it with a new N1 form, as previously filed via MCOL. Also struggling slightlly on P O C figures at bottom.

 

Have now filled in list of charges form via this website, do I put in £2152 from 01/03/01 plus interest. Then how do I work out daily interest which needs filling in????

 

Can someone please help as I need to send it off today.

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The total will be the charges plus the interest.

 

The daily rate is worked out by Charges Total x 0.00022

 

So, £2152 x 0.00022 = £0.47


If my advice has helped please click my scales

 

Should you require any further help feel free to pm me.

Nat West 2nd Acc

Prelim letter sent 8th Feb '07

:) Full Settlement Offer 24th Feb '07:)

:pMONEY BACK IN ACC ON MARCH THE FIRST '07:p

 

 

Nat West 1st Acc

Filed at court 2nd of Feb '07

Acknowledged on 15th of Feb '07

:rolleyes: Defence submitted 1st March 2007 :rolleyes:

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Still not sure whether need to send another N1 form with N244. Court have told me to change it will be £65.00, WHAT AM I DOING WRONG?? Court have also said that it is waiting to be listed and going to a hearing so should leave any alterations till that hearing, but not sure.

PLEASE HELP!

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