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I am currently in the process of reclaiming my charges, I have submitted my claim to moneyclaim online as my bank had refused they'd done anything wrong !! Five days after I filed my claim I received a final response letter from my bank saying that they were sorry I was still not happy and as a goodwill gesture they would deposit £750 into my account within 10days, the letter was dated 30th April, same day I filed my moneyclaimonline but the date stamp on the envelope was 18th May - bit suspicious I think, they have not mentioned the court letter however I chcked my account to fine that there was £750 there - statement read goodwill refund. What I would like to know is do I take this amount and cancel my court claim of the £2225.00 or do I let it run its course?

The bank has not asked me if I wanted this they've just assumed and by the time I received the letter the money was already there.

PLEASE HELP !!!!

 

Thanks

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No.. louis

 

 

Liani if you wish you can accept the offer on the condition that it is a partial offer only.

 

You can still claim the second lot its up to your present financial position if you would like to accept the first offer on the "conditional" basis.

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

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Guest louis wu

Fair enough James,

 

Perhaps you could tell the OP what to tell the court and what to do with the claim amount as it stands. I'm sure that would come in useful.

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You say theres more on the way

 

with a big smile on your face

"The only thing that interferes with my learning is my education." Albert Einstein

 

"No-one can make you feel inferior without your consent" - E. Roosevelt

 

 

Don't lie, thieve, cheat or steal. The Government do not like the competition.

 

 

All advice is offered without prejudice.

We are being sued for Libel. Please help us by donating

 

Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

 

http://petitions.pm.gov.uk/gordan-brown/

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Guest louis wu
What I would like to know is do I take this amount and cancel my court claim of the £2225.00 or do I let it run its course?

 

I think this is the point that Laini wants clarifying James.

 

Please could you offer some advice on how you would deal with this situation?

 

 

You say theres more on the way

 

with a big smile on your face

 

This doesn't make any sense and I don't think this is any help to Laini. If you dont think the offer should be rejected, then please offer a viable alternative, as all you have done so far is offer an unsubstantiative opinion with nothing to back it up. I am sure you would not like the OP to make a mistake, so please elaborate.

 

Louis

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I take it this is a Lloyds claim ?

Am just awaiting clarification on the latest advice on how to address this.I am aware on what the procedure is but want to be sure that it is still the case.

Things are changing by the day and therefore its a case of checking up to date guidance.

Will report back here soon.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thank you all for your help, It is Lloyds yes, I think I will send the letter No 5 Louis - thanks for this, they only have until the 19th to answer to the court claim and if not I think I can claim it all by judgement????? hopefully but I think the amount they have dposited in bank may ruin my chances!!!! Hope NOt !!

Watch this space, thankns again

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Hi

 

Nightmare - today is the 14th day and Lloyds have made a defence to my claimonline, it is now going to go to the small claims court. What do I do now ??? Please help, shall I cancel my claim and accept what they have given me or shall I go all the way?

 

Thanks, Lianne

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Guest louis wu

Lianne, dont panic, they alwyas defend

 

You need to go back to the step-by-step instructions to look up the next bit, but the basics are this.

 

The court will write to you in due course with a set of instructions. All you do is follow them to the letter. If unsure post them here and get help.

 

This is perfectly normal, and I've gone through it loads of times now.

 

Read what I suggested and a few Lloyds threads and get ready for the next stage.

 

Louis

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Hello. i,m new to the forum.

I wonder if anyone can pease give me some advice.

 

I wrote to my local branch of the Halifax asking them to please send me statements going back six years.

I enclosed a cheque for £10 to cover admin costs,however,the letter arrived on the 16th April and was sent recorded delivery and signed for.

So next Fri 25th May,it will be 40 days since they recieved my request.

They have not cashed my cheque,have not sent me any confirmation of recieving my letter or what they are doing about it,but have been extremely quick in sending me a letter to tell me due to interest rates going up,so is my mortgage payments.

Do i go back to the Halifax after the 40 days and ask what is going on?

Do i compile another letter?

Is this common on your website,that people have been ignored?

Thankyou for any advice you can give me

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Hello. i,m new to the forum.

I wonder if anyone can pease give me some advice.

 

I wrote to my local branch of the Halifax asking them to please send me statements going back six years.

I enclosed a cheque for £10 to cover admin costs,however,the letter arrived on the 16th April and was sent recorded delivery and signed for.

So next Fri 25th May,it will be 40 days since they recieved my request.

They have not cashed my cheque,have not sent me any confirmation of recieving my letter or what they are doing about it,but have been extremely quick in sending me a letter to tell me due to interest rates going up,so is my mortgage payments.

Do i go back to the Halifax after the 40 days and ask what is going on?

Do i compile another letter?

Is this common on your website,that people have been ignored?

Thankyou for any advice you can give me

 

 

Hi you need to start a thread in the Halifax forum, this link will explain what steps to take.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Liani I have moved your thread to the Lloyds forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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You need to go back to the step-by-step instructions to look up the next bit, but the basics are this.

 

The court will write to you in due course with a set of instructions. All you do is follow them to the letter. If unsure post them here and get help.

 

This is perfectly normal, and I've gone through it loads of times now.

 

Read what I suggested and a few Lloyds threads and get ready for the next stage.

 

Louis

 

Hi Louis,

 

Please could you help as i DON'T KNOW WHERE to go to find your suggestions and the Lloyds threads - sorry I am new to this ??

 

Thanks, Lianne

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Guest louis wu

hi, this is what you need to read

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

and

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

and the Lloyds forum is here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/

 

you can start a new thread using this

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=11

 

Happy reading

 

Louis

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Hi Louis,

 

 

I have today received a notice of transfer to my local court, it states however that

Without hearing

 

It is ordered that

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise

 

What does this mean - have I blow my chances withnot sending paperwork - schedule??

 

Attached to this is the defence counterclaim which they are disputing full amount claimed, they go on to say i have entered into a commercial agreement when opening account and so on charges are fair and reasonable.

 

I don't know what to do now - someone please help!!!!elp

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I have today received a notice of transfer to my local court, it states however that

Without hearing

 

It is ordered that

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise

 

What does this mean - have I blow my chances withnot sending paperwork - schedule??

 

Attached to this is the defence counterclaim which they are disputing full amount claimed, they go on to say i have entered into a commercial agreement when opening account and so on charges are fair and reasonable.

 

I don't know what to do now - someone please help!!!!

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Dispensing with the AQ is normal practice. It speeds the process up a bit.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory,

What do I do ? Sit and wait for next letter, as reading their defence it sounds like I don't stand a chance of re claiming anything back - gutted.....I have not submitted schedule to court or mcol only to the bank?

Thanks

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Is it the same as this defence?

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

 

Probably will be the same, nothing to be concerned about. Nothing to be concerned about.

 

I presume you filed on line, therefore send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed as below:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

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

Your faithfully

 

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

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Fabulous, thanks it is very similar yo that defence but with the followin

 

9. Further, insofar as part of the Claimants claim is based on charges levied on her account prior to six years from the date of issue of her claim, that is 30/04/01, this part of the claim is statute barred by Section 5 of the Limitation Act 1980. The Defendant is unable to verify the amount claimed prior the the 30/04/01 as the Particulars of Claim does not show how the amount is arrived at.

10. The Claimants claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed for or any to any sum from the bank.

 

Way over my head now!!! Might just give up as I find it far too complicated now, is it not to late to send anything to mcol as they have transferred?

 

Thanks

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Do not worry, they started adding in that paragraph as standard shortly after the date of my defence.

 

Send schedule to the court the claim has been transferred to. It is not too late.

 

You are not allowed to give up.

 

It is sad, but it is all about intimidation with the banks, read some threads from here and you will feel more positive:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

 

We will help you, I repeat giving up is not an option.

If I have been helpful please click on my star and add a comment.

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Guest louis wu

Dont worry, the AQ is not always used. If the district judge wants to use one he/she will let you know.

 

As to the counterclaim, I'm not sure you have the terminology correct. Lloyds will defend, as is their right, but a counterclaim is where someone is claiming something back from you, which doesn't sound like it's the case here.

 

Just wait for the next set of instructions, and as before, follow them. Any problems post here and get some help.

 

Louis

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