Bank Charges ***WON***

[Liani]

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.

 

Thanks for this, I have send the schedule along with your template to mcol and to the court it has been transferred to today, what will happen next?

 

You ared a star - thanks for helping and I will not give up if there is a slight chance of winning.

Lianne

[GuidoT]

Send the schedule to where it has been transferred to, if you have sent to Northampton then send again.

 

For next stage read here:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

There is a good prospect of being successful.

[jshtr3]

GuidoT, I know you have some knowledege of CPR. Could you have a look at this thread please http://www.consumeractiongroup.co.uk/forum/lloyds-bank/94554-do-i-ask-default.html

[mumof4by1996]

can you add in any charges that have been taken since Letter before action?

[tjinuk]

Hi

 

Im pretty new to all this myself but you can add charges up to the point of filing with court..hope that helps...

Tracie

[GuidoT]

You can add all charges right up to the date of filing at court even if not included in your prelim or LBA. Once filed becomes more difficult.

[sabrina1041]

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

Hi,

Regards to this defence I have my charges start from 1/4/2001 and have 3 charges that occur before the stated period. Can anyone advise me whether I should leave these in or do I now remove them and ammend my schedule?? If I do remove my schedule do I have to file for an ammendment and do I have to do this with Northamptonshire or with my local court where my case has just been transferred?? Help!!

[Liani]

Send the schedule to where it has been transferred to, if you have sent to Northampton then send again.

 

For next stage read here:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

There is a good prospect of being successful.

 

Hi

Thanks for this, I posted it yesterday but I have not used / sent the form suggested in the thread above? Shall I send this still or will my schedule be sufficient?

Do I send a schedule to the banks solicitors?

Thanks

Lianne

[Liani]

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

 

 

Oh no Louis,

 

i have received a letter from the court today

Allocation Hearing on July 23rd - What does this mean ???

 

Thanks

[BARTY]

Hi

Have a read of this:

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

Good luck, let us know how you get on.

Barty:)

[Liani]

I have an allocation hearin next month - I am terrified !!!

I went over the six years by a few months - I have been refunded some but not all of my claim

What do I do ? I have posted a copy of schedul of charges to he court but thats it as I never really researched as I thought I would receive the charges back no probs like others have?????

Please help, do I need to take anything with me - Will I lose?

 

Thanks

[Pen]

Hi lani, found you at last.

 

You need a mod to combine both of your threads in to one as members are only getting half the picture as you have 2 separate issue going on with the same claim.

 

can someone combine Lianis threads please., plus the ones in "Stan-Lloyd's, I'VE WON"

 

Then first off send the schedual of chargers to SCM asap you have said you sent one to the courts great but! it's really important that you send a copy to SC&M asap, what interest are you claiming CI or 8% if 8% thats fine it's just there are other issue you would need to be a were of if you are claiming CI. The chargers pre 6 years, have you got the statements for these? if so thats fine but may i suggest you read the thread "claiming beyound 6 years" by bankfodder that should give you some idea of the issue involved

 

From what i can see you are doing everything ok at the moment so don't worry too much. You no longer have to bother with the AQ so forget about that, you have excepted the £750 as part payment have you sent letters to both court and SCM informing them of this the letters you need to send are in the template libary and you are going to send SCM a copy of your schedul so far so good.

 

You have said your court date is on the 23rd July for a allocation hearing, sorry have i got that wrong. the 23rd is a Saterday. What court is your claim being heard at.

 

OK so now you have a court date you need to follow the link provided above by Barty make sure you are ok with it all as it's quite a big link but everything you will need to know about the court stage and the bundle will be there for you and if need keep posting you questioner here only use the one thread so we know what is happening. don't worry the members on here are very good and will help you all the way so you are not on your own.

 

You do not need to prepair the bunle for the allocation hearing, this hearing only lasts about 10mins and hopfully SCM will pay up just before then but if not carry on as if you are prepairing for a full hearing.

 

Can I also suggest that you start reading up on what you need for your court bundle hopefully SCM will have payed out before the hearing but you will need to get your head around whats needs to be included init.

 

Good Luck and I hope one of the mods combines them all for you.

 

Pen

[Liani]

Thanks Pen,

 

I have not sent the acceptance letter to the court - I did send it to the bank themselves, shall I send again to court and their solicitors? What about schedule of charges?

[Pen]

Hi liani.

Yes you should send a copy of the letter to the solicitors and the court. keep one for your bundle.

 

As to the schedule of chargers you MUST send a copy to the solicitors as well as the court. again keep a copy for yourself.

 

You did not say whether you are claiming CI or the 8% the only reason i ask is that most although not all claimants who are claiming the statutory 8% normally receive a offer a couple of days before the hearing date whereas with CI it could go the whole way.

 

Hope this helps, did you recheck the court date? and where is it being held

[GuidoT]

Nothing can be won or lost at an allocation hearing, see here further details:

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

 

Do not be too concerned, unlikely Lloyds will appear.

[mumof4by1996]

Allocation hearing, prelim hearing, how many hearing are there? and are you expected to attend all of them?

[GuidoT]

Usually a maximum of 2, allocation or prelim hearing are the same, usually only have one other hearing, i.e. the main one.

 

It is not essential to attend the prelim or the main providing you inform the courts in writing in advance first (the order / directions will tell you specifically somewhere about this). I would recommend that you do attend the main hearing though.

[Liani]

Thanks very much for that - do I need to send schedule or anything to solicitors - what about the letter accepting part payment?

 

Thanks

[Liani]

Hi Pen

 

You are a star, I will send everything today (schedule to solicitors and acceptance letter) The % I am receiving ?? I did it on the calculator online it worked it out for me - Sorry I am really not very good am I?

 

Court date is 23rd July - South Shields County Court. Tyne & Wear

[Pen]

Yes you are, you have gotten this far and you will see it through to the end.

Well Done You.

 

Good Luck

[Liani]

Yes you are, you have gotten this far and you will see it through to the end.

Well Done You.

 

Good Luck

 

Thanks a lot, you too!!!

 

Speak soon, do I need to take anything with me to the allocation hearing? What should my bundle consist of and when will I need this?

Thanks Again

Lianne:)

[Pen]

Don't think you need the bundle for a allocation hearing, as it's prety straight forward and LTSB hardly ever turn up, saying that I would still go prepaired, don't give them an inch, have you read this GOT A COURT DATE? A guide to the later stages all the details you will need are there.

[Wilks 77]

Hi Liani,

 

You asked a similar question on another thread today about what to take to a prelim / allocation hearing. Have a look at the link above with Pen's post, which is the same as the link I posted for you on Broke Dave's thread.

 

I have sent a draft or for directions staight to the court and also a copy to ****. This lets them know that I sort of know what I'm doing and also that I am doing the research. Have a look at the thread. I am a stage in front of you with one claim settling bfore the prelim and the second in the prelim at the end of the month.

 

Keep going, you can do it.

[Liani]

Sorry Wilks I realise I keep repeating myself but I really don't understand what to do next. I have looked at the link in Pens post and the draft or directions and as it states

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

In c and d - I don't know where to get this info from? I have already done a and b, shall I do them again with this draft?

 

Sorry if I am going on a bit?

Thanks for any help

 

Lianne

[Pen]

Hi Liani, read Darlings1 takes on TSB won page 4 or 5, she had a prelim hearing, so all the advice she was given is relevant. you will have to read it I'm afraid. but it's well worth reading anyway.

shout if you still need us.