HELP ME.WHAT NOW (lee v lloyds)

[littlemanwins]

HiClaim served on lloyds....paid £35.00 to amend particulars as not happy with claim. Did it wrong basically, was unsure re totals and wording etc... so amended it.However just found out today that amendment been sent back has too many words & lines on "particulars of claim". Truth is they wasnt, I stuck to wording off this site. They said it was because I included a list of charges which sent me well over the amount of word allowed etc....Im really worried. They said Lloyds have filed defence today based on orig claim. Also that its been transferred to my local court.I phoned my local court and they said I can still go ahead and amend etc once I get paperwork eg allocation questionaire etc....Im just totally lost.The account I have is -690. Lloyds tsb made a huge error on my mortgage which has left me in debt with them ever since. I just want justice to pay them off once and for all.Im claiming nearly 1500.Im worried sick. Shall I pull out.....I dont know what to do with paper work etc and am even more worried re the decision in Brum today. I dont want to be on the 9 o clock news.....!Pleas help me...Lee

[Guest ChloeJane]

Hi All,

 

Everyone in this forum will now be very unsure.

 

It might be worth reading this.

 

http://www.consumeractiongroup.co.uk/forum/nationwide/90366-have-banks-just-case.html

 

As for ammending your claim. Wait till the allocation questionaire is back and you have a copy of their defence before you do anymore. Their defence will raise points of issue showing clearly what may or may not need to be changed, so hold tight till the court is in touch with you.

 

I realise that after the ruling today you will be unsure, but please do not doubt the process.

 

CJ

[littlemanwins]

Thanks Chloe

 

Still worried though. Dont know if claimed right amount as lloyds didnt send me statements, just lists of charges and od interest. some seem to even be duplicated unless various charges on same day for multiple dd;s failing.

 

Can I change everything on an AQ?

 

Thanks for helping me..

[Guest ChloeJane]

Hi again,

 

When you say you were not happy with the claim, I am unsure what part you would want to ammend.

 

If Lloyds sent you a list of charges etc, this should be fine to use in that as long as it states the date, the amount and the reference to what the charge is.

 

Let me know why it is you would want to ammend your claim - as in did you follow the template on the site here?

 

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

 

If not sit tight till the court send the Allocation Questionaire or you receive their defence. Then we can go forward knowing what the issue is as their defence will raise it if there is one.

 

It is a stressful time when newly allocated to your local court as you become unsure of what to expect. The details of your claim we can ammend and nothing is not fixable - thats why the civil procedure books are about 7,000 pages in instruction.

 

Sit tight! Wait for their defence. Then I will be happy to go through it all with you and sort out the issues so you are confident.

 

CJ

[littlemanwins]

Oh and if i can amend it. What is an AQ exactly? What other paperwork do I need. And what is involved in a court bundle. Dont want to turn up ill prepared.

 

Firstly though, how will I amend my clainm as my particulars are totyally wrong. They will just laugh at me, but as mentioned earlier, my amendment wasn't accepted also.....stuck...

[littlemanwins]

Chloe

 

Thanks so much. I have a feeling im gonna be next on news, this is what I have done.

 

I paid for court process without really looking at wording advised on this site. I was a little naive.

 

Under particulars of claim I wrote" To reclaim unlawful bank charges amounting to ????? as they are unlawful at common law. This includes od interest of ?????. I also aim to re-claim costs.

 

Having realised my error, I was advised by court to pay for an amendment. This is were I had to complete another form N1 particulars of claim in my own handwriting. I did this and put in the particulars the correct legal terms and details. I sent this back with 35.00 but also enclosed a list of my charges. They are saying they did not accept it as too many lines and words etc.....

 

I also had to change the wording of my claim from Lloyds tsb to LLoyds TSB Bank PLC. (so may be that matters, as they can state different company)??

 

Some of my charges seem to be duplicated so I have no idea if they are or in fact I am claiming too much.......(as no statements were sent).

 

I hope this helps. Wish I could start fresh!

 

Lee

[Guest ChloeJane]

Hi there,

 

You can start afresh if this is what you choose, but I do believe for now, it can all be rectified.

 

When it is transferred to the local court - we can send in an application form to the court on an N244 with a change of details to make it clearer and ammend as needed. This will cost you £35 but will be well worth it.

 

If you want to start afresh you can do so by ending the claim, however at this stage, it would be a waste as it is just as simple to be able to ammend what you have begun.

 

What I would suggest - is that you follow the template from here and send off for your statements and details again from the bank to be sure. You have not indicated if this is what they have actually given you, or where you got your information from with the charges etc and the last thing you want is them challenging over amounts if you have guessed or doubled them not being sure.

 

So.................as the courts are taking some time to give dates etc and your claim has only just been transferred send off the S.A.R - (Subject Access Request) now - link here-

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-r-subject-access.html#post811212

 

Follow the process. You should have the information back within 40days which is well before too much will happen and we can start back at basics, ensure the charges are right and get it all back on track.

 

Give the bank a call - just on the offchance they will speed up the process of supplying the data - try and get an email address or contact to call back. Just need to be diligent with making sure they do send them and quickly.

 

Worst case scenario - you abandon and begin again, but not just yet! Lets try and fix what has been done.

 

You will be fine honest!! Just please - follow the step above and make sure the SAR goes off again!

 

CJ

[littlemanwins]

Chloe, I did do a subject access request. They replied by sending me printouts of just charges but they seem high. I cant check as to whether or not they are duplicated as NO STATEMENTS!! For example 1.2.05 35.00 debited 3 times on same date!!! It may have been for 3 missed dd's, i dont know?

 

Just seems duplicate charges. Also my claim has just been transferred to HULL, so will have a date soon here I'm sure. If my adding up is too wrong, surely it is up to them to work out correct charges a make an offer, afterall they have all the correct information, dont they?

 

So, if my claim is too much in court, will they strike it out or negotiate?

 

Could also do with step by step instructions on what documentation I need for court bundle.

 

Thanks for help

 

Lee

[BARTY]

Hi

Have a read of these links:

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

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Good luck, let us know how you get on.

Barty:)

 

 

[caro]

Lee, I've also just received a list of charges from Lloyds, but if you read the accompanying letter it says to let them know if you still want them to send the statements. You could tell them that you still want them.

 

You could always do a second claim when you have finished this one if you later find you didn't claim everything you should have.

 

Don't worry about Lloyds winning one case under very dubious circumstances, just concentrate on thinking of the thousands of cases they lost, and if you don't believe me, then read this.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90521-lloyds-victory-birmingham-perspective.html

[lateralus]

just catching up with the hull peeps.....

here's a little list of what goes into the court bundle that might help - first two are easy (when you get you statements) and third is pretty easy - don't assume their defence is service charge - it might be the other one - i just know hsbc - ask caro. but this has the links for you to help you out.

 

 

a) your schedule of charges.

b) your statements showing the charges. Alternatively, the list of charges which the bank provided under your S.A.R (subject Access Request) (only send the statements with charges on them.)

c) A Statement of Evidence: (post 55 in the new strategy): New strategy for Allocation Questionaires note here: hsbc uses the service charge defence - so use the first letter in post 55 d) All the statutes and decided cases on which your claim relies. ie, UTCCR's, UCTA's, SOGA, case law, etc. For this, I'd just submit the whole of the Basic Court Bundle.

This whole thing runs to around 200 pages and should be done in triplicate: one copy for you, one for the court and one for dg – that’s 600 pages of copying – LEAVE IT UNTIL YOU KNOW FOR SURE YOU NEED IT. If an offer comes in from DG and is accepted you wouldn’t need it. Really leave it until you have to do it to meet the deadline set by the court!

good luck - i'll pop back in a couple of days to see how you are getting on - if you get a court date - i'll be there with a pinky outfit so you'll know me!