adamski V lloyds ***SETTLED IN FULL***

[brecken]

Dam, Bug*er and Sh*t, doesnt that just Pi*s ya off, these people should be made to pay for waisting the courts time never mind yours.

 

AQ will arrive soon, fill it in and send straight back.

Good Luck.

Brecken.

[cathrionas]

No real surprises Adamski, The same thing happened to me. Dont be too disappointed.

Cat

[adamski]

No im not i know its near the end of a 4 month journey, hopefully get some news in the post tommorrow

[adamski]

Hi All

Go Lloyds defence today and i must say i am for the first time slightly worried.

Here it is with the bits that worry me bearing im mind i use the POC advice from the FAQs

I also received the AQ attached to the defence

3. Defence

1. All Standard stuff

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

3. The Particulars of Claim do not comply with the Civil Procedure Rules as (amongst other things) they do not show how the sum of £2,388.16 is arrived at and the Particulars of Claim show no reasonable grounds for bringing this claim.

4. The Claimant should, therefore, be ordered to file and serve an amended claim to set out the basis in law and fact for his claim as there is no pleaded basis for the claim itself. The Claimant should give full Particulars of the charges he is seeking to recover , identifying each charge, the date and amount of the charge and why the Claimant in each case he alleges it is a disproportionate penalty and thus unlawful.

5. The Defendent should then be given the opportunity to defend proceedings further.

The rest is all standard stuff but i have never seen this before, maybe i have not looked hard enough.

My POCs where

Claimant has account xxxxxxxxx with

Defendant from Jan 1994 conducted

on their standard terms and conditions.

Claimant is claiming the return of £2191

taken by Defendant in

charges over 5 years. The Defendant's

charges are a disproportionate penalty and

therefore unenforceable as they are

contrary to common law. They are also

invalid under the Unfair Contracts Terms

Act 1977 s.4 and under the Unfair Terms in

Consumer Contracts Regulations 1999.Para.8

and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from 02/12/2002

to 10/08/2006 of £197.16.

Can anyone see if i have done wrong or is this just scare tactics?

Any help please!

Regards

adamski:eek:

[cathrionas]

erm - the cheekey so and sos!!!! If you haven't sent the court a copy of the schedule of charges, it might be an idea to do so now and copy one to the solicitors but DONT you worry, unless I am missing something they are just trying to manipulate you. The onus is on them to defend themselves (their client) - NOT you to defend yourself. I am no genius but I cant believe what I think they are trying to pull - it almost seems funny to me so I hope I am right.

Proceed to court.

Bye for now,

Cat

[cathrionas]

and as someone said in another thread - it is up to the court and not the bank to say if your claim is valid or not.

C

[miss_squeezy77]

Hi Adamski

 

Just wanted to say keep your head! Have read similar 'defence' from lloyds on another thread (sorry, can't remember which one) - as cathrionas has said, make sure you get a copy of your schedule of charges to the court and solicitor, this will cover point 3 of their laughable 'defence'. It all stinks of delaying tactics... I'm sure you'll soon be adding your claim to the refund survey on this site. I'm a couple of stages behind you in this process - will be keeping everything crossed for you.

 

All the best

A

[adamski]

Thanks ladies, i needed that!

Have filled in questionarie with renewed vigor! will post tommorrow with fee and a copy to solicitors with schedule of charges recorded delivery of course.

I can't see why the solicitors seeing as they are in the same building in Brighton cant pop next door to get a copy of my schedule of charges of which i have sent two of them!!.

Im sure the courts will take a dim view of it if it gets that far.

The moree i read their defence the more it just stinks its has leaks all over it.

Keep u posted and thanks again Miss Squeezy and Cathrionas for your words of encouragement.

Regards

adamski

[vckyjam]

Adam- I thought they might do something like this. I emailed moneyclaim( at northhampton court) with a list of bank charges. I am yet to here from them, but i know someone who did the same thing, and moneyclaim accepted the docs and attached to their claim.

 

Maybe a thought!

 

Im sending my aq tomorrow. Good luck (if you want to email them,i put the link somewhere in my threds.)

 

 

Vicky xx

[reload]

Hi Adamski,

 

Mollymoo had the exact same defense from SCM on behalf of Lloyds.

 

It looks as though they're keeping an eye out for any claim that does not include a schedule of charges - IE: claims entered through Moneyclaim online, and entering this defense as a stalling tactic.

 

I did write up a nice long letter for Mollymoo to send to the courts along with a copy of her schedule of charges, but to be honest it's not entirely necessary - as Cat has advised, just send a copy along with the AQ, and perhaps a brief covering note. You may also want to drop a note to the courts informing the judge that Lloyds have already had copies of your schedule of charges in the first two letters you sent them.

[mb7533]

Hi adamski,

 

I had EXACTLY the same response as you from SCM (typed it out in my thread if you want to check it out) not more than a couple of weeks ago. Seems they put in the extra stuff when its a MCOL on accont of the limited space and the fact theres no where to attach the schedule of charges.

 

Luckily I'd seen this defence on someone elses thread so as soon as I found out it was SCM defending I fired across another schedule to them to be on the safe side (which I copied to the court).

 

When I received the defence I panicked as well but did exactly as reload said and fired off a letter stating that between Lloyds and SCM they had now had four schedules of charges all of which were sent before the defence was entered.

 

Allocations due back on Monday then will be crossing my fingures and toes!

 

Matt

[sean1]

Hi,

 

I've have read about your progress to date and feel a bit more confident after reading that you have had similar experiences with Lloyds.

 

I've have done a similar thing when I filled out my moneyclaim online and did not attach the details of how I arrived at the £1000 that I am claiming. Lloyds launched their defense a few days later stating that I should be made to resubmit my claim.

 

I'm now not sure what to do - do I ring money claim and request the amendment forms or can I simply send of a copy to all parties?

 

I'm also a little worried as I have received the AQ and have to return it by the 9th Oct and if it does go all the way I'm not sure how to present my case.

 

Can you offer any advise?

 

Regards

Sean.

[adamski]

Hi All

A question from me

Who do i make a cheque payable to when sending back my AQ questionaire?

Can i pay any other way apart from a cheque?

 

Sean

I would read Reloads response to my question send a copy of your scehdule of charges to court where your case is to be heard and a copy to the solicitors.

Things have slowed up for me because my wife and i have a 2 week old baby called Harry who is great, my second son, and this has taken up all my time apart from some snatched moments.

I will be returning AQ and copys of my charges to solicitors and Court Friday. pay day! and the access to a printer!

I am concerned though after reading this thread

http://www.consumeractiongroup.co.uk/forum/other-institutions/9085-citi-cards-request-repayment-5.html

As i have a a moneyclaim at the moment against them, i hope this is not the shape of things to come!!

Regards

adamski

[sean1]

Hi Adamski,

 

Congratulations to you and your wife on the birth of your son, it's my son's 17th birthday on sunday - can't beleive that he's grown up so fast.

 

Thanks for your reply to my post, I will read Reloads response to your question .

 

I am in the process of filling out my AQ and will send it with the information that I omitted the first time and also a copy to the solicitor. I purchased the Small Claims lawpack hoping to get a better understanding of what to do and how, but I think this website is better. I'm a little confused about the fee for the small claims court, I have already paid out £80.00 to moneyclaim, do I also have to pay £100.00 to the court when I return the AQ?

 

Regards

Sean

[mb7533]

Hi sean,

 

I beleive the 100 pounds is only payable if your claim exceeds 1500. My claim was fractionally over and so was forced to pay it, which on relection if I'd have done my homework when I sent of my claim I would have ommitted a couple of charges to bring it under the 1500 and saved myself the pain of parting with the cash!

 

Matt

[vckyjam]

Hi All

A question from me

Who do i make a cheque payable to when sending back my AQ questionaire?

Can i pay any other way apart from a cheque?

 

Sean

I would read Reloads response to my question send a copy of your scehdule of charges to court where your case is to be heard and a copy to the solicitors.

Things have slowed up for me because my wife and i have a 2 week old baby called Harry who is great, my second son, and this has taken up all my time apart from some snatched moments.

I will be returning AQ and copys of my charges to solicitors and Court Friday. pay day! and the access to a printer!

I am concerned though after reading this thread

http://www.consumeractiongroup.co.uk/forum/other-institutions/9085-citi-

As i have a a moneyclaim at the moment against them, i hope this is not the shape of things to come!!

Regards

adamski

 

 

Hi adam- i thought the same - in the end i had to pay by postal order and i made it payable to the county court! i bet this is wrong tho- so im expecting them to write to me and tell me so- i will keep you informed.

 

 

Vicky

[vckyjam]

oh by the way i think its only by chq cash or postal order- they would not take a card payment....BAH

[sean1]

Hi Matt,

 

Thanks for that - wasn't sure.

 

I have just completed my AQ ready to send off but not quite sure how much detail to include in 'Other information', can you help?

 

Cheers

Sean

[adamski]

Just put

"I believe the case will last no longer than one hour"

Regards

adamski

[Zedwoo]

Aye, that's what I put in section G. Then attached a copy of my shedule of charges.

 

Good luck matey.

[sean1]

Thanks Zedwoo.

 

Is it worthwhile sending a copy of the AQ to the bank and their solicitors or just back to the court?

 

Sorry to seem like an idiot but haven't come across the answer so far with what I have read on the forum.

 

Cheers

[Zedwoo]

I delivered by hand my AQ to the courts only. Other people have sent more than one copy but it's not necessary.

[jonni2bad]

...I have just completed my AQ ready to send off but not quite sure how much detail to include in 'Other information', can you help?....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[freebird]

I handed my AQ to the court and sent a copy to the banks, solicitor sechiari, etc.,

Freebird......

[sean1]

Thanks.

 

I have sent my AQ off today with a copy of my schedule of charges which I omitted when I filed through MCOL and also a break down of bank charges being claimed.

I also sent a copy of my schedule of charges to their solicitors as well.

 

Getting very nervous now.

 

Sean.