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Taking on LloydsTSB


darylnaylor
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Hi there

 

I am getting concerned about my ongoing case against LloydsTSB. I received a letter a couple of weeks ago from the HMCS saying that Lloyds had until the 19th May to respond to my claim of around £2500 bank charges, including a fews days to allow for postage. Today is the 19th and I have heard nothing from Lloyds or HMCS, at which point I thought I had won by default.

 

I then went onto the MCOL website, and realising I could check the status of the claim online, found that on 30th April Lloyds actually disputed the full amount of the claim. On reading up on this, the MCOL website says:

 

"If the defendant disputes the full amount of the claim, he will complete a defence. The defendant can complete and submit the defence online, or by filling out the defence form in the claim pack and sending it by post or fax to the court.

 

 

The defendant should complete and submit his defence within 14 days of the date of service of the claim, unless an acknowledgement of service was filed, in which case he should respond within 28 days from the date of service.

 

 

The defendant must state which allegations in the claim he denies and the reasons for doing so. If he fails to deny an allegation it may be taken that he admits it. Before submitting a defence the defendant will be required to complete a statement of truth.

 

 

If the defendant files a defence and the defendant is an individual, the case will be transferred to the defendant´s home court. Where the defendant is not an individual (ie: the defendant is a business), the case will be transferred to your or your representative´s home court. This means that your claim will no longer be handled by the MCOL system.

MCOL will send you a Notice of Transfer, an allocation questionnaire, and where the amount claimed exceeds £1,500 a request for the allocation questionnaire fee. The allocation questionnaire will help the judge decide how the case should proceed. Most claims for £5,000 or less are dealt with in what is called the ´small claims track´. Claims of more than £5,000 are generally dealt with differently, either in the ´fast track´ or ´multi track´."

 

 

 

Now I'm confused as to what to do. I have received nothing since the letter advising of the last date for the bank to respond of 19th May, where is the pack I'm supposed to receive, am I supposed to be given a court date? Also, I'm going away next wednesday for a couple of weeks - what happens if a time sensitive document arrives whilst I am away and I miss a date by which I need to respond.

 

 

 

Any help gratefully accepted.

Thanks

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Hi there

 

I am getting concerned about my ongoing case against Lloyds TSB. I received a letter a couple of weeks ago from the HMCS saying that Lloyds had until the 19th May to respond to my claim of around £2500 bank charges, including a fews days to allow for postage. Today is the 19th and I have heard nothing from Lloyds or HMCS, at which point I thought I had won by default.

 

I then went onto the MCOL website, and realising I could check the status of the claim online, found that on 30th April Lloyds actually disputed the full amount of the claim. On reading up on this, the MCOL website says:

 

"If the defendant disputes the full amount of the claim, he will complete a defence. The defendant can complete and submit the defence online, or by filling out the defence form in the claim pack and sending it by post or fax to the court.

 

 

The defendant should complete and submit his defence within 14 days of the date of service of the claim, unless an acknowledgement of service was filed, in which case he should respond within 28 days from the date of service.

 

 

The defendant must state which allegations in the claim he denies and the reasons for doing so. If he fails to deny an allegation it may be taken that he admits it. Before submitting a defence the defendant will be required to complete a statement of truth.

 

 

If the defendant files a defence and the defendant is an individual, the case will be transferred to the defendant´s home court. Where the defendant is not an individual (ie: the defendant is a business), the case will be transferred to your or your representative´s home court. This means that your claim will no longer be handled by the MCOL system.

MCOL will send you a Notice of Transfer, an allocation questionnaire, and where the amount claimed exceeds £1,500 a request for the allocation questionnaire fee. The allocation questionnaire will help the judge decide how the case should proceed. Most claims for £5,000 or less are dealt with in what is called the ´small claims track´. Claims of more than £5,000 are generally dealt with differently, either in the ´fast track´ or ´multi track´."

 

 

 

Now I'm confused as to what to do. I have received nothing since the letter advising of the last date for the bank to respond of 19th May, where is the pack I'm supposed to receive, am I supposed to be given a court date? Also, I'm going away next wednesday for a couple of weeks - what happens if a time sensitive document arrives whilst I am away and I miss a date by which I need to respond.

 

 

 

Any help gratefully accepted.

Thanks

 

This is pretty standard, please read this link it will explain all.

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

 

I have been reading some of the threads today, and consequently becoming more concerned about my own case. I filled in the online form for MCOL about 3 weeks ago, but there was nowhere to attach the details of the charges, or, as far as I could tell, no request to send these details separately in a printed document. I read somewhere today that I should have sent the specific details of the charges as soon as I filled in the online form. Is this true? Have I now messed up my claim?

 

I see on the MCOL website that on 30th April LloydsTSB disputed the claim, but I've not heard anything since. Should I now be expecting something else in the post? I'm going to be away for the next couple of weeks and won't be able to send back any time-sensitive documents.

 

GaryH, could you advise please?

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Thanks for that. Actually, this was one of things I read and which made me question whether I should have sent details of the specific charges separate to my online claim... any ideas?

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No, you certainly have not messed up your claim.

 

Did you use the correct template as your MCOL particulars of claim? If so its highly unlikely that the bank will object in their defence. Its favourable to send a schedule, but it doesn't put your claim at risk if you don't.

 

Have they actually filed a defence now then, or just an acknowledgement still? Ring the court and ask if your not sure.

 

The defence will be a 9 point one probably, which is the standard "service charge" nonsense. If its different then let us know.

 

Also, I moved the posts from the other thread to your own, so as not to hijack someone elses. Stick to this one for updates and any questions, etc from now on. Cheers.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Excellent, cheers. New here so still learning the ropes.

 

I used the template provided, so now confident everything is going ok, thanks.

 

I have not received anything from the bank or the court saying the defence has been filed, the only way I know is having looked at the status of my claim online. I guess I will receive something concrete through teh post soon. My otehr worry was that I am going to be away for the next 2 weeks - am I likely to receive anything that I need to return within a short period of time that I might miss??

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Hi

You will then receive a copy of their defence shortly 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 receive an AQ, read this:

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

 

So if you do receive an AQ, I think you have a couple of weeks to get it back, so I can't see any problems if you are away.

Barty:)

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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So if you do receive an AQ, I think you have a couple of weeks to get it back, so I can't see any problems if you are away.

Yes, I agree. Even if the AQ came tomorrow (which it won't obviously becouse they haven't defended yet) then you'd have 2 weeks to return it so it should'nt be a problem for you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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