jasovercharged V Lloyds Tsb

[jasovercharged.]

Hello to all fellow claimers,

This is my first thread. as i was redirected by hagenuk to the Lloyds forum.

 

So far I have used the templates from moneysavingexpert.com and received the usual response letters from Lloyds Tsb.

I am now at the stage where i have issued my claim with money claim online 13/05/07 for £4499.79 and am awaiting Lloyds response, which they have until 02/06/07 to do so.

 

It is at this point that nerves and self doubt are creeping in.

If anyone has any tips or advice as to what I should expect or need from here on in, I would be releived to receive them

 

regards,

jasoverchargedl

[BARTY]

Hi & Welcome!

Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence. You will then receive a copy of their defence 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 get an AQ, read this:

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

 

Good luck, let us know how you get on, and if you have any questions, just ask.

Barty:)

[jasovercharged.]

thanks for your help barty, there is hope!

[jasovercharged.]

sorry for the slow update but i have been layed up for a couple of weeks with a back injury so here goes

 

After sending S.A.R - (Subject Access Request) , prelim approach for payment, LBA and getting the usual response letters from lloyds i filed my claim as follows

 

15/05/07 filed claim with MCOL

01/06/07 received £750 full and final offer letter (dated 25-05-07)

checked my account and the£750 had been credited already!

01/06/07 checked MCOL, acknowledgement of service filed by lloyds

03/06/07 sent lloyds thanks but no thanks to offer but will accept as part payment of total claim as per template letter

05/06/07 received letter from northampton courts with aknowledgement of service intending to defend all of this claim.

08/06/07 checked MCOL and it now states defence dated 14/05/07 where it formerly had acknowledgement dated 01/06/07

is this normal procedure ?

does anyone know what my next step should be ?

I have printed off the basic court bundle, OFT statement and the early day motion, is there anything else which is needed ?

any and all information would be gratefully received as like many who are going through this process the nerves are starting to kick in and certainly the self doubt

regards to all

jasovercharged (overstressed a well)

[jasovercharged.]

LATEST UPDATE

Today i received a notice of transfer from northampton county court to warrington county court. the transfer letter states that the AQ has been dispensed with and also included a ten point defence from lloyds.

point ten stating that the defendant paid me the princely sum of £750 as a gesture of good will, but not stating that i had written to them saying i would accept ONLY as part payment of the full amount being claimed.

I have read a few threads which suggest that the first nine points might be Lloyds standard defence.

 

does anyone know what my next step should be ?

Do i need to let the court know that i wrote to Lloyds refusing the full and final offer of £750 ?

Or is it now about waiting for the court date ?

 

All replies gratefully received

 

JAS

[BARTY]

Hi

I would wait to hear from the Court, as per my post 2 above. I wouldn't bother writing to them about the £750.

Barty:)

[jasovercharged.]

latest update 04-07-07

Today i received a 'GENERAL FORM OF JUDGEMENT OR ORDER' letter from Warrington County Court, this is how it goes

 

Before District Judge Smart sitting at warrington courts etc

 

Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiveing it

 

IT IS ORDERED THAT

 

1. The claiment shall, by 4:00 on 31/07/07 file and serve a breakdown schedule of the sums claimed. In default the claim shall be struck out.

 

2. The defendant shall, by 4:00 on 31/08/07 (provided that the claiment has complied with (1) above), file and serve an amende defence specifically dealing with sums claimed. in default the defence shall be struck out and judgement may be entered with fixed costs and intrest.

 

dated 26/06/07

 

Has anyone received this kind of letter before ?

 

The original statements from lloyds were set out as below

 

03-09-2001 chg o/draft usage fee £20 DR

12-09-2001 fee account usage fee £20DR

 

should i re-do my bank charge calculations spreadsheet to include the descriptions which lloyds used?

Would this be acceptable to the courts?

Do i just send this to the courts or do i have to send it to SC&M as well?

 

For anyone who is or has taken the banks on, does the panic and sick feeling in your stomach ever abate when dealing with the courts or is it just mine?

 

Regards to al

jasovercharged l

[jasovercharged.]

Anyone Out There ?

[BARTY]

Hi

Looks like you need to send a copy of your schedule to both the Court and the Solicitors (I think??)

Not so sure on the second bit, help anyone :confused:

Barty:)

[zootscoot]

Use the spreadsheets here and make sure you include the details as to why the charge was applied. Send a copy to both the court and to SC &M.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

The second part relates to giving the defendant the chance to respond to the new schedule.

 

All the best

 

Zoot