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oopss i think i have a problem


binatone45
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having just joined this forum yesterday and read ALOT of threads on here. i i have made a mistake and need help please. i have been through the process with lloyds, i have a claim online with mcos on 30/3 and i have now received a notice of acknowledgement from the court from sc&m the solicitor for lloyds. the response pack mentions they intend to defend all of the claim... the problem i have is i have started the mcol claim for my charges and added the full amount of overdraft interest onto the schedule, having read some threads i am now under the illusion i can only ask for a percentage of the o/d interest and not all of it. My claim is for nearly £4900 including court fee. so what should i do for best now. i have also found out i need to send my schedule of charges to the courts, to which i have not done yet ... so should i get on with this straight away for the claim amount or should i ammend it accordingly ... Also lloyds tsb has offered me the usual £750 final settle and have paid this into my account already so what are the best next moves. if i go to court can i use my online statements asproof of charges or do i need genuine ones as i have never requested these. Sorry for sooo many questions, but i really need help. thanks lee

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Hi Lee

What was the total of the o/d interest that you have claimed?

 

I would send a copy of your schedule to the Court and to the Solicitors (SC&M??) as soon as possible, have a read at this to help you:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

Send one of the rejection letters and knock the £750 off your schedule of charges:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

Online statements are fine if it gets that far.

 

Good luck, please ask if you have anymore questions.

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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hi barty. thankyou for your reply, i appreciate your help.

 

i have claimed £2,003.98 in overdraft interest. i have had an overdraft on my account for years now and it gets larger every month from the bank charges, i have a £3500 o/d limit to which i do not exceed. but with the charges over the period my account now mirror images the o/d limit. i am sooo annoyed at this that i feel like explaining this to the courts if need be.

 

before i send the schedule charges to the courts and the solicitor, should i still knock of the £750 as a partial settlement.

 

thanks again lee

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Does your £2,003.98 include for the normal interest, i.e. charge sum x number of days x daily rate.

 

Or is the £2,003.98 made up of interest straight from your statements.

 

What rate of interest around claiming?

 

I am trying to quantify the problem, if it is for a few hundred pounds I would just leave alone, but not for say >£500, if the latter then you need to amend your claim.

 

Until the matter is resolved do not submit the schedule of charges as per post 2.

If I have been helpful please click on my star and add a comment.

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hi.

 

the sum of £2,003.98 is only the o/d interest charges on my account.

 

how do i ammend if need be then. plus i have been charged since i started the claim, so should i add this to the ammendment too. also does it cost anything to ammend the claim.

 

thanks again for any help.

 

regards lee

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I take it from that above that you have not claimed the statutory interest that you are entitled to.

 

Yes it costs £35 to amend and you need to complete form N244 I think, this link should help:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

 

Whilst you are at it you may as well include your latest charges.

 

You need to fully understand what you are doing and all the types of interest before you file the amendment. Read around this site, type 'interest' into the search.

 

I do not think you can file this amendment until your claim is transferred from Northampton to your local court - that should give you time to research.

If I have been helpful please click on my star and add a comment.

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thanks guidot for your halp.

 

can anyone confirm whether i can ammend my claim before it gets transfered or can i do it asap, as i still have not sent my soc to the courts yet.

 

any help is appreciated.

 

thanks lee

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hi, sorry i'm new to this. not sure if this is the right place for this post?

 

i've sent my letters to lloyds, who haven't replied to the 2nd letter. I have been preparing to do the moneyclaim bit and was going to action it next week, however today i found that lloyds have put £750 in my account as "goodwill". I haven't had a letter from them just the credit - my moneyclaim is for £2,800ish incl interest and costs

 

do i need to return the £750 first then do the claim, or do i reduce my claim by £750, or do i just aknowledge the £750 payment in the notes on moneyclaim?

 

any help would be appreciated, sorry if i'm on the wrong thread!

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hi, sorry i'm new to this. not sure if this is the right place for this post?

 

i've sent my letters to lloyds, who haven't replied to the 2nd letter. I have been preparing to do the moneyclaim bit and was going to action it next week, however today i found that lloyds have put £750 in my account as "goodwill". I haven't had a letter from them just the credit - my moneyclaim is for £2,800ish incl interest and costs

 

do i need to return the £750 first then do the claim, or do i reduce my claim by £750, or do i just aknowledge the £750 payment in the notes on moneyclaim?

 

any help would be appreciated, sorry if i'm on the wrong thread!

 

Hi

Firstly send one of letters from here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

Carry on your claim with MCOL, but reduce the amount by the £750. The money is yours now, they will not take it back.

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

Please could you start your own thread, then you can ask any questions on there:)

 

Good luck!

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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Binatone

As Guido says you would be best to leave amending until it is transferred to your local court.

 

If you want to claim overdraft interest that relates to just your charges you need to use the Advanced spreadsheet here:

6. Interest calculation spreadsheets

 

If you find this to complex (as a lot of people do) just go for s69 8% interest. Use the Simple S/S here:

 

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

 

See here for a visual guide:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The ‘Days Since’ and ‘8% Interest’ columns will be calculated automatically

 

Include the latest charges and enter the £750 as a -(minus) figure on the date it was credited to your a/c

 

Save it and print out as your schedule of charges

 

Follow the link in Guido's post on how to amend your claim and then submit the N244 once the claim has been tranferred

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Hi michael.

 

thankyou for your time and advise. i really appreciate your effort and help.

 

i will as you say, wait until the claim gets transfered to my local court and then ammend my details accordingly.

 

thankyou again for your kind help.

 

Regards Lee

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Hi, i have just visited the mcol website to view my case and the status has now gone from aknowledgement to defence ... i have not received anything through the post and it has now been 4 days. any ideas what i should do or should i sit tight and wait. as i still need to complete the n244 and send away, but i am holding off with this , as advised in previous contacts. thanks for any help.

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It usually takes between five to eight weeks (or sometimes even longer) from completing MCOL to receiving notice of where the claim has been transferred to.

 

You need a lot of patience dealing with this.

If I have been helpful please click on my star and add a comment.

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  • 2 weeks later...

Hi. i have received a notice of transfer from northampton court to Leicester. The transfer form is ordering a AQ being dispensed with unless my district judge orders otherwise ... do i need to wait now until further guidance from the court. and should i now send in the N244 with the relevant ammendments ... or should i wait. Any help would be GGRREEEAATT. thx lee

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Hi Guidot, thankyou for your reply. i will call the courts at leicester and ask if a AQ is being sent ... should i still send in the N244 with the correct figures or should i leave it and hope i get my charges and o/d interest aswell ... i still have not sent in my schedule of charges either. sorry for lots of questions ... i do not want to make a mistake at this stage. thanks for your time. lee

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Hi Guys, i have now received my transfer details from northampton court to leicester and they have asked me to complete the AQ and return it b4 the 2nd july ... so my questions now are.

 

1, should i complete the N244 with the correct charges, not including the o/d interest and send in my schedule of charges, and complete the AQ as normal. This will take the claim down to £2800 from £4900 .

OR

2, Do i maintain my original claim which includes the o/d interest and wait to see if the judge advises me i am unable to claim, as it may not even get this far (or is this a risky chance)... but i would still complete the AQ and return as normal. This will mean i am claiming the full £4900, as my acc has been o/drawn since 2002 !! due to the charges and o/d interest !! to which my statements show ...

 

Any advise would be appreciated here .

 

Thanks lee

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