tina9776 v LTSB

[broke dave]

Tina,

 

Your very own thread. I will post the questions here.

[broke dave]

Tina wrote,

 

Lloyds has not filed an admission or defence to my claim at moneyclaim on line and their time ran out yesterday. I have done a request for judgement on line requesting that they pay immediately but I don't really know what the next move is. Do Lloyds just have to pay me or can they still file a defence, does it still go to court or what? I'd be very grateful if anyone can help.

[tina9776]

Thanks Dave, you're a star. How annoying that Lloyds can apply to have the judgement set aside. What's the point of that?

[broke dave]

Tina,

 

davethorp replied:

 

Tina it's better if you start your own thread on your case so people know where you are at and can follow your progress. [EDIT broke dave seems to be doing that for you]

 

However to answer the question Lloyds can (and probably will) apply to have the default judgement set aside and then enter a (more than likely standard) defence

[BARTY]

Hi Tina

This should help:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

Good luck, let us know how you get on.

Barty:)

[broke dave]

Tina,

 

You are now at the top!

 

You should be able to see this.

[Muffintop]

Hya Tina, I wondered if you did decide to go through a no win no fee company for your claim as you were concerned about going to court? they do seem to take so much of your money and Im not sure they even go to court for you?? check it all out b4 you make a decision. If you have filed a claim already which I think you have the financial ombudsman will not take it on. I did hear that you shouldnt necessary rush into entering judgement but take advise from the people on this site, iv claimed from nationwide and they were much easier than lloyds seem to be who now feel really clever cos they have found flaws in 2 claims recently/.

[nicsussex]

were much easier than lloyds seem to be who now feel really clever cos they have found flaws in 2 claims recently/.

 

NO THE HAVEN'T - they didn't attend either of the cases! The most recent case admitted that his documentation was weak and as for Kevins cas we all know what happened here. Neither of these cases did LTSB find flaws in the defence - they got lucky and if people are under prepared they will get lucky again!

[tina9776]

Surprise surprise, they acknowledged judgement the day after I had filed for judgement so my judgement for the claim was rejected. According to the paperwork from Northampton County Court Lloyds now have 28 days "from the date of service of the claim form" to file a defence. Could someone very kindly advise me on what date they are referring to - the date they acknowledged the claim? Also, what should I be preparing at this stage if anything. Obviously I have all my correspondence to date. What I am missing is any correspondence that relates to the charges as "penalties" or "defaults" as I have always binned these when they've arrived in disgust!! Does anyone have any old t&cs or correspondence that I could download for my bundle.

My main question is whether there is anything I should actively be doing at the moment or do I just need to wait the 28 days for Lloyds TSB to file their defence? I'd be very grateful for any help.

Thanks.

[Kazzabell]

I think that the date of service that they are referring to is the date that they were originally served with the claim ie 5 days after the date of issue.8)

[tina9776]

Thanks Kazzabell, any idea what I do if they don't file a defence? Though I suspect they will as it has been passed to the solicitors.

[jshtr3]

I suspect they will also but here's a link about what to do if they don't http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

[tina9776]

Thanks for that, should I be doing anything in the meantime or do I wait to hear if they have filed a defence? Also, the Moneyclaim on line paperwork has Northampton County Court - does this mean if it goes to court I've got to go to Northampton? Very grateful for any help from now as it's all been pretty comprehensible but from this point I'm very nervous about doing something wrong!

Thanks to anyone who is able to help.

[Kazzabell]

I think that it gets referred to your local county court if a defense is entered. Did you send off your schedule of charges to moneyclaim. I originally forgot on mine but have just sent them this lunch time.

 

Also, I think that if you stick to these threads then you can't really go wrong as there is so much advise available.

 

Good luck.

[granby]

Feel weird writing to "tightbum"!! Thanks so much for all your support - been away so have only just logged on to your messages. Like the idea of writing a letter asking for a settlement - obviously would like to avoid court as the idea of a bundle and all that I find SO scary. Still haven't heard anything since they put defence on Moneyclaim. Do we know if anyone has gone through Northampton - I hope if it does go to court it will be a local court as Northampton is miles away for me. What does it mean that some courts are asking for a stay? What stage are you at with your claim?

 

 

your claim that you lodged on line will be transfered to your local court in due course(MCOL is based in Northampton)

they will write to you advising this fact

[tina9776]

Thanks so much, it's so reassuring to know that people are out there guiding me. So basically I don't need to do anything until I hear from my local court - will they be sending me the AQ too? Would you be able to help me with that - I don't understand what people mean by "a direction". Can you advise.

Sorry to ask so many questions and thank you for your help.

[tina9776]

Has anyone got old T&Cs for Lloyds, my claim dates back to 2001. Although I haven't received a copy of defence or court allocation, I would like to be prepared and cannot find anything on the forum. Would be grateful if anyone has got copies that they can send me.

Thanks.

[granby]

some courts are dispensing with AQ so you may not have to fill one in

and directions can mean 2 things

1 what "track" your claim will go on i.e small claims

2"directions hearing, this usually means the case gets transfered to another court(usually the mercantile court)

some times the courts lump a load of claims together and transfered them to a court to try an get a "definitive ruling"on these cases

but the courts still usually settle before these hearings take place

because they do not wish to set foot in court in case they are ordered to disclose their actual costs to return d/d's, s/o's etc

as they are only allowed to recoup their "actual liquidated losses"(how much it actually costs them to do this)

[tina9776]

I have now received a Notice of Transfer of Proceedings to my local county court. With it came a copy of Lloyds' defence - they did not send me one seperately.

the bit about the allocation questionnaire has been crossed out and says "It is ordered that: 1. The filing of an allocation questionnaire be dispensed with in this case unless the Districtrs otherwise Judge at the court of transfer order."

Could someone please advise as to what exactly this means.

Lloyds defence is a 7-pointer and is as follows:

Defence

1. The Defendant Lloyds TSB Bank plc "the Band" is a Band whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times.

2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing;

chequest

bank statements

the facility to make payments by direct debit and standing order debit cards

ATMs "cash machines".

3. By maintaing the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Bank's own funds. If the Bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that there are normally no charges for everyday banking at Lloyds TSB when your account is in credit.

When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply.

If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead.

4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss.

5. The customer is given advance warning of charges being imposed; statement show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the Bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter.

6. The charges are fair and reasonable, and it is denied that they are unlawful.

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness.

8. In the premised:

8.1 the charges are for banking services, and are not damages nor a penalty;

8.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable;

8.3 it is denied that the charges are unlawful or contravene any statute or regulation.

9. The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sume claimed or to any sum from the Bank.

Please could someone confirm that this is standard, whether I should be answering it yet or whether I should just be waiting. On the Notice of Transfer of Proceedings it says Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order"

What does this mean, should I do anything? I find this very scary as the bank's defence comes across as rock solid.

Please, please could someone come back to me and help - up to the Moneyclaim online bit it was easy but now I feel stupid as to what to do next.

Thanks everyone.

[tina9776]

Sorry I meant to say 9-pointer, not 7-pointer - also, it should say Bank not Band!!!

[tina9776]

Ok, but have just read on someone else's thread (LisaM696969) that she sent a draft order for directions following her Notice of Transfer of Proceedings but before getting a court date. She copied this to SC&M as well as sending to local county court and Lloyds have now settled. Would it be worth sending this and if so, where do I find a template or information for the draft order for directions.

Would be very grateful for your help, will paste this onto my own thread too!!

Thanks.

[GuidoT]

The draft order and settling by Lloyds are likely to be co-incidence. Lloyds settle in their own time, unless they have judgement. However you should still send it.

 

Read the link in my post 65 on this thread, it includes a link to the draft order. It would be helpful if you read the links in previous posts before posting up a question that has already been answered - it cuts down on all our typing.

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

[tina9776]

Sorry Guidot, I am doing my best but I get a bit confused. How do I find your post 65? I know, I'm thick!!

[GuidoT]

I have now included a link in post 25 above, oh here it is:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post482148

 

I am sure you are not thick, maybe lazy though . We will help you get through it.

[tina9776]

Sadly thick as I have been on this website looking at various posts and threads and info since 9.30am so can't really be lazy. Another example of my "thickness" is that having looked at the draft, I don't really understand what you're suggesting I do. Do I send it with a covering letter? Is it then up to me to remember to send claimants stuff within 14 days? If I do send a covering letter, what should I say? I'm afraid I may need more guidance than others but I'm very good at donating - along with the bank charges that may be why I'm so broke!!

Looking forward to hearing from you and thanks for all your help so far.