LLoyds TSB Case - need T & C's!!

[neutronboy]

Hi

Just thought I would let you know what is happening with my case.

 

Wrote to Lloyds on 1st March requesting refund of £1800 plus interest (total approx £2200). Got usual letter back stating that the charges were for extra services not 'default' charges.

 

Sent a further letter stating I was not happy with response to which they failed to respond, until of course they received the court summons. They have since sent a letter to advise it is now in the hands of their solicitors.

 

I completed the court summons on line and it has now been updated to advise that Lloyds have submitted a defence, so I assume I now await a court date and will have to submit my defence.

 

I am worried as I do not have a copy of my terms and conditions. I plan to go into my local branch tomorrow but I doubt they will be happy to provide this......does anyone have a copy??

 

I would appreciate any help anyone could give me as to what I should file as my defence, what paperwork I should submit etc. I want to make sure I don't loose from being ill prepared?

 

Many thanks

[BARTY]

Hi

You should shortly 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

 

Also have a read of this to help you once you do get a Court date:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Sorry I can't help with the T & Cs.

Good luck, let us know how you get on.

Barty:)

[neutronboy]

Thanks Barty

I received today a 'Notice of Transfer of Proceedings' together with a copy of the defence.

 

Help!!!!!....

 

They stated the following:-

 

1. This defence is served without prejudice to the defendants contention that the statement of claim is insufficiently particularised. The defendant reserves the right to plead further to the statement of claim once they are sufficiently particularised.

2. The defendant will object that the particulars of the claim in this action disclose no reasonable cause of action against the defendant and makes no specific allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed.

3. The particulars of claim to not comply with rule 16.4 1 (a) of the civil procedures rules (stylised particulars do not constitute compliance) as (amongst other things) they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show the sum of £2105.83 is arrived at and the particulars of claim are too vague. The statement of claim shows no reasonable grounds for bringing this claim.

4. The claimant should, therefore, be ordered to file and serve and amended claim to set out the full particulars of the bank account and the charges he is seeking to recover, identify each charge, the date and amount of the charge and why the claimant in each case alleges it is a disproportionate penaulty and thus unfair.

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

 

Could you please help.....is this a standard reply?

When completing the MCOL you only have a limited number of characters so it would have been impossible to include all of the above. I followed the guide as per 'moneysavingexpert' as hadn't seen this site at the time.

 

Lloyds TSB do have everything above, as a spreadsheet showing dates, amounts, reasons for charge etc was sent twice when I initially requested a redund (and acknowledged eventually) by them. A further copy was also sent when we sent letter threatening court action.

 

Would it help if we put together a pre hearing pack and send this to the court, to include the spreadsheet of charges and a statement from me?

 

I would appreciate any help?

 

Many thanks

 

Neutron Boy

[BARTY]

Hi

No it's not the standard defence unfortunately, I would have a read of this:

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

 

And also have a read of this, you need to send a copy of your schedule to the Solicitors and to the Court:

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

 

Hope that help.

Barty:)

[neutronboy]

Hi, thanks for reply...

 

Looks like I may have to file an amendment, do you have the link to the suggested templates to use when filing court action initially so I can compare to what I entered on MCOL?

 

Wish I had found this site before!!

 

Thanks for your help.

[BARTY]

Hi

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

Barty:)

[neutronboy]

I went into Lloyds Bank (my local branch) last Thursday to request various pieces of info...when bank account was opened, copy of the T & C I signed in branch when I opened my account etc. I was advised by the lady I dealt with that all the docs were stored downstairs and she would post it to me.....I received a call on Friday advising that they could not locate the T & C. When I requested a copy of any T & C from 1998 (when my account was opened) she said she could not help with this either!!

[neutronboy]

Hi

 

I am completing my amendment document and am a bit confused re the interest bit.

 

My schedule (which was originally submitted to Lloyds) is for the penualty charges plus the 8% interest (used calculator on Money saving expert). I have never claimed for any further interest.

 

On the POC, (I am using your suggested template), would I amend section 5a) to the following:-

 

the return of the amounts debited in respect of charges in the sum of £ (ENTER AMOUNT OF CHARGES WITHOUT INTEREST - AND THEN REMOVE "AND ANY INTEREST CHARGED THEREON").

 

??

 

Can I mark a line through this bit on the N1- (as copied the wording before I realised my mistake)

 

I plan to attend court tomorrow with my N244 completed, N1 completed, schedule of charges and 8% interest, £35 fee and 3 x copies of everything....is this all I will need?

 

Would appreciate your help.

 

Many thanks

 

Neutron Boy

[neutronboy]

BUMP

sorry to be a pest but is there anyone out there that can help....I am getting close to 14 days from defence and need to submit my amendment?

 

See question above.....plus....

 

Part c of N244 doc....it states

 

' I wish to reply on the following evidence in support of this application' - any thoughts on what is best to write here and what explanation to give as to why need the amendment?

 

Many thanks

[neutronboy]

need help please so confussed

[alanfromderby]

On the POC, (I am using your suggested template), would I amend section 5a) to the following:-

 

the return of the amounts debited in respect of charges in the sum of £ (ENTER AMOUNT OF CHARGES WITHOUT INTEREST - AND THEN REMOVE "AND ANY INTEREST CHARGED THEREON").

 

??

 

Can I mark a line through this bit on the N1- (as copied the wording before I realised my mistake)

 

Yes, you are correct with the wording - if you must put a line through it, then you would need to initial that, however I would suggest it would look much better if you re-wrote the form.

 

 

 

I plan to attend court tomorrow with my N244 completed, N1 completed, schedule of charges and 8% interest, £35 fee and 3 x copies of everything....is this all I will need?

 

Would appreciate your help.

 

Many thanks

 

Neutron Boy

 

For the moment, that should be fine.

[alanfromderby]

BUMP

sorry to be a pest but is there anyone out there that can help....I am getting close to 14 days from defence and need to submit my amendment?

 

See question above.....plus....

 

Part c of N244 doc....it states

 

' I wish to reply on the following evidence in support of this application' - any thoughts on what is best to write here and what explanation to give as to why need the amendment?

 

Many thanks

 

 

Heres a guide for completion of the N244 that GaryH posted in the thread linked above: -

 

Top left hand box:

 

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A:

 

I ***** (the claimant)

 

(that....) allows an amendment to the above claim in respect of the claim particulars

 

(because....) the claimant did not adequately particularise his claim in that he did not specify the common law and statutory provisions upon which the claim relies.

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

Something like;

 

"I respectfully request that the court allows an amendment to my particulars of claim.

 

(brief explaination of why the amendment is needed, etc...............)

 

Please find attached to this application my proposed new particulars of claim, as well as a schedule of the amount claimed in respect of penalty charges levied by the defendant"

[neutronboy]

so under part c could i put

'' i respectfully request that the court allows an amendment to my particulars of claim because i the claiment did not adequately particularise my claim in that i did not specify the common law and statutory provisions upon which the claim relies''.

is this right or wrong i dont want to shoot myself in the foot.

[alanfromderby]

'' I respectfully request that the court allows an amendment to my particulars of claim because the limitations of the MCOL form did not allow enough space to properly detail the basis of my claim''.

 

 

That would probably be better.

[neutronboy]

Thank you Alanfromderby you are a life saver this claiming aint for the faint hearted i tell you. been pulling my hair out at times, pregnant girlfriend stressing why couldnt they just settal out of court.

lloyds think they are the bank of england

 

again many thanks ;-)

[neutronboy]

Hi

 

I have today filed an amendment with the courts due to getting Lloyds 5 point 'claim too vague' defence.

The defence was served on 29th May so just got it to the courts in time.

They have stamped a copy of the doc's as proof and have receipt for £35 fee.

 

Could someone advise if they think it is worth us contacting S,C & M so they are aware that we have filed this amendment?

 

The court staff suggested it could take up to a week for a Judge to view the amendment.

 

Any suggestions would be greatly appreciated.

 

NeutronBoy

[alanfromderby]

Can't do any harm - keeps your file near the top of the pile as well.

[neutronboy]

just keeping this post updated....

 

I sent a letter to both SC & M and Lloyds a few days ago to advise them that an amendment had been submitted to the court, a copy of which would be served to them upon receiving the doc's duly sealed by the courts...

 

I have received two letters from Lloyds in the last 2 days...

 

The first from Birmingham Recovery Centre saying they had received our complaint and they are investigating and will come back to me in 2 weeks.

 

Then today another letter from Andover Recovery centre asking me to bear with them for a little so that we may try to reach an amicable conclusion!!!

 

Very odd considering they wrote to me on 9th May saying as we had already issued a court claim there was nothing more they could do to help at this stage!!

[neutronboy]

Just to let you know I received a letter from LLoyd's solicitors on Monday and Lloyds and have offered full and final settlement of £2360!!.

Over the moon, first baby on the way, could not have come at a better time.

 

Thanks to everyone on this site to has offered support and assistance.

 

[Curlyben]

Result !!!

[BARTY]

Congratulations!! :D

And best wishes about your baby, awww how lovely!

Barty:)