fed up of brum v LLOYDS

[kfdh1962]

well and truly racked off...lloyds took £160 from my account yesterday, i hadn't even had a letter say when this would be. So that on top of a huge car repair bill (cam belt snapped...engine wrecked...very expensive) has wiped me out finanacially. I wont have any money for 2 weeks now which means i cant start my money claim. so unwittingly they have caused a 2 week delay.

Will this delay cause any problems?

 

guess in the mean time it will be worth doing the interest calculation with the spreadsheet..is there anything else i can do in the meantime to use the time constructively in respect to this action?

[kfdh1962]

calculated th einterest using the simple interest calculation spreadsheet from the librarry, and that comes to £723.69. total claim will be £4110.4.

i have started to fill in the money claim form so that as i get paid i can submit the form and pay the £120. I have used the notes from the library to fill this in but i have a couple of questions,

 

1. I have had the lloyds account for about 25 years, so i dont really know the date the account was opened., and therefor the start of the contract, so what do i put in for the start of contract date?

 

2. for the interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from is the "date when the money became owed to you", is this the date of earliest charge for which you are claiming?

 

3. Also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. is this the current bank of england rate for saving or borrowing? or is it some other figure?

 

the notes in the library say to lay out the calculation, do i simply include the schedule of charges and the interest spreadsheet for this?

[kfdh1962]

calculated the interest using the simple interest calculation spreadsheet from the library, and that comes to £723.69. total claim will be £4110.4.

i have started to fill in the money claim form so that as soon as i get paid i can submit the form and pay the £120. I have used the notes from the library to fill this in but i have a couple of questions,

 

1. I have had the lloyds account for about 25 years, so i dont really know the date the account was opened., and therefor the start of the contract, so what do i put in for the start of contract date?

 

2. for the interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from is the "date when the money became owed to you", is this the date of earliest charge for which you are claiming?

 

3. Also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. is this the current bank of england rate for saving or borrowing? or is it some other figure?

 

4.the notes in the library say to lay out the calculation, do i simply include the schedule of charges and the interest spreadsheet for this?

[kfdh1962]

anybody out there.....? could really use some advice on these questions. will have funds to start money claim tomorrow and dont want to delay it any further...dont want to cock it up either!!!

[kfdh1962]

calculated th einterest using the simple interest calculation spreadsheet from the librarry, and that comes to £723.69. total claim will be £4110.4.

i have started to fill in the money claim form so that as i get paid i can submit the form and pay the £120. I have used the notes from the library to fill this in but i have a couple of questions,

 

1. I have had the lloyds account for about 25 years, so i dont really know the date the account was opened., and therefor the start of the contract, so what do i put in for the start of contract date?

 

2. for the interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from is the "date when the money became owed to you", is this the date of earliest charge for which you are claiming?

 

3. Also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}. is this the current bank of england rate for saving or borrowing? or is it some other figure?

 

the notes in the library say to lay out the calculation, do i simply include the schedule of charges and the interest spreadsheet for this?

 

 

 

i am desperate for some help on these questions so that i can start the money claim, i have already had a 2 week delay waiting for funds! Can any one advise me please!!

[Mistermind]

2. As you are claiming for multiple unlawful charges levied on a variety of dates, I would think best to compute the number of months elapsed for each separate charge at 8%.

 

I.e. for charge A levied 42 months ago, accue 42 months interest at rate of 8% p.a. divided by 12 to get montly rate, then multiply by 42 months to derive total interest for that item. For a charge levied 3 months ago, compute only 3 months interest. Very easy on Excel, using =formula.

[kfdh1962]

Hi Mistermind.

thanks for replying.

I had already done the interest calculation using the template from the library. The question i had related to wording for the moneyclaim online form. I took what i hope to be an educated guess on the issues i raise. As i didn't know the date of the conract i simply took out the date statement so it simply said "i have a contract with the bank operated on standard terms and conditions". For the questions i had on interest, i listed the amount being claimed in interest, at a rate of 8%, then for the statement the statement that says "plus interest at the same rate up up to the date of judgement, or for an earlier settlement interest at a daily interest rate of ?? " i calculated 8% apr as a daily rate , .022%.hopefully i did this correctly.

moneyclaim is now filed.

[kfdh1962]

moneyclaim started last friday for £4122 incl interest plus £120 costs.received notification from courts, claim being deemed to be served on 26th August. LLoyds have until 9th September to respond.

[kfdh1962]

received letter from northampton county court, "notice that acknowldegement of service has been filed". Attached paperwork shows lloyds solicitors Sechari Clark and Mitchell intend to defend the claim

[kfdh1962]

Its gone pretty quiet. I haven't received anything from the court since i was sent notice of acknowledgement service has been files form on the 24th august. Is this usual? The notice said the defendant has 28 days to file a defence, that time limit would be up this thursday 21st september.

[sharman24]

me too, i'm wondering whats happening, had the same acknowledgment from the court but have not heard anything else from anybody ?

HSBC acknowledged then had first offer, seems like Lloyds are playing the buy time game' quite a lot of others on here seem to be having the similar response, or should i say no response:x

[kfdh1962]

yeah, seems they will try and buy every day they can before paying out.

I received notification from northampton court of transfer of proceedings to Birmingham County Court last friday (22/09/06) Also enclosed an allocation questionaire. Apparently, if i read correctly, i now have to pay another £100, does anyone know if thats right?

Lloyds defence has been filed. Its the same defence i have read in other threads. I might need some advice on filling this in. will go back and have a look at other threads too. I have until the 10th October to respond.

[clare77]

hi there

 

i am in same situation really - i received the same defence from the solicitors as everyone else (its a standard letter) then after i received this from court (4 days after the deadline date they had till) i then received a allocation questionnaire - i had 2 weeks to fill in this form and return back - due date back to court is 2nd October - i returned mine same day there is an additional £100 to pay but add this to the claim for costs incurred.

 

i rang the solicitors to tell them i had returned mine to court and have sent them a copy.

 

in the meantime i have lloyds tsb calling me from their collections department telling me i have to pay money into my account and they have no record of any claim on there system and get this ............... Could I send them copies of all letters and court papers etc. (could I do it) - in not so many words i told her to contact there solicitors and get copies from them as i sent them original prelim letters then dealt with solictors - its not my fault they have incompetent solicitors - told them i would not be paying monies off my overdraft as it is under dispute.

 

i will keep you updated with my court date etc. their defence was received on 6th September - so is about another month for allocation questionnaire to be returned then lloyds will no doubt ask for extra time to discuss settlement which is a further 4 weeks. I think at this stage court dates are been set for November / December - I started my claim end of June.

 

Takes ages - will keep checking to see how you are going.

 

clare

x

[reload]

Apparently, if i read correctly, i now have to pay another £100, does anyone know if thats right?

 

A £100 fee applies when returning AQs for claims over £1500.

[kfdh1962]

hi there

 

i am in same situation really - i received the same defence from the solicitors as everyone else (its a standard letter) then after i received this from court (4 days after the deadline date they had till) i then received a allocation questionnaire - i had 2 weeks to fill in this form and return back - due date back to court is 2nd October - i returned mine same day there is an additional £100 to pay but add this to the claim for costs incurred.

 

i rang the solicitors to tell them i had returned mine to court and have sent them a copy.

 

in the meantime i have lloyds tsb calling me from their collections department telling me i have to pay money into my account and they have no record of any claim on there system and get this ............... Could I send them copies of all letters and court papers etc. (could I do it) - in not so many words i told her to contact there solicitors and get copies from them as i sent them original prelim letters then dealt with solictors - its not my fault they have incompetent solicitors - told them i would not be paying monies off my overdraft as it is under dispute.

 

i will keep you updated with my court date etc. their defence was received on 6th September - so is about another month for allocation questionnaire to be returned then lloyds will no doubt ask for extra time to discuss settlement which is a further 4 weeks. I think at this stage court dates are been set for November / December - I started my claim end of June.

 

Takes ages - will keep checking to see how you are going.

 

clare

x

 

Hi Clare,Unbelievable arent they. Asking you for copies of info they already have. I seem to recall the same thingbeing mentioned in a few other threads

I am just going through the allocation questionairre.

I am not sure what to put in for section E Experts and for section G for other information. I recall from other threads people wre quoting some interviews from the library from a former head of the bank admitting that these charges funded free bank. Any advice would be greatly appreciated.

 

thanks

[kfdh1962]

Hi all,

had a days holiday from work yeterday, and took a trip to Birmingham county court to return the allocation questionaire and pay the £100 fee.

So now i guess i sit back and wait for the next lot information (court date?) from the courts or from Lloyds solicitors.

Strange way to spend my brithday but will be worth it in the long run!!!! Hopefully the end is in sight.....

[kfdh1962]

Should i write to lloyds solicitors to tell them i have returned the allocation questionaire or should i just wait for them to receive notification from the courts.

Is there anything i should be doing now while i wait for a hearing date:confused:

[kfdh1962]

bumpers!!!!

 

received a copy of the allocation questionaire completed by sechari clark & mitchell on behalf of lloyds. basically states that the defendant intends to rely on the terms and conditins of the account fo its defence. As it seems to have a scanned signature on it i am guessing that this is also there standard response. Anybody know if this is the case?.

They have also indicated that they are not available in October!!

They have requested that i acknowldege receipt of this and have requested a copy of my completed allocation questionaire. Unfortunately in my eagerness to get it back to the court i never took a copy, is this a problem? i have a copy of the text that i included in the additional information which was taken form the library) what should i do...advice much appreciated.

[kfdh1962]

Managed to get a copy of my AQ from the court and sent a copy offf to SC&M. They have requested a stay of one month, supposedly to negotiate a settlement. Well, the month is up this week, and they have made no attempt to contact me, so i will follow freebirds lead and start sending them letters requesting that they enter into serious dialog to agree a settlement

[kfdh1962]

so, more than a week has gone by now, 2 letters faxed to SC&M during that time and still no response from SC&M. The one month requested to the courts by SC&M before further action has now long since passed.

I will send another letter, by fax, copied to the courts of course, suggesting they actually start to enter into meaningful discussion as was their stated intent, and point out it is my belief that this is simply a veiled atttempt to delay settlement.

I will start now to follow these faxes up with telephone calls.

 

I also think i will write to the courts, and petition them to not allow any further stays, saw one or two letters in respect to this in other threads....will have to go and look for them...

 

 

still waiting to hear from courts.......watching the grass grow...its mving faster!! LOL

 

keep you posted

[kfdh1962]

So....faxed off my third letter today to SC&M. I sent this letter which is pretty much cribbed from one of Gary H postings

 

Dear Mr Thomas,

 

37 days have now elapsed since I received your clients allocation questionnaire, which indicated your intention to resolve the matters detailed above by way of negotiation. You did in fact request that the court order a stay for this purpose.

 

To date, you or your client have made no attempt whatsoever to engage in dialogue and my last letter to you of 09/11/06 has not even been afforded the courtesy of an acknowledgement. As it were you who requested a stay be ordered to negotiate, I must say I find your intransigent attitude both surprising and unacceptable.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand. Those with of a more cynical nature would by now see this as nothing more rather than a thinly veiled attempt to further delay proceedings in this case, and an abuse of the judicial process.

I again respectfully request that you carry out your stated intent and enter into serious dialogue in order to settle this matter. I will await your proposals for the resolution of this matter and I trust this will come within the next week.

I have enclosed a schedule of charges with up to date interest calculations.

A copy of this letter has also been sent to the court.

 

 

Yours faithfully

I have been enclosing a schedule of charges each, basically because the interest keeps going up, not sure if this is the right thing to do. Any comments appreciated

SC&M requested a stay of one month on their AQ 0n the 9th October 2006. So that time is basicaly up, and as with every other thread i read have made no contact.

I was wondering hwta happens next. reading other thread does the courtnow set a deadline to reach a settlement, or will they issue a hearing date.?

I have copied all letters sent to SC&M to the court manager, am i too early to start writing to the court asking them too look into SCD&M's blatant abuse of the judicial process as others have done?

i will give the courts a ring on monday and see if they can update me.

any advice would be much appreciated

[kfdh1962]

oh..forgot to say, lloyds have just hit me with £165 in charges to go with another £90 since my moneyclaim started...l

[GaryH]

Great stuff. Going on the evidance of the last week, I don't think a settlement is going to be all that far away to be honest. I think we might be starting to turn a bit of a corner with Lloyds, they seem to be starting to pay out within a month of the AQ again in alot of cases recently so hopefully that trend will continue and increase. As you have done, it certainly pays to put pressure on them in a manner which exposes their underhanded tactics to the courts, they will definately be feeling the pressure if everyone does it. Fingers crossed for an offer early next week I reckon!

 

If not, the next thing you'll hear is from the court. They'll allocate a hearing date and issue directions for you to submit your evidance by a certain date, usually 14 days before the hearing. Keep the pressure on as you have been though and I honestly don't think it'll come to that.

[kfdh1962]

got home last night to aletter from birmingham county court. "standard order for stay for settlement with consent of all parties"

Funny, i didnt request a stay on my AQ and i dont remeber being asked for my consent since!

 

"District Judge Middleton orders that this claim is stayed until the 19th December to enable the parties to attempt a settlement.

on or before the 02 January 2007, one of the follwoing must happen " etc etc

so as they have already had six weeks and ignored all my faxes etc,(or for all the months before) they are not likely to act any differently now.

 

so should i start to write to the courts straight away for removal of stay or carry on sending faxes to SC&M for another week before i do this?

 

what happens on the 2nd of January if nothing has happened? is this when a hearing date gets set?

 

It also mentions submitting a completed AQ at the court. WE already did this , so is there another AQ to submit

[kfdh1962]

surpise surprise!.. got home last night to a conditional settlement offer from SC&M. they have offered the full amount £4464! The offer is marked headed without prejudice, confidential and privileged

Basically they still admit no liability and insist there client would defend the claim but its just not worth the cost...yeah whatever!

will send back a letter accepting the offer but rejecting the terms. I know this may delay it but i have waited this long now so another few weeks is neither here nor there really.