Harleypups V Lloyds TSB

[harleypups]

hi sorry to be a pain, I've got the acknowledgement through the post should I send a copy of my charges to there solicitor, I sent a copy of the charges recorded delievery the same day when i put in my claim to the courts

[harleypups]

I've actually answered it myself and yes I do, I found the template what should I say about the overdraft intrest which I'm claiming but I know is wrong, as I didn't work it out and just put the follow amount what they said in the schedule of charges? lol

[harleypups]

anybody help please

[harleypups]

can someone please advise me

[nicsussex]

As I have said before in my opinion I would wait for the defence to arrive

 

Still applies

[harleypups]

they have already defended, just waiting for it to come through the post, this is really quick so I'm really worried now

[harleypups]

I've finally got the defence through, it is being transfered to Swindon County Court and they are doing with out questionaire

 

The defence

1 and 2 are just standed points about the accountand the bank

3. By mainting the account in credit, or within any limit agreed with the bank. the customer may avoi most if not all charges, If the customer faoils to ensure that there are sufficient cleared funds in the account to cover payments whether by chq, dc,st or dd the customer makes a request for a payment to be made from the banks own fund. If the bank makes a payment, or returns he payment, it provides a service as specified ibn the leaflet and makes a charge in accordane with the terms of the contract. on page 1 of the leaflet, the Bankexplains 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 intrest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services such as copy statement, 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 be a penalty, consquently there is no requirement that the charge be a pre-estimate of the banks loss.

5. is all about the warning and prior notification

6. the charges are fair and reasonable, and it is denied that they are unawful.

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

8. In the premises

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

8.2 The bnk 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 statue or regulation.

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

 

 

I don't know what most of it means so help please:confused:

[nicsussex]

Perfectly standard Lloyds defence - nothing to worry about

[harleypups]

Thanks, it is a case of sit back and wait or do I need to start getting my court bundle together

[nicsussex]

SIt back and wait to hear from the court - but read up on the bundle just so you know what you might have to produce

[harleypups]

Still not heard from the court, but got a letter from Andover today, basically saying they are still not in a position to respond fully to the complaint, and I'm ensure you undersand your rights ect... please bear with us for a little while so they can try to reach an amicable conculsion.

 

What does this mean then? do they not realise that its going to court and is this just another bob standard letter sent out automatically

[BARTY]

HI

Standard Lloyds waffle, ignore it.

Good luck, keep us posted.

Barty:)

[harleypups]

the letter states that I'm entitled to complian to the finacial omnsman because its taking so long but please bare with them. Should I phone up and threaten to if they don't hurry up. Or just ignore the letter?

[nicsussex]

As Barty. says standard waflle. ignore it and continue on your timescale

[harleypups]

Hi got a letter from the cc today.

 

It is ordered That

the is stayed to enable the cc to file and serve a schedule setting out how the £4849.24 ha been calculated. If the claimant fails to do soby the 15/08/07 the claim shall be stuck out.

 

Is this just a case of posting my spreadsheets with the list of charges on? or somethink more

[BARTY]

Hi

Yes send a copy of your schedule to the Court and one to the Solicitors.

Barty:)

[harleypups]

thank you.

[harleypups]

Ok being totally thick.

 

I've printed off my schedule. Just about to write a letter it says please address letter to the court manager. I have a district judge name but do I literally address it to "the court Manager" and please find attached a scehdule setting out how the money has been calculated

[Michael Browne]

do I literally address it to "The Court Manager"

Yes

[harleypups]

Hi

Yes send a copy of your schedule to the Court and one to the Solicitors.

Barty:)

 

Why do I send one to the solicitors, I did send one as soon as I filed my claim, which a copy was sent to me when i got the defence

[nicsussex]

Why do I send one to the solicitors

 

Because they are dealing with the case on behalf of LTSB - if you don't it will only drag things out even longer

[harleypups]

Thank you