Just reached the Small Claims point

[Wonunderpar]

Hi All,

Just joined the forum have been directed from moneysavingexpert.com.

I've just reached the point where I've had to submit my claim to the Small Claims process via Moneyclaim. No court date as yet, although I only put it in yesterday so I guess will have to wait a short while at least. I have to confess that all this talk of 'bundles' is new to me, never having had to tamper with courts before, so I'm very glad that I've found you all.

Will now read all the threads posted so far and have already downloaded the bundle zip file, but wanted to let you know where I'm at.

Will keep you all posted.

Cheers

[broke dave]

Welcome to CAG. Good luck with your claim. Any problems - just shout.

[Wonunderpar]

Cheers BD for the welcome.

My claim is for just under £800 plus court costs when I (hopefully) win.

Judging by recent events, I'll have to wait a little longer for the Black Donkey to see the errors of its ways, but I'm not giving up now.

Will shout if I need your help.

Cheers

[broke dave]

Thet do tend to take their time! Have a look at my thread to get idea of timescales:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/87930-broke-dave-ltsb.html

[Wonunderpar]

Thanks for that.

I've followed Martin Lewis's route (from moneysavingexpert) to the letter so far so feel pretty confident of success as I've taken no chances.

Your experience is interesting as you've gone from not being sure to appearing really confident in a short space of time. Gives all of us confidence and speaks volumes for this site and the help it can give.

Cheers

[broke dave]

Just beware - the site gets really addictive!

[Wonunderpar]

Just a small point but does it matter which branch/office of the bank you enter on the MCOL forms?

I've had letters from at least three offices now so used the most recent.

[Wonunderpar]

I don't know if this is of interest or not but I recently exceeded the overdraft limit on my Lloyds TSB Premier account by £1.42. The bank's response was to increase the limit (without a request to do so) by an extra £50 for a period of one month.

Every other time that this has happened over the last few years they have slapped in a charge (£25; £30 - whatever it has been at the time) straightaway.

Could it be that the action that I am now taking and recent correspondance has had any effect on their decision!

If so, there's surely inconsistancy being demonstrated here, isn't there?

Does this help the cause at all?

[john brown 1]

Hi Wonunderpar

 

I'd love to believe the Black Donkey Bank had at last seen the error of its ways, However I've just exceeded my overdraft by 87p and they charged me £30 for the priviledge on Monday, and then gave me two and a half grand yesterday to settle my claim. I'm in a forgiving mood so I'll let this £30 unfair penalty charge go (just this once). I totally agree with you though, if they can up your overdraft for a month (without, it seems too much inconvienience to themselves) why cant they do it everytime, and put an end to unfair penalty charges. Its an interesting point for anyone goint to court.

[Wonunderpar]

JB1,

 

There is something on the LTSB website regarding the fact that they might not charge the first time if you haven't gone over your overdraft in the past 12 months, but that is definitely new. I have letters from way back where they didn't adopt that policy and charged straightaway so that at the very least shows that they have only recently changed their policy. Perhaps, again, this demonstrates inconsistancy or changes to suit circumstances which may act in everyone's favour.

 

Rgds,

 

Steve

[Wonunderpar]

Hi All,

 

Received in the post this morning a 'Notice that Acknowledgement of Service has been filed'.

 

Having read many of the posts on this site, I'm under the impression that I still don't have to do anything until (and if) LTSB actually file a defence and I am them asked by the court to send through my supporting documents, but can anyone confirm that to me, just to put my mind at rest.

 

I now have most of my court bundle ready, in case it goes that far, and am grateful to a recent posting with 2004 Ts & Cs which appears to support all of our cases. However, if anyone has older ones (I haven't found them on the site yet) I'd be grateful as I'm still hunting (in vain so far) through my own archives for them.

[john brown 1]

Hi

 

You're right..Sit back, relax and await the day you can file for judgement. If the court bundle is done, its a matter of waiting for their next move. I'm going to scan my pre 2000 (they dont give an exact date and my partner cant remember) terms and conditions to the site this week, if its urgent I can arrange to get them to you, if not sit tight and they should be on the site soon.

[Wonunderpar]

Thanks JB1.

 

Didn't want to ask questions that were already answered but am just checking at every stage to ensure that LTSB can't wriggle out.

 

Will happily wait for your posting with the scanned Ts & Cs as it's not that urgent yet. Will look for them later in the week.

 

Cheers

[john brown 1]

Its no problem, even the straight forward ones are nerve wrecking and sick making, how many times in your life do you actually get to sue a BANK!!! I wasnt convinced I'd done it right until they put the money in my account, and even then, I was convinced they had mixed me up with someone else and paid the wrong person.

[Wonunderpar]

Well, we're moving forward! Checked MCOL and The Black Donkey has now filed a defence with 18 days to spare! Is that unusual?

 

Will wait for official paperwork through the post before doing anything else but am now in the 'End Game; and stragely excited by it!!

[Wonunderpar]

Well, we're moving forward! Checked MCOL and The Black Donkey has now filed a defence with 18 days to spare! Is that unusual?

 

Will wait for official paperwork through the post before doing anything else but am now in the 'End Game; and stragely excited by it!!

 

Just realised from an earlier thread ('Getting MCOL right') that I should have sent the Schedule of Charges with a covering letter to SC&M when I received the Notice of Acknowledgement (issued on 15/06).

 

I have done that today, having only actually received the Notice of Acknowledgement around 6 days ago, but will it cause any difficulties for me that LTSB have now filed a defence (albeit only on MCOL - I haven't received any paperwork in the post yet) before I sent their solicitors the SOC?

[Wonunderpar]

For everyone! Please advise.

 

Searching through as much old correspondance from LTSB as I could find (unfortunately I only recently destroyed a llot of the older stuff) over the weekend, I found a letter from them dated mid-2006, and at the top of page 2 it states something along the lines of:

 

"This is the contract for your overdraft"

 

This must be an admission that an overdraft is indeed a contract, as we have all suspected from the start, and therefore exceeding it is a breach. This being the case, would it be helpful for anyone to have a copy?

[Wonunderpar]

For everyone! Please advise.

 

Searching through as much old correspondance from LTSB as I could find (unfortunately I only recently destroyed a llot of the older stuff) over the weekend, I found a letter from them dated mid-2006, and at the top of page 2 it states something along the lines of:

 

"This is the contract for your overdraft"

 

This must be an admission that an overdraft is indeed a contract, as we have all suspected from the start, and therefore exceeding it is a breach. This being the case, would it be helpful for anyone to have a copy?

Sorry to pester but I wondered if this was new information of use to anyone or whether it is already common knowledge.

 

I've now recovered correspondance going back to mid 2006, including a set of Ts & Cs (similar to those posted by 'shadeofblue') valid from October 2004, and the expressions 'your contract for an overdraft' or 'This is a contract for an overdraft' appears on subsequent pages (2 and beyond) on most of it.

 

Reading earlier posts, this seems to be the evidence that we need so is this required by anyone else for back-up at all?

 

Thanks again all.

[Wonunderpar]

Hi All,

 

Just a clarification required from me at the moment.

 

I have followed all the rules in claiming to date, as this thread will justify. The Black Donkey has until next Saturday (8th July) to lodge a defence.

 

I have now noticed on MCOL that the status has changed to 'Defence' and MCOL states that I am unable to take any further action on this claim online. it also states that the matter will be referred to the appropriate court for continuation. However, I have not received any more in the post (even taking the post office strike into consideration) and am wondering if I am supposed to do anything at the moment.

 

Having read a large number of posts now, it seems that I must wait until I either receive an AQ from the court or some other formal request for evidence etc, but I don't want to find myself in the position of one of the other threads here whose claim was struck out because they didn't provide information in time.

 

Can anyone clarify for me?

 

Thx

[john brown 1]

Hi

 

They have either filed or intend to file (the court gives them extra time to file their defence) It will probably be moved to your local court and that court will send you a copy of the Donkeys Defence. You dont need to do anything at this stage, they may not get round to filing their defence. I believe they have another 14 days to file (or something like that).

The balls in their court and dont worry they still might not get around to defending the claim and I've known them to settle even at this late stage.

[christinajanep]

hi, you may not need the aq as some courts are doing away with them,

its now a case of waiting to hear from northampton which will then tell u which court its been transfered to, this should be a court local to u

[Wonunderpar]

Hi,

 

Yes, you're right. Today I have received a 'Notice of Transfer of Proceedings' from Northampton transferring the case to my local court, together with LTSB's defence (known on this site, I believe, as the "standard 9-point defence). I also have a notice from the court advising that the filing of the AQ be dispensed with.

 

As I understand it from all the other threads that have got this far, I still have to wait for the court to ask for the information that I intend to rely on, or should I just send it to the court and **** now?

[BARTY]

Hi

Have a read of these links:

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

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html#post695176

 

Good luck, keep us posted.

Barty:)

[Wonunderpar]

Thanks for the info Barty.

 

Seems clear enough. However, do I do this straightaway or wait for comminication from my local county court first? It seems a bit

presumptuous to send this to them almost before they realise that they have been given the case?

[BARTY]

Hi

Yes wait until you hear from your local Court, sorry I presumed you had already heard from them:oops:

Barty:)