Glover/Marshall Vs Lloyds ***WON***

[happyandbroke]

Hi all, I'm helping my friend claim her charges back from LLoyds...just over £4000..Phew! My question is, I have followed the steps so far (I think!), and yes, Lloyds have been very slow to respond, but what is frustrating for me is there is no urgency with my friend! Bless her. Will it affect her claim if she dragging her feet. I can start the MCOL at anytime as this is her next step but I need her here for the initial payment and registration details. Just to clarify, 1.have got all statements, 2.have list of charges calculated, 3.sent a letter to request the refund, got a letter back from Lloyds declining stating their normal 'get lost' response. Is it now time to proceed with MCOL? Is this this correct

[happyandbroke]

Have I just shot myself in the foot? I was just reading up on your guidance notes to check what step to take next and I downloaded the templates from http://www.moneysaving expert.com where I 1st heard of these claims. The templates there are worded differently to CAG's, does this make a difference? Please help. The more I read the more my brain freezes!....oh so confused & nervous now.

[BARTY]

Hi

I would send the Letter Before Action from this site, don't include the 8% interest on it, give them 14 days then start the Court claim:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

Good luck, let us know how you get on.

Barty:)

[happyandbroke]

Hi, have already sent the LBA but I did include a list of charges and that did include the calculated interest but is was listed in a separate column. shouldn't I have done that? Going back to the letter, we've not heard a sausage from them & it has gone over the 14 days. So I proceed to start the court claim, right?

[BARTY]

Hi

No you aren't supposed to include the interest in your LBA, but nevermind now.

Yes start the Court claim.

Have a read of these links to help you with your claim:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html POINT 6

 

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

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

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

 

Barty:)

[happyandbroke]

Thank your Barty. These links are very helpful.

[happyandbroke]

Help please! On the N1 form, value section, what do I put for the Interest Persuant to S69 County Courts Act 1984. at £xxxx per day. I have calculated the 8% yearly amount, so I haven't got a clue what the daily charge would be. How do I calculate that?

[tjinuk]

Hi

 

I think this little equation may help you

 

(CHARGES+OD interest)x 0.00022 = pence per day)]

So for example..£4000 x 0.00022 = 0.88 pence per day

Tracie

[happyandbroke]

So am I right in thinking the (charges + the interest already calculated at the 8%)x the daily rate?

[tjinuk]

Hi

 

Yes thats right...charges + total interest x 0.00022 = daily rate

 

Tracie

[happyandbroke]

Thank you....will get on with it.

[happyandbroke]

Just one more question about the above interset, I've calculated it to be £0.90 per day, But on the form:

Charges £xxx.xx (This I know)

Overdraft Interest £xxx.xx(This I know)

Interest under s.69 County Courts Act 1984 £xxx.xx confused about this figure

Court Fee £xx.xx (This I know)

 

Sorry....:o

[tjinuk]

Hi

 

Just looked at my N1 and i claimed the following

 

charges...£1,410

overdraft interest ...£0

interest under s.69...£101.63 (8%)

court fee...£120

 

To be honest im not sure if you can claim both lots of interest. Hope someone who knows abit more can help you with that one.

 

Tracie

[BARTY]

Hi

You can claim both o/d interest and the 8% statutory. But the o/d interest is difficult to work out, and not usually worth claiming.

Barty:)

[happyandbroke]

Thanks Barty, in that case I'll just stick to the statutory 8%.

[happyandbroke]

Hello all,

I have had my Notice of issue through the post & it has given Lloyds until 13th (which is today) to reply.....which they haven't. Am I right in thinking the next step is to file a Judgement default against them? With it being the week-end can I leave it til Monday now. I would rather hand it in to the court personally or should I post it asap?

[nicsussex]

I would give them to the middle of next week - they invariably file late and the court almost always allow them to

[happyandbroke]

Ok, thanks.

also since the notice of issue LLoyds have charged £105.00 since, can I add this to the original claim?

[nicsussex]

Not with out amending your claim - which will cost you£35 (non-recoverable) and almost certainly delay your claim - best to get this one settled and then start again

[happyandbroke]

Ok Thanks.

[happyandbroke]

Ha Ha! Got the acknowledgement through the post this morning with intention to defend whole amount...was hoping it was going to be plain sailing. Never mind.

[jontah 2006]

do not let that worry.they will soon capitulate.they always do.

[happyandbroke]

OMG!!! We've Won! :-D £4,233.00

The thing is, (this is not my a/c, I was helping a close friend), My friend received an Acknowledgement of Service letter on Fri 13th July. The court date stamp is Fri 6th July with intention to defend. On Tues 17th July received letter from SC&M dated Fri 6th July explaining that they will be defending Lloyds on the grounds of account mis-use. Yesterday, my friend received another letter from SC&M also dated Fri 6th July marked, Underlined & in Bold " Strictly Without Prejudice".... warning us not to show this letter or reproduce it in any way that may compromise when entering sttlement negotiotions. It goes on to explain in 5 seperate points that they intend to defend, Explanation of breach of contract etc etc. the last point states "your claim for repayment of these fees is therefore misconceived". It goes on to say that LLoyds & other major banks are currently discussing the legal basis for these charges with OFT.

Over the page it goes on to say the bank is, without prejudice to the position set out above, willing to pay you £4102.21 you are claiming as bank charges, interest of £10.79 plus the court fee £120.00 in full & final settlement... This will be paid on the following basis: It then gives you 7 terms.

The closing stating of this letter states: If you are willing to settle on this basis, please sign a copy of this letter as confirmation that you are bound by its terms, and return to us asap. We ask you to reply within 10 days from the date of this letter(dated 6th july) as the bank will need to file it's defence if settlement terms cannot be agreed before then.

 

Inerestingly, all three letters were dated Fri 6th July, so how can SC&M send one with intention to defend & another on the same day offering a full & final settlement!!!!

 

What has really annoyed my friend is that she had an OD £1400 & had agreed with LLoyds that she would repay this back @ £140 per month(without interest).

 

On the 17th July the above amount, £4233.00 has been deposited, clearing her O/D.

But surely this is not right as she has only just received the offer, hasn't signed anything & as SC&M clearly states on the terms they set out that they will need to file a defence if they don't receive the signed letter from my friend? She didnt reply to them 'cos she didnt receive the letter 'til 13 days later.

 

She is elated that they've paid up, but says its very underhand the way they have done this. As she hasn't signed this letter, she has not agreed to anything so they shouldn't have done this. She is not legally bound by their terms in the letter, and she plans to claims for further charges that were added after she filed this claim, can she still do this?

What do we do now? (apart from celebrate!!)

Can she start another claim even though it states not to in the offer letter?

(I'm just glad its all over! I won't tell her that, she'll feel guilty!)

Also how do you move this thread to success'

[Kazzie]

Congratulations happyandfriendnotsobroke!

 

A lot of people seem to recieve those same two letters on the same day,

 

I agree it's so annoying how they've paid the O/D out of the settlement. It is underhand but i believe they're within their rights to do this, despite your friend having made an agreement with them. I guess it's the nature of the beast:rolleyes:

 

Yes you can start another claim. As you say, you've signed nothing saying that you wont be.

 

Good luck with the next one:)

[happyandbroke]

Thank you, its certainly taken a 'load off' as far as i'm concerned!

I've Pm'd a mod to move the post to the success', will I need to write to the court to let them know its been settled?...and what about SC&M? do I just leave it now.