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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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zidarovo v`s lloyds- tsb **WON**


zidarovo
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Im fairly new to all this but any help would be greatly recieved......

started my application to lloyds for excessive bank charges on my account over the last 6 years.had all the usual replies and one stating that "they are not default charges because you haven`t broken your agreement"

so after the time limit expired i had proceeded with the next step and filed a MCOL.

i have just checked and the bank have acknowleged my claim -what do i do now?

being over efficiant i have started to prepare court bundle .but i am still very nervous but not giving up on principle:p

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Hi

Things are going perfectly normal so far.

Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence. You will then 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 receive an AQ, read this:

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

 

Good luck, let us know how you get on.

Barty:)

  • Haha 1

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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:eek: Thanks for the links Recieved acknowlegement today from the county court as lloyds intend to defend all of this claim,i hope that this is also normal -have been reading up quite a bit but it can be quite mind boggling at times-

next stage from what i understand-the court has given lloyds 28 days -then i must fill out questionnaire if one is sent-if i have missed anything can someone please advise!

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  • 3 weeks later...

:? Recieved today Notice of transfer of proceedings to my local court and also the judge has ordered that the allocation questionaire be dispensed.

Also i have recieved the defence which follows-

 

1.This defence is served without prejudice to the defendant`s contention that the particulars of claim is insufficiently particlarised.The defendantreserves the right to plead further to the particulars of claim once they are sufficiently particularised.

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

3.The Particulars of claim do not comply with rule 16.4 la of the civil procedure rules as "amongst other things" they do not identify the account in question that appears to form the subject matter of these proceddings or indeed show how the sum of £1228.59 is arrived at and the particulars of claim are too vague.The particulars of claim show no reasonable grounds for bringing the claim .

4

The claimant should,therefor be ordered to file and serve amended claim to set out the full particulars of the bank account and the charges that they are seeking to recover,identify each charge.The date and amount of the charge and why the claimant in each case they allege it is a disproporionatte penalty and thus unlawful.

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

I have not been previously asked for charges or account number but i have it all ready

 

what do i do now -is this a normal proceeding or is lloyds just trying to fob me off........

shall i just go for draft order for directions !!!

 

:eek: please advise

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Hi

Can you post up your POC off your claim? It is not the normal defence. And have a look at this link:

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

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi Barty thanks for your reply-

my POC was as follows

the defendant has imposed charges of between £16-£90 each time the claimant has exceeded their overdraft limit,these charges represent a penalty and do not accuratly reflect the defendents administration costs.

Claimant claims cost £1228 .59

 

This was what was advised at the time !!

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Hi BARTY:confused:

YOUR ADVICE HAS BEEN A GREAT HELP

The advice followed was not from this site-unfortunatley i did not find this until after i filed a MCOL,But hopeful i will be able to salvage what is left-i have hand delivered to Local court all the relevent documents for ammendment-n244

Charges and interest /account no.

n1+fee also included 3 copies

Due to the fact i have also recieved a transfer of proceedings to local court and allocation questionaire being dispensed with i have also included draft order for directions with accompanied letter of explanation from template

does this sound right or have i missed anything ?

Zidarovo:confused:

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:p Oh my god !!! i`ve won

recieved letter from lloyds solicitor s today settling for the full amount

which i have agreed to accept and move on ....until next time .

The template letters worked a dream .I will wait however until i have recieved it into my bank account before sending the court a letter.:p

good luck to all in same position and thanks for fab advice

Zidarovo:razz:

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