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Ladybette vs LloydsTsb


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Hello Everyone!

 

I've been a bit of a lurker on here for a while and have learnt loads from everybody in preparation for my own 'fight' so thanks everyone!

I thought I'd start a thread as advised so I don't have to explain everything each time I have a question.

So, here it is..I've done the easy bit, y'know.. the writing off to the bank, working out the charges (just over £4000) etc and I'm now at the stage where nothing more can be done via MCOL. My claim has been acknowledged and they are intending to defend. So I'm just waiting now for the notice of transfer (I'm in south east London so I assume it'll be Croydon court) I've read that alot of courts don't now give out the AQ but I guess I have to wait and see what arrives.

I thought it may be a good idea to prepare a court bundle x 1 so that I have some understanding of what it all says and some feeling of control, I can then just photocopy it all if it gets to that stage but if they settle I haven't wasted lots of time, money and ink (not to mention the trees!) preparing it all x 3.

I've been very careful to do everything step by step on the advice from people on here and on the MSE forum so if anyone wants to add their tuppence, please feel free! I'm feeling very relaxed about it all at the moment but I know that'll change the longer it all takes and the further it goes, I'll be a nervous wreck if it gets to court!:)

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Ok, here's a couple of questions if anyone can help?

As I look through this site, I find useful links to things which I feel would benefit my court bundle, for instance a link to some lloyds t&c's stating breach of contract or a bbc news report stating charges only cost banks a few quid. Would I have to change the witness statement to include reference to these or do I just include them and write it on the list? (can't remember if the list has a name, the checklist of letters, items etc)

 

Secondly, LLoyds acknowledged on MCOL on 13/06/07 and then the next day it said defence. I still have not received the notice of transfer to my local court or anything else. How long does it take?, obviously its only been a few days but the other letters came immediately.Would it be worth giving MCOL a ring? The 28 days is up on monday 2nd July but I don't think this still applies.

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Ok, Finally I received the notice of transfer yesterday to Lambeth court surprisingly, hoped it would be croydon!

When I filed through MCOL I didn't know that I needed to send them a copy of the spreadsheet so I'm going to send a copy now, Do I just ask Lambeth to attach it to my file or do I need to word it in a particular way? And do I just send the spreadsheet or do I need to attach anything else? I assume I need to send an updated copy to SC&M too.

 

Can anyone please advise? or point me to a thread that can?

 

Also, I've realised that somehow I managed to work out the interest wrongly and so my initial claim is less than the updated spreadsheet, I know I can't accept anything more that the charges anyway unless it goes to court but will it be a problem if the interest has increased the total when I send my updated spreadsheet in?

 

To work out my daily rate is amount of charges x 0.00022 = £3637 x 0.00022 = 0.80 is this correct? seems too high!

Does the spreadsheet work it out automatically at this rate or do I have to enter the rate somewhere?

 

Lots of thanks to whoever can answer!

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Yep, the daily rate of interest is just £3637 (your charges I assume) x 0.00022 = 0.80 or just 80p a day..A sight less than the banks commercial rates :mad:

You'll find the spreadsheet here:-

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

I used the England - Simple Excel version to calculate my charges. That one adds up the interest for you. I'm no whizz at spreadsheets..far from it :confused: , but I managed to fathom it out :D

 

Shameless self publicity time now...Give Me scales a click if you think I've helped ;)

 

Cheers

 

McIavelli (I'm not that devious really)

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Quote:

Originally Posted by littlep viewpost.gif

Filled in Claim form on MCOL – I used Money Saving Expert for guidance filling in the form and I’m worried I’ve messed up.

 

This is what I put;

  • Between 08/09/03 and 7/05/05 the defendant debited numerous charges from the Claimants account.

  • The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.

  • Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.

  • Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals £63.13 accruing at the daily rate of 0.021% until judgment or payment.

p

 

 

This is also what I did and now am worried that I need to amend my claim for being too vague. I have had my notice of transfer and a standard ( i think) 9 point defence and there is no mention of my poc being too vague. I've tried to call the court several times and it just rings out. Is it a case of "if in doubt, amend"? or will that work against me? Would it be better to amend now or wait and see if the court requests more info?

 

I also wonder if the 0.021 is right? I keep reading to multiply your charges by 0.00022 to get a daily rate, is this the same thing?

I did my charges on the calculator on MSE originally to send claim etc and then have just used a spreadsheet on CAG to smarten it up and the charges total is the same but the interest is alot different, normal difference or another reason to amend?

I'm getting stressed now as I thought following the steps on MSE meant I was doing it all right, now I'm not so sure! Any advice would be welcome.

 

Sorry, put this on the 'vague claims' thread, I think it should be here. At least I have an answer to the interest bit!

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  • 2 weeks later...

Right, an update. I didn't amend in the end on advice to wait as everything was accepted so I simply sent a schedule of charges to the court and [problem]. I'm still waiting on a court date and when to pay the £100 so I'll chase that up but today I have come hone from work to a letter from [problem] saying that that they are defending the proceedings on the grounds that 1)the fees I seek are properly incorporated into my contract with the bank and that 2) if I make payments when I have insufficient funds to cover them its a request for an overdraft and then I have to pay fees, no breach of contract blah, blah, flippin' blah. Those bits I get and they just irritate me because thats what the whole argument's about anyway.( and by the way, lloyds, if you bounce a payment then you are obviously NOT increasing the overdfaft in which case the charges shouldn't apply!)

The next bit though says I need to contact my branch manager within 14 days to review my account as "looking ahead, a situation which gives rise to dispute is not one the bank wishes to continue" and " a review may be useful to consider whether your current banking arrangements are the most appropriate for your needs"

 

I take this to mean that they are threatening to close my account, Am I right? Please can anyone advise whether I actually need to ring the branch manager or is this just a stalling technique? If they think I will cancel the claim on the back of this letter they have another think coming!:mad:

The letter says that they want confirmation that I have called the manager, I'm happy to call him but I need to be confident in what to say, I'm sure I read that they aren't allowed to close accounts, what do I say to them about that? I have a parachute account so its not the end of the world if they do. Has anyone else had this?

Thanks for any help!!

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First things first. They can't close your account whilst you are in dispute with them. I'm really sorry but I have to go out now so I don't have the time to look up the link that deals with this However I'm sure someone far wiser than I will be along shortly to help you out

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Hi

I wouldn't worry too much about the letter, it is a standard one that I have seen numerous times on here lately. It usually means that there is another letter following soon....:)

Good luck, let us know how you get on.

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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Thankyou!

It really does help to have someones opinion, no matter how small the question! I can see how people are easily intimidated in to giving up, I'm usually quite strong minded and confident but this whole bank thing has me worried that any thing that I get wrong, even a spelling mistake, the judge will personally tell me to get lost!

Thanks again:)

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Well!

 

Good News!

 

I had a letter from [problem] today Which surprised me as I only had one the other day, Anyway, Its a long 2 page job with the first page marked "strictly without prejudice and confidential" and then it rabbits on giving me 5 points as to why Lloyds are defending my claim (its not a penalty and my claim is misconceived etc)

At the bottom theres a paragraph about Lloyds discussing the legal basis for claims with the OFT and then what I read as them giving in because of legal costs so when I turn to page 2 they're suddenly offering ALL my money back + interest + costs!

 

:o and :-D

 

I have questions though if someone legalish could advise please?

 

Like alot of people, I have some terms and conditions to agree to. Most I'm happy to but there are one or too that I don't think I should have to.

 

Can I just put a line through any and sign or will it affect the settlement?

 

I assume full and final settlement of the claim means this claim only? My claim only went to april so theres a bit more I'd like to try and get off them up to july in a 2nd claim.

 

also, they have listed what they are repaying me but then have got the toal wrong, do I just amend that in pen?

 

And Finally (possibly!) I haven't had notice to Track yet (if thats what its called?) and so haven't paid the £100, Lambeth is a bit bogged down, Lloyds have included this in the amount though, I should check with the court?

Any help gratefully received!! Thankyou :)

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congratulations. RING them to send out fresh settlement with AMENDMENT.yes, cross off what you don't like, sign + send off.when money is in your hands, tell court.breathe + go for next claim.please click my scales, if this has been helpful.thank you.

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[sIGPIC][/sIGPIC]if my response has been of help to you, please click on my scales. thank you:)

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Well Everyone, The money has appeared in my account so I have officially Won !!

 

Could someone change my thread title or can I do that?

 

Anyway, Thanks to anyone who personally advised me and Thanks to the site in general as I picked up so much info just by reading everyone elses advise. I'll be visiting the donation section shortly!

 

Now I'm off to start a new claim so I'm sure there will be more questions soon.:D

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