Auriol vs LTSB Mk 2

[auriol]

OK, having just got a default judgement in my favour on my credit card, I am up to 'second letter' stage with my current account. As this is by far my largest claim (£1385 plus contractual interest), I want to get the contractual interest calculation correct.

 

I got it wrong on my credit card, and ended up claiming less than I could have done, but it's done and dusted now and, as the claim was only for £200 in total, I'm not too worried about it.

 

I have the 8% spreadsheet (simple, as I don't have enough information from the original to manage the complex). I would, however, like to work out the correct rate of contractual interest as closely as possible.

 

So, my question is as follows:

 

Having looked at the LTSB website, it appears that the rate of interest charged was 19% APR when within my agreed overdraft, and 28.9% APR when not within the agreed overdraft. To make it simpler, I was going to request the lower rate across the board. Does that sound reasonable?

[auriol]

An additional question, how long should I leave my default judgement before chasing payment, either informally by letter or via warrant?

[GuidoT]

I would use the 19%. I take it you have default judgement in your favour for the full sum, I would write to SCM (with a copy to head office) giving them 7 days to pay.

 

See here for my letter, they paid in about 5 days of receipt:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-7.html#post921936

[auriol]

OK, I am now at the point of completing my N1 claim form to send to the court. I want to make sure I get this absolutely correct, and I'm a still confused about interest.

 

In the template from this site, when it comes to the 'Value' section on the first page, it says:

 

Charges:

Interest on charges:

Interest under s.69 County Courts Act 1984:

Court Fee:

 

Is the second of the 4 lines for contractual interest? At what rate would you charge this? Is doing this going to drastically increase my chances of this turning into a complex court battle?

 

Secondly, this is a joint bank account. Do I need my husband and I to be joint claimants?

 

Any help would be greatly received!

[nicsussex]

The second line is for O/D interest it may well be that for a claim of this size it is not worth claiming. No you can claim in either your name or your husbands name

[auriol]

The second line is for O/D interest it may well be that for a claim of this size it is not worth claiming. No you can claim in either your name or your husbands name

 

The overdraft interest is pretty high, as the charges total £1385 before I start adding anything else on.

 

How would I work out the overdraft interest?

[BARTY]

Hi

You would need to use one of the Advanced spreadsheets, it's quite complicated to work out though and often not worth claiming:

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

Good luck, let us know how you get on.

Barty:)

[auriol]

I tried to use the advanced spreadsheet, but as LTSB have refused to send me proper statements, and have only sent me a list of charges (the complaint is with the Information Commissioner), I won't be able to work it out, as I don't have the relevant account balances.

 

I've just finished filling out the N1s, and I've gone down the route of charges + s69 interest + court fees only.

 

I'll post it to the courts in the morning, and keep you all informaed how it goes.

[auriol]

OK, I filed shortly after my last posting, and LTSB had until yesterday to respond. I called the court and asked them if they had heard anything, as I hadn't and the court administrator said that LTSB haven't been in touch and that I should file my default request. I posted that off today.

 

When I got home tonight, there was a letter from the court, saying that the claim is being transferred to the Mercantile Court, and is listed for a case management conference on 12th December 2007.

 

There is a questionnaire called a Case Management Information Sheet to be completed and served a maximum of 7 days before the case management conference.

 

There is also a letter stating that there are many similar cases, so they have all been transferred to the High Court, Queen's Bench Division (Mercantile Court).

 

My questions are, why is a claim for less than £2000 being transferred to the High Court? Do I need to get a solicitor, or even a barrister? Am I still allowed to represent myself in a high court? What effect will this have (if any) on my request for a default judgement?

 

Anyone lese in a similar position, or have any ideas?

[fzrkitten]

Hi, just bumping your post - I'm soooo not clever enough to answer you!

 

Fzrkitten.

[auriol]

OK, I went to the courts and spoke to the Chancery division today. I got the answers I needed, so I thought I'd post them here in case anyone else needs to know for their own case.

 

You can still represent yourself in the Mercantile/High court.

You can still file for default, although it will be the judge's decision whether to grant it or not.

They have transferred them in the 'public interest', as there are so many cases, but it shouldn't affect the progression of the case in any other way.

 

Hope that helps someone!

[fzrkitten]

OK,

You can still represent yourself in the Mercantile/High court.

You can still file for default, although it will be the judge's decision whether to grant it or not.

They have transferred them in the 'public interest', as there are so many cases, but it shouldn't affect the progression of the case in any other way.

 

Hope that helps someone!

 

 

Hi Auriol, I'm sure it will help a great deal if similar letters come through for others.

 

Good luck,

 

Fzrkitten.

[auriol]

OK, standard 9 point defence received, and a separate letter from SC&M saying they were moving to have the case stayed until after the OFT case. It would otherwise be due in court in December.

 

My next question is therefore when I have to do anything else. The court has told me to complete a questionaire and return the responses a week prior to the case management conference. However, no-one has requested further payment.

 

Should there be an additional payment from me to the court at this point?

[fzrkitten]

Hi Auriol,

 

I would check with the court, have they asked you to pay £100 for the allocation questionnaire they want you to complete?

 

Best give them a ring and check.

 

Fzrkitten.

x

[auriol]

OK, I'm answering my own questions again, and posting up what I found in case others find it useful.

 

I called the court and spoke to them. This is what is happening at all sections of the court in Leeds, West Yorkshire, so if you have a case there, this will apply to you.

 

Those who have already been referred to the Marcantile (High) court - they will remain at the Mercantile court, the questionnaire is a case management questionnaire, not an allocation questionnaire, and there is no AQ fee to pay. These cases will continue as scheduled unless LTSB request a stay.

 

All other pre-track cases will be treated as normal, but will all be stayed until the results of the OFT case.

[auriol]

Hi Again!

 

Well, my credit card claim against LTSB has a stay pending the results of the OFT case, but the main account one is pressing ahead, and I have a court date for the Leeds Mercantile Court on 12th December. This is described on the court paperwork as a 'case management conference'.

 

There is no AQ, so, according to my paperwork, I have only to complete a 'case management information sheet', and file it with the court and SC&M at least 7 days beforehand. The bank have already filed a standard '9 point0 defence.

 

I must say that I'm very confused by the Case Managment Information Sheet, so I thought I'd ask and see if anyone can help me complete this. Has anyone had a similar sheet to complete?

 

The initial questions are:

 

1) What in about 20 words is the case about?

2)Are the parties still effective?

3) Do you intend to add any further party?

 

It goes on to ask questions about when I can provide standard disclosure, whether I intend to call witnesses, will any provide expert evidence, possibilities of ADR etc.

 

The main thing I am asking is whether this is the point at which I need to provide a 'bundle', or whether that is what the 'standard disclosure' refers to.

 

Also, I can't seem to find a copy of anything similar in the library. Would anyone have a link to a similar questionaire that someone has previously completed, so I can check my answers against previous work?

[caro]

I see you found the CMI sheet in the Mercantile forum, but I should warn you that at the last hearing in the Leeds Mercantile court, most, if not all the claims were stayed. Your only real hope of avoiding this, is if you can prove hardship by the delay.

 

Credit card claims are not part of the OFT case so you could try writing to Lloyds to point that out, and tell them you would like their agreement to have the stay lifted on that claim. If they agree you could apply to the court to have the stay removed. If they agree you won't need a hearing so the application would cost 35.00 instead of 65.00.

[auriol]

Thanks for that, I just couldn't find the Mercantile Forum at the time. I'll ask Lloyds TSB about lifting the stay after the postal strike, and I'll get the Case Management Info sheet completed.