ROBJARV vs LLOYDSTSB **WON**

[ROBJARV]

Hello one and all..

 

I've actually been following the directions laid out on moneysavingexpert.com before coming across this site.

 

My claim is at the stage where I have sent two letters to the bank (given sufficent response time) and recently I filed my claim using MCOL.

 

My story so far:

- Checked back through my statements for charges in the last six years. (I still have them!). I then used the calculator on moneysavingexpert.com to work out the total including interest.

 

- 22nd May 2006 - Letter to Lloyds TSB asking for my money!

 

- 30th May 2006 - Standard letter from Lloyds saying No!

 

- 06th June 2006 - Letter to Lloyds informing them I'll start court proceedings in 14 days

 

- 21st June 2006 - Following no response - filed claim using Money Claim online - particulars of claim below:

 

 

1. Between 28/09/01 and 02/01/07 the Defendant debited numerous charges from the Claimant’s account.

2. 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.

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

4. Under section 69 of the County Courts Act 1984, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals £356.79 accruing at the daily rate of 0.021% until judgment or payment.

5. The Claimant asks the court to enter judgment in their favour for £1421 plus interest, totaling £1777.79.

 

---------------Updates to original post-----------------------------Updates to original post---------------

- 22nd June 2007 - Claim issued

 

- 27th June 2007 - Claim deemed served

 

- 02nd July 2007 - Schedule sent to MCOL - MCOL shows claim also acknowledged

 

- 05th July 2007 - Received Notice that Acknowledgement of Service has been filed

 

- 06th July 2007 - I THINK I'VE WON...... SEE PAGE 2...!!!!

- 07th July 2007 - Unconditional acceptance letter sent.

 

---------------Updates to original post-----------------------------Updates to original post---------------

 

I've now been scouring the pages here and see that there may be a problem with vague claims.

 

Now I'm doubting what I have done as there is so much info here to sift through and I'm completely confused!

 

Could anyone "in the know" give me some advice or encouragement please?

Do I need to make adjustments to my claim???

Should I send the schedule of the charges I'm claiming to the court at this stage?

 

 

HELP!!!

 

Thanks in advance.

RJ

[nicolefrenzy]

yes send spreadsheet of charges with the 8% interest to court with regards to your poc i am not sure if it needs amended its not the standard poc templete off this website somebody will advise you who knows abit more than me but nothing to stress about

[Charlies Angel]

Hi, I've done exactly the same as you following the money saving website. Yes, i believe you should send 2 copies of the shedule of charges and interest to the court. I've only just done mine. Somebody with more knowledge than me will give you good advice shortly.

 

Good Luck;)

[ROBJARV]

Thanks for the quick replies! I'll get the schedules sent off with account details, when I opened the account with TSB and my claim number etc. tonight.

 

Do I need to send copies of the letters aswell or does that all get done later on if it goes to court?

[nicolefrenzy]

i suppose you could wait for Lloyds defence before you change your poc if you get the standard 9 point defence then you may not need to change your poc if you do change it use the templete of this website it would cost you £35 which you cannot claim back

[nicolefrenzy]

just the list of charges

[Charlies Angel]

Hi again,

 

There is a Good letter to send with your shedule on the thread Gem V LLoyds posted today.

[ROBJARV]

9 point defence. . . . I guess thats something I need to find out about..

 

Thanks for your help Nicolefrenzy:-)

[ROBJARV]

Hi again,

 

There is a Good letter to send with your shedule on the thread Gem V LLoyds posted today.

 

Thanks CharliesAngel, I'm posting the link here so I can find it later when I'm at home!

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/75755-gem-lloyds-2.html#post947397

[ROBJARV]

Just out of interest...

 

Has anyone had there claim settled in the courts in Reading, Berkshire??

 

Were they all won?

[ROBJARV]

Can someone confirm for me... From the date that I issue my claim, how many days do I have to allow for it to be served?

 

I remember it as 5 days to be served and then 14 days from that day is a win by default if no defence is presented????

 

Is that right?...

[BARTY]

Hi

Yes about 5 days for it to be served. Then 14 days for them to acknowledge and then 28 days from the date it was served for them to enter a defence. But I would give them a few extra days after the deadline. And when you have given them extra time, have a read of this:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

Good luck, let us know how you get on.

Barty:)

[ROBJARV]

Thanks Barty! This is all so confusing!

 

I'll just hang fire until I get a defence, (or not) and take it from there.

[ROBJARV]

My god I wish I found this site before I actually started my claim!

 

As I had my statements for the last six years I didn't send of a Subject Access Request. I'm now starting to think, (since seeing the template letter on here), that I should send it anyway and get the information.

 

I reckon I'm going to have to adjust my claim anyway so could start a fresh with all the correct/confirmed info. Is this a good idea ??

 

Also, can you request the history of T&C's by using an SAR?

[GuidoT]

Reading is usually a very good court, one very robust judge there, I had an abuse strike out of the defence the other day and it is far from the only one:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/58470-guidot-abbey-abuse-strike.html

 

5 days deemed date of service from date of issue, 14 days to acknowledge and 28 days to file full defence. The date of issue is as stated on the sealed claim form that is returned by the court.

 

A win by default is not what you want really, it creates more problems, it is better they file a defence, in any event the courts will give latitude by a few weeks on dates anyway, so there is little point in counting down the days.

 

Did not refresh my browser, this is responding to posts 11 and 12.

[GuidoT]

My god I wish I found this site before I actually started my claim!

 

As I had my statements for the last six years I didn't send of a Subject Access Request. I'm now starting to think, (since seeing the template letter on here), that I should send it anyway and get the information.

 

I reckon I'm going to have to adjust my claim anyway so could start a fresh with all the correct/confirmed info. Is this a good idea ??

 

Also, can you request the history of T&C's by using an S.A.R - (Subject Access Request)?

 

No need for SAR if you have your statements.

 

Why do you need to adjust your claim, if your particulars are inadequate you should amend? If you amend your claim it will cost you £35 non refundable and delay matters.

 

No sure on your T&C point. By the time you get around to preparing your bundle (if you do at all) the appropriate T&Cs should be on available on this site.

[ROBJARV]

I'm thinking of amending the claim because when I started doing all this, I was using the templates on moneysavingexpert.com.

Now, after reading all the details on this site I see that the process is a lot more in depth and that the templtes on MSE don't really cover everything outlined here.

 

Also, I've just finished editing the schedule that i'll be sending to the court.

I orginally used the calculator spreadhseet on MSE, so I've added to it, all the relevant information that is covered in the template in the CAG library..... only this now means that it is different, (in layout, and content), to the original version I sent to the bank with the first two letters.

 

Does it matter that I send a slightly different schedule to the courts? Ultimately the figures are the same, only now it has all my acccount details and "in respect of" information on it. Will it matter?

[christinajanep]

hi

 

you can change the schedule up until u file at court so u can go ahead

[ROBJARV]

As time has moved on from when I first did the schedule, obviously the interest has gone up due to the amount of time passed.

 

Should I send the schedule with the interest total as it was when I filed my claim?

 

Or should I send the schedule using use the higher interest figure as it is now?

 

Or shall I leave the interest as it is and wait until I win;), and ask for the extra interest up to that day in court?

[GuidoT]

You do not update the interest on the schedule, it should tie in with the sum per your filed claim.

 

Your claim form should contain a daily rate for interest that will take care of the interest that has accrued since filing.

[ROBJARV]

Yep, daily rate of 0.021%. Pheeww!

 

Thanks GuidoT,

As my account details were not in my particulars of claim, (MSE template didn't include it), I have added them to the top of the schedule I am sending the court. Will this cover it?

 

Should I send a copy of the revised schedule with bank details to Lloyds or will this be done by the court?

 

I'm just worried about the "claim to vague" thing.

 

(p.s.I've also pm'd this question to you just in case you don't came back to this thread.)

[GuidoT]

In case you are not aware and as you filed using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed as below:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Your faithfully

 

Dear Sir

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[ROBJARV]

Thanks once again GuidoT! It's not surprising you are a site helper!

I had that letter ready, but i didn't know to send two copies. Why is that?

 

I don't know which solicitors are dealing with this for Lloyds yet so will wait to hear from them before I send the schedule.

[ROBJARV]

So.. the day I send my schedule to the courts is also the day that my claim is acknowledged by Lloyds.

 

Here we go......!

 

I guess I can do nothing more now until the defence arrives!

[ROBJARV]

Today I received a Notice that Acknowledgement of Service has been filed. SC&M intend to defend in full.

 

Is it now that I should send my schedule to SC&M or do I wait till I get an aknowledgement form the courts to say they have received their copies?