Jacmol v Lloyds TSB

[jacmol]

Hi everybody. Have just started posting on to this great web site, after reading through it for weeks. I am claiming £2758.06 for my girlfriend.

 

We used all the templates from money saving expert, went through the moneyclaim online web site filled a claim, the claim was acknowledged at the last minute and then a defence was entered.

 

The case has now been moved to our local court (Yeovil) and we have been asked by the judge to submit £100.00 court fees and the list of charges we are claiming for. It appears they have done away with the allocation questionare.

 

What i cant seem to get my head around is that lloyds are saying that my girlfriend agreed to these charges when she opened this account many moons ago . How do we go about arguing against this point ? What will be the next step from the court ?

 

Any help would be great as we are both starting to panic

 

Thanks to eneryone in advance

[nicsussex]

Sounds perfectly standard for Lloyds - what defence did they file -was it their standard 9 point one?

[jacmol]

Hi nicsussex, yeh it had 10 points on the defence and counterclaim form, dont really understand any of it. Is this what they use as a standard line of defence ? What points do we need to pick up on to prove our case.

 

Thanks in advance

Jacmol

[nicsussex]

They usually use a standard 9 point defence - the fact that you have a 10 point defence may be cause for concern - can you post up the salient details of each point?

[jacmol]

1. The bank admit that the claimant has been a customer.

2. by opening an account the customer enters into a commercial arrangement.

3. if the bank makes a payment or returns the payment it provides a service as specified in the leaflet and makes charge in accordance withthe terms of the contract

4.there is no breach of contract the charge cannot therefore be a penalty

5.the customer is given advance warning of charges being imposed

6.the charges are fair and reasonable and denied that they are unlawful.

7. the custmer is notified of the charges in plain language.

8.in the premises

8.1 the charges are for banking services nor a penalty

8.2 the bank is entitled by contract to impose the charges.

8.3 itis denied that the charges are unlawful.

9. the defendant is unable to verify the amount claimed prior to the 01/05/2001 as the particulars of claim does not show how the amount claimed is arrived at

10. the claimant claim is denied in its entirety.

[redeyedamo666]

Point 9 is the extra one and it refers to charges that are more than 6 years old. Take a look at this link mate...

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81799-issues-raised-llloyds-bank.html

[jacmol]

point taken we have put down 2 charges from december 2000 that add in total to £8.66 how will this affect our case.

Sorry for all the questions

[nicsussex]

£8.66 in a claim of in excess of £2.7k will have very little effect

[car2403]

What i cant seem to get my head around is that lloyds are saying that my girlfriend agreed to these charges when she opened this account many moons ago . How do we go about arguing against this point ? What will be the next step from the court ?

 

Looks like this question hasn't been answered, so here's my two-penth worth anyway...

 

YES, she agreed to charges, but did she agree to the REDICULOUS amount of £20/£30/£35 per item? I don't think so! We aren't arguing that they shouldn't charge, but these charges should be reasonable and (as all the evidence suggests) these ones aren't...

[jacmol]

thanks car2403 thats the sort of thing we needed to hear, but will the judge see if like that ?

[nicsussex]

If your claim is correctly prepared then of course a judge will see it that way - if it ever comes to that stage (which is unlikely) however it is a slight worry that you have issued a claim against a financial institution with significantly greater resources at their disposal than you have, yet have not fully got your head around the basics of your claim. Personally I would suggest that you need to read as much as you can on here so that you understand fully what you are dealing with.

 

Rant over!

[car2403]

I agree with that, BUT you don't have to fully understand the legal issues to complete your claim - you WILL have to have that understanding if you get to Court and the Judge decides to hear the case without the Defendant attending, which is highly unlikely.

 

The Banks are playing the system against us, so I wouldn't put anyone off playing them right back - just be prepared to spend a few weeks before your hearing date preparing and use the templates on here to make sure you're covering everything off - if you even get that far!

 

It is best to look around the site, but if you have any questions post in your thread and someone usually replies - the problem I've found is that the site is so huge you tend to get lost, so a simple post for a nudge in the right direction has been invaluable to me in my 4 (count them! 4!) claims via the Courts. (Oh, and 3 with the FSO!)

 

[nicsussex]

It is never too early to understand the basic argument behind your claim and not doing so will POSSIBLY weaken your case.

[jacmol]

Cheers for your comments guys thay are all great. Am sending off a cheque to the court tomorrow for £100.00 for court fees plus a copy of our charges to the judge as requested so will keep you posted of the developments

 

Cheers again

[nicsussex]

will keep you posted of the developments

 

Please do - and in the meantime as I have said - READ! and if you can't find an answer then shout someone here will be along to help you out.

[jacmol]

Hi everbody,

 

Just a quick update on our case. We recieved this letter to day from sechiari clarke + mitchell:

 

REQUEST FOR FURTHER INFORMATION

 

As you are aware, we are instructed by our client Lloyds TSB Bank plc.

 

We have been instructed to write to you as ou Client is, entirely on a without prejudice basis and with no admission whatsoever to liability, minded to enter into settlement negotiations with you but before doing so, we are told that there appears to be a discrepancy in what you are seeking by way of a refund of Bank charges.

 

We note from your pleadings that you are claiming (alleging) that various deductions were made from your account over the past few years, but you do not specifically say when and how.

 

In light of this, can you please provide is with the following information by return :

 

1. Each an every individual amount of the charge that you are claiming and are disputing.

2. The date of each and every charge that you say was deducted from your account

3. How you calculate any interest

4. How you calculate the sum of £x and

5. Confirm your sort code and bak account Number(s).

 

Does this mean we can just send a copy of our spreadsheet showing all the charges ?

What do they mean by "settlement negotiations"

 

Thanks in advance

 

Regards

Jacmol

[nicsussex]

Yes send a copy of your schedule of charges. They mean that they are going to pay you!

[BARTY]

Hi

Yes send them a copy of your spreadsheet, with your account number and sort code on.

Good luck!

Barty:)

[BARTY]

Echo...echo...I'll go now, shifts over:)

[jacmol]

Thanks Barty and nicsussex

 

Will they pay the whole amount or just make an offer ?

[nicsussex]

Echo...echo...I'll go now, shifts over:)

 

Another half day for Barty!

[BARTY]

Another half day for Barty!

Hey cheeky, I'm back!

[nicsussex]

Does that mean I can go now?

[car2403]

Thanks Barty and nicsussex

 

Will they pay the whole amount or just make an offer ?

 

Well, they'll have to because you shouldn't settle for less than the full amount in my opinion - if they offer less than that, just continue with your claim until they cave or the Court awards in your favour.

 

Only you can make the decision, "how much is enough?", though...

 

[BARTY]

Does that mean I can go now?

can you come back on at 9, I'm going to watch Big Brother;)

 

Sorry for hijacking jacmol:)