GeforceUK Vs Lloyds TSB

[GuidoT]

This is a good link on bundle preparation:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

You should post here too:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates.html

[GeForceUK]

Thanks guys

What is refered to in the Latest Schedule of Charges? Is that the breakdown of my account charges or is it a Lloyds document?

 

GeforceUK

[GeForceUK]

Hi guys

Where can I get a copy of the Lloyds T & C 's that I can use? Please can someone send me a copy or point me in the right direction?

 

thanks in advance

 

GeforceUk

[zootscoot]

See the new document library in the bank templates forum

[brownie24]

I would not amend for now, it should come out in the wash when Lloyds offer a sum.

 

If you amend it will cause a delay and cost you £35 (that is non refundable).

 

If it gets as far as court then you need to have a corrected schedule.

 

GuidotT

 

I am helping out a friend who has made the same mistake and simply added in o/d interest and also account charges to his claim. He is now at the stage where he has to have his court bundle in by Tuesday!! SC&M have sent him a letter which states they are

 

'minded to enter into settlement negotioations 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'

 

They have then gone on to ask him to provide a breakdown of each and every charge he is claimng and how he calculated interest.

 

In the directions ordered by the judge he has to send to the court:

 

a) A schedule setting out each and every charge repayment of which is sought, sowing the account number, date, amount and reason (if any) for that charge being made;

 

b) A statement of evidence, if such is to be relied upon in support of the claim and copies of any relevant documents.

 

My query is do you think he should make formal amendments to his POC/amount claimed? Or merely wait for Lloyds to highlight the mistake and make him an offer based on what they think it should be? How would this effect his chances of success if he was to leave as is with incorrect calculations?

 

Brownie24

[GuidoT]

How much is the error for?

[brownie24]

They have calculated the claim amount to be £3050, but I have calculated it to really be £2508 - this figure takes out o/d interest and the account charge ( which I beleive are a fee for a usuage of a certain type of account)

 

Do you think he should make proper amendements based on these accurate figures? Just a bit worried about the tight timescale!

[GuidoT]

Should not hijack any more, I will respond here, I hope it is the correct thread:

http://www.consumeractiongroup.co.uk/forum/general/105894-need-amend-poc.html

[brownie24]

Soz for the 'highjack' just saw someone in similar circumstances and wanted advice:rolleyes:

[GeForceUK]

No problem on the hijack but it does raise the same issue that I have mentioned here before. I have incorrectly added O/D interest to my claim that I have submitted so far. Now that I am at the actual court bundle stage....what do I actually submit in my court bundle? Do I need to come clean and actually state that I am removing a specific amount from the total calimed as it was incorrectly calculated?

 

Regards

 

GeforceUK

[jontah 2006]

No problem on the hijack but it does raise the same issue that I have mentioned here before. I have incorrectly added O/D interest to my claim that I have submitted so far. Now that I am at the actual court bundle stage....what do I actually submit in my court bundle? Do I need to come clean and actually state that I am removing a specific amount from the total calimed as it was incorrectly calculated?

 

Regards

 

GeforceUK

 

 

try here:-

http://www.consumeractiongroup.co.uk/forum/general/105894-need-amend-poc.html

[christinajanep]

hi geforceuk, how much of your claim was overdraft interest

[GeForceUK]

Hi christianajanp

Sorry for the delay in replying I have been away on business for a few days.

After recalculating the correct amounts (taking off the O/D interests and one account charge that I had missed, the amount that I am claimimng in total is £2946.65 including interest.

I have just spoken to the court regarding changing the claim amount and have been told by the nice lady at the court that I do not need to resubmit anything just put a covering letter with my court bundle stating the error and the revised amount of the claim and send the court bundle to all parties as is normal. This she assures me will be OK. The original amount was for nearly £5000 including interest. Because the amount is less than the original claim I do not need to submit any other paperwork.

Is she right I am not sure after reading some of these threads?

 

Please advise.

 

Regards

GeForceUK

[christinajanep]

mmmm i'm not sure now to be honest it is quite a big difference but if she says its ok then i guess it is

[GuidoT]

For once, I agree with what the court staff are saying.

 

Your court bundle is not due in for another month or so, therefore I would send the corrected schedule to SCM and the court and apologise for the error.

 

This will then give SCM the opportunity to make a correct offer.

[GeForceUK]

Thanks GuidoT

I don't suppose that there would be a rough template of what I would have to say is there?

Or is it just a standard letter saying oops sorry here is the correction?

Regards

GeForceUK

[GeForceUK]

Hi All

I have drafted a letter that I will be sending to SCM. Have I missed anything?

 

Dear Sir or Madam,

 

Ref A. Account number: XXXXXXXX Sort Code XX-XX-XX

Ref B. Trowbridge County Court Claim No XXXXXXXX

 

I am writing to inform you that the amount quoted in Ref B has been incorrectly calculated.

 

The actual amount that I am claiming is £2307.50 plus as I believe that I have been unlawfully deprived of the money, £641.44 in interest which has been calculated at the statutory rate. This is the amount the court will award.

 

I have informed DISTRICT JUDGE XXXXXX who will be presiding at this hearing, of the changes to the amount in this claim.

 

I have attached a revised full schedule of the charges and interest with this document.

 

 

Yours faithfully

 

Any comments will be welcome. I will draft up a letter to the judge to ammend the amount and post that up here also, if someone would be so kind as to give it the once over it will be appreciated.

 

Regards

 

GeForceUK

[GeForceUK]

Heres the draft letter to the court:-

 

Dear Sir or Madam,

Trowbridge County Court Claim No XXXXXXXX

I am writing to apologise to the court and to DISTRICT JUDGE XXXXXX for the mistake I have made in calculating the amount quoted in the above claim, and in my Allocation Questionnaire which I stated as being £5017.28. This is incorrect by £2068.34 in my favour.

The correct amount that I am claiming is £2307.50 plus statutory interest of £641.44 thus £2948.94.

I wish to inform DISTRICT JUDGE XXXXXX, who has been presiding in this claim, of the error and ask for his clemency. I would further ask that he accept the amendment to this claim.

I have informed Sechiari Clarke and Mitchell, the solicitors who are acting on behalf of the defendant Lloyds TSB, of the error and supplied them with a correct schedule of charges being reclaimed.

Yours faithfully,

 

 

Any comments please?

 

Regards

GeForceUK

[GuidoT]

I prefer this (have you adjusted your statutory interest? it seems high):

 

Heres the draft letter to the court:-

 

Dear Sirs

 

GE Force v Lloyds TSB - Claim No XXXXXXXX

 

I am writing to advise that I mistakenly included overdraft interest when calculating the totals included in my Claim Form.

 

I included £5,017.28, whereas the correct sum is £2,307.50. Therefore the amount that I am claiming in this matter is £2,307.50, plus statutory interest of £641.44 thus £2948.94.

 

I sincerly apologise to the court for this error.

 

I have copied this letter (including the enclosure) to the Defendant.

 

Yours faithfully,

 

 

Any comments please?

 

Regards

GeForceUK

[GeForceUK]

Thanks GuidoT

I used the excel spreadsheet from this site to calculate the interest so I believe it to be correct. Thanks for the advice I will go with your suggestion.

Thanks again.

[GeForceUK]

Hi All

Holidays are now just a fadding memory and its time to try and get my head around this court bundle stuff. I have seen lots of stuff in the media about the banks now applying for a stay? I have a court date and I have also received a letter from Lloyds in reply to the adjustment letter that I have sent to them and to the court. It basically says sorry that you are upset but tough!

Back to the court bundle, I have the word document from Alan but I must be thick because that has completely confussed me with what exactly I have to put together, does anyone have a simple solution that they can send to me? Any assistance will be appreciated.

 

Regards

 

GeForceUK

[GuidoT]

I take it you have the latest bundle and witness statement to start with.

 

There is no simple solution you just have to persevere with it, it will sink in.

 

You have a week or so, so use that time well.

 

If you have specific questions then post it up.

[GeForceUK]

Thanks GuidoT for the support I will try and make a start tonight.

[GeForceUK]

Hi Guys

Just putting the court bundle together and I can't seem to find the documents I need for the Abuse of Process orders? Can anyone help please?

Regards

GeForceUK

[GeForceUK]

Sorry all

Something else that I ment to mention was where will I get a schedule of charges or is this the list of charges that I received from the bank when I requiested a list of my charges? Do I need to include ALL my statements as well as the print from the bank?

 

Regards

 

GeForceUK