Brokenbybanks Vs Dirty Lloyds

[brokenbybanks]

Please - Can anyone advise me?

 

My Allocation Questionairre has been dispensed with, but I have been allocated a court date on the 28th August. I have also recieved a letter from the court requesting that I "provide full details of each and every charge of which complaint is made specifying the reason for which it was made and the objection to it."

 

I've also had a letter from [problem] saying that Lloyds are considering an offer, but with the following passage;

 

"We note from your pleadings that you atre 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 provide the following information by return -

1. Each and every charge that you say was deducted from your account.

 

2. How you caqlculate any interest.

 

3. How you arrived at the sum of £622.31; and

 

4. Confirm your sort code and Bank account Numbers."

 

 

Could anyone help me with the following questions - it would be really appreciated.

 

a) Since my claim, I have been charged on four other occasions - can I update my claim to include these charges, and if so - does that mean I have to change the start date of the claim (i.e. six years from now, rather than six years from the date I made the MCOL claim)?

 

b) since my original MCOL claim, the 8% interest I included will have increased by approx two months worth - do I include this additional sum when submitting the charges to the judge?

 

c) When the judge asks for my reasons and objections to each charge, should I address each individual charge, or can I include a passage that deals with the charges as a whole?

 

d) I understand that the 8% interest is only awardable by the court - should I acknowledge this in my response to [problem]? I calculated the charges on Martin Lewis' site, should I also reference the site in my response to [problem]?

 

e) I sent Lloyds a schedule of charges as per martin lewis' site in May - why are [problem] now saying they do not have this information? Surely they can get most of the information they are requesting directly from Lloyds?

 

Finally, and MOST importantly;

 

f) My original MCOL claim was made before I was a member of CAG, and the POC was pretty brief - Can I just follow the instructions on this site for filling in the POC section, convert it into letter form, and send that to the judge?

 

Any help on ANY of these points would be brilliant!

[Michael Browne]

I "provide full details of each and every charge of which complaint is made specifying the reason for which it was made and the objection to it."

 

Is that all the Direction says. If not can you post the exact wording, and when do you haqveto reply by?

[brokenbybanks]

Hey MB

 

The exact wording is as follows;

 

"DEPUTY DISTRICT JUDGE EDWARDS has considered the statements of case and allocation questionnaires filed and allocated to the small claims track."

 

"the claimant shall by 25th July 2007 provide full details of each and avery charge of which complaint is made specifying the reason for which it was made and the objection to it."

 

It then goes on to say that the hearing will be on 28th August, at Aylesbury county Court, and is expected to last no longer than 30mins -

 

"Each party shall deliver to every other party and to the court offices copies of all documents on which he intends to rely at the hearing no later than 14days before the hearing."

 

I realise this seems a bit last minute, but I've taken two days off work to make sure I get it done, and I'll deliver my response to the court in person Tomorrow.

 

Thanks for your interest.

[Night Owl]

Hi brokenbybanks,

welcome to the CAG Lloyds thread.

I am by no means expert on this but can only go on past experience.

 

"provide full details of each and every charge of which complaint is made specifying the reason for which it was made and the objection to it."

Send a copy of your schedule of charges to the court.

 

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

Send SC&M a copy of your schedule too.

a. Once you have put a claim through the court process I don't think you can change the amount if further charges are added. You can't change the start date of your claim once started.

b. yes I think so.

c. don't worry about this at this stage.

d. I started on MSE too! then found this great site. Just send SC&M and Court what they ask for.

e. Once you are going through the court process Lloyds don't seem to talk to SC&M cause I kept sending SC&M things I knew I had sent to Lloyds. You are now dealing with SC&M and court only now.

f. did the defence specify a "vague" POC? if not don't worry.

Advice from now read the threads and ask questions. There are lots of very clever people out there.

Read the advice threads and stay one step ahead.

Good luck

Night Owl

 

 

 

 

[brokenbybanks]

Hi Night Owl, thanks so much for your help.

 

Just one point of clarification...as regards c) - it does say in the letter from the court that I should specify the reason fro each charge AND the objection made to it?

 

Is that just court jargon, or do I have to argue against each one quoting the typical arguements against lloyds defence - i.e. these are not service charges...

 

Gawd bless you 'elpful people.

[Michael Browne]

OK first your original questions:

a) No you can't add new charges. once this claim is settled you can claim again

b) no

c) Covered by the new POC's

d) Send the new schedule (see below) to SCM

e) MSE calcuator is no good because it doesn't list the description for each charge (unless you entered that by hand in the blank left hand column)

 

You will have to send a fuller POC. See here:

Abbey National V Me & the Defence

 

and enclose a detailed schedule of charges. Use the Simple S/S here:

 

http://www.consumeractiongroup.c o....eadsheets.html

 

See here for a visual guide:

Maisielou v Barclays - SETTLED!!

 

When entering your charges, don’t delete anything first. Just overwrite the existing examples: type of charge, amount and date.

 

The ‘Days Since’ and ‘8% Interest’ columns will be calculated automatically

 

Save it and print out as your schedule of charges

 

Enclose brief covering letter:

 

FAO DDJ Edwards,

Court Manager,

Aylesbury Court Address.

 

Dear Sir,

 

Claim No: XXXX

 

Further to the Direction issued by DDJ Edwards Dated xx/xx/xx I enclose

full details of each and avery charge of which complaint is made specifying the reason for which it was made and the objection to it.

 

Yours sincerely

[brokenbybanks]

Michael Browne - U r a star.

 

Brokenbybanks - mendedbyCAG.

 

[Michael Browne]

Once you have saved the s/s. Because this calculates to toiays date you need to 'backdate' it. Click on the time in the taskbar. reset the date to the date you originally filed. Open the s/s and print out. Reset date.

[brokenbybanks]

Just re-entering my schedule of charges and have noticed what could be a school-boy error!

 

My first charge is from 11/02/01 - six years from when I first wrote to Lloyds contesting my charges. However, when I finally made my MCOL claim it was May, and I included a charge from that month.

 

Therefore my claim runs from 11/02/01 to May 07 - more than six years!!!

 

I've read on some threads that the six-year rule may not apply - in which case I presume my claim is okay - Can anyone confirm this, or have I made a booboo?

[Michael Browne]

You have3 options.

 

1 Leave them in. Lloyds or SCM haven't objected to them, But they may well just refuse to pay those when settling'

 

2. Exclude them. Which will make a different total to the amount you filed for

 

3. Include s32 of the Limitations Act in your POC's and go after them aggressively and refuse to settle unless they are paid.

[brokenbybanks]

Michael - sorry to be a pain, but I'm having a bit of a problem opening the spreadsheet with openoffice - I still have my original schedule of charges from Martin Lewis' site and - as you say - there's a blank collumn on the left hand side - I'm guessing I could just go back through my statements and fill that collumn in by hand? Either that or just set it all out in a table - the interest calcs should still be good?

 

Am I right in my (wishful) thinking?

 

Cheers,

 

Jim

[brokenbybanks]

Hey Michael - Thanks for that - I'm overlapping you slightly so please excuse any confusion. Will option 2/b (changing the amount of the claim) have a negative effect? or is it a matter of scale (i.e. a few pounds is unlikely to cause a stir wheras a few hundred will get the case dismissed!)

 

Hopefully that'll be the last of my pestering! Thanks so much for your time and help.

 

Jim.

[Michael Browne]

Spreadsheet: Online & Simple to Use

iCalculate

 

If you don't have Excel, Works or OpenOffice, or you don't like spreadsheets, this is an easy to use Simple 8% spreadsheet

 

You can save the file and go back in x days or months and add new or remove incorrect items as need be. The program will then recalculate the charges and interest which can be printed out or saved.

 

The program will save any number of files, so it is possible to do one file for each account i.e. credit card or bank account

 

Out of a) or b) I'd go for a), your calim won't be struck out because of it and they might just pay it, Don't ask you don't get.

[brokenbybanks]

Be-A-Utiful MB.

 

iCalc works a treat, and a) sounds like the way forward. Now I just have to print out the letters/schedule, drive to Aylesbury in the morning and send [problem] the info. Even though they say they're minded to make an offer, I'll believe it when I see it, and not before!

 

Hopefully, in one court bundle's time, I shall emerge victorious!!!!

 

Once again - Your help has been INVALUABLE. Thanks v. v. much.

 

Jim

 

[Michael Browne]

iCalc works a treat,

Good, remember to put the 'to' date as the date you filed, that the totals should be the same as when you filed.