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No money as yet - but Lloyds are taking me to court for O/D!!!


Guss0973
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I sent my first letter 3 weeks ago and have received my standard reply, which I note has been slightly personalised with my name entered a few times through it, but of course the computer generated signature is a dead give away!!

 

Anyway do I send my LBA letter straight away today or do I have to wait for the 40 days to be up.

 

I assume I automatically send the LBA letter and not a reply to their letter, which basically just goes on about how they feel the charges are reasonable!???!

:confused:

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Ok the 40 days are for the SAR request, I assume you have your statements and are now asking for the cash back, then its 14 days for the prelim and 14 days for the LBA. So yes is you have sent the prelim then send the LBA. Have a read of the step by step instructions these will guide you through the process.

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In both my claims I noted the interest as an element in my LBA, it does not make any difference in the long run. It is likely you will have to 'go legal' so you will have to include the interest eventually.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Cool, all sent recorded - think I'll start filling in the court forms now, as after reading a lot of the others claiming against Lloyds it sounds like they don't actg until then anyway!!

 

:rolleyes:

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  • 3 weeks later...

Hi,

 

I have sent my Prelim letter and received the standard LLoyds response, so then sent my Letter before action which I've had no response as yet, D-Day to start action is tomorrow so I'm just reading my small claims self help pack and will complete my N1 to send tomorrow.

 

It says in the pack that I should telephone adversary, I'm not keen on doing this as I get flustered on telephone calls and I'm nervous, is it something I should do or shall I just send the paperwork?

 

I'm nervous about completing the forms as I scared I'll get them wrong, does anyone have any advice???

 

A Nervous Sophia!!

 

:eek:

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Always best to get things in writing just in case you need to refer to them later on but at the end of the day a phone call would not do any harm.

 

If you are in an panic take a few moments to read other Lloyds threads as there is more than likely a chance that someome else has been in the same position as you are in now.

PPMAN159

 

If this comment has helped please click on the scales.

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Hi Sophia

I wouldn't bother ringing, you won't get anywhere.

This link should help you with the N1:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

Good luck, let us know how you get on, if you need any help, just ask.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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  • 3 weeks later...

I received my Notice of Issue from the court dated 8th May it was deemed served on 16th May, I've not heard anything from LLoyds except that they have now cancelled my Overdraft fascility and require the full £2000 returned immediately and until it is they are charging me 2.20% per month.

 

If they refund my charges I would receive £2372.71 so obviously this would sort the overdraft.

 

What should I excpect? Does it usually take Lloyds this long to reply to the Notice of Issue and what do they usually reply?

 

I am getting really stressed with this now.

 

:mad:

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Hi,

 

Just registering an interest - LTSB s**m bags to have cancelled your OD.

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Hi Guss,

 

Lloyds will have 14 days from the date the claim was deemed served (16th May)to enter a defence. However, they normally return a sevice of acknowledgement just before the 14 days are up, giving them them an additional 14 days on top to enter the defence. So it's normally about 1 month before a defence is entered. Then it's a matter of when the court sets a hearing date. This can vary, but Lloyds usually settle before this final date.

I too recieved a letter demanding repayment of a loan and my overdraft within 7 days... but my claim was settled within the 7 days, and they used the claim money to settle the loan arrears. I spoke to Lloyds prior to the settlement and they agreed a repayment scheme for the overdraft and loan.

If this has been done in retalitary action to your claim, you should write and complain to the OFT. The banks should not be doing this.

I asked Lloyds as to why they had made the demands, but they guy on the phone seemed genuinely unware of my claim. The demand had come from [problem] (Lloyds solictors defending my claim) and it's baffling as to why they sent them out only to send me a full settlement days later.

 

Don't let them stress you out! Give them a ring and tell them you can't pay it, and ask for time to repay the arrears.

 

Hope this casts a little light.

 

Pondy :)

LloydsTSB - Current Account claim £5,554 settled unconditionally 25.4.2007 :D

If the Pondfish has helped click his scales! ;-)

 

Please donate to this site if you can! :-)

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8 threads merged, pls stay on 1 thread per claim.

 

Just write to them and tell them that as soon as they refund your charges, you'll pay off the o/draft, so it is in their interest to pay you back asap. Add that as the sums owed are in dispute, any attempt to default you or pass the alleged debt to a DCA will be vigorously defended, and their actions brought to the attention of the judge. Also tell them that independantly from your court claim for unlawful charges repayment, you will complain to the FOS about what can only be seen as retaliatory action.

 

Edit: The FOS, Pondfish, not the OFT. ;-)

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I have still not received anything from Lloyds since my notice of Issue was sent. It tells me on there that they have until 30th May to reply. What do I do tomorrow if they don't reply?

 

Is this normal??

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The same happened to me and they had until midnight yesterday to reply. I went onto Moneyclaimonline and issued a request for judgement as the defendant has not filed an admission or defence to my claim. I have no idea whether this means they have to pay me, or whether they can still defend my claim? If anyone reading this can help at all I'd be very grateful.

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Guss,

 

Once the 28 days are up from date of MCOL being served you can then access your calim and go for judgement on the grounds they have not submitted a defence.

 

Your notice of issue will state the date that the papers are deemed served. This is usually 5 days from the date you entered your case.

Nationwide - S.A.R sent 3/1/07

Statements receieved 01/02/07

Pre Lim sent 10/02/07

LBA sent 25/02/07

MCOL Submitted 14/05/2007

Case Closed - Won from NW 14/06/2007

 

 

Lloyds TSB -

Prelim sent 30/04/07

LBA Sent 15/05/07

 

OHs Lloyds TSB

Pre Lim Sent 30/04/07

LBA Sent 15/05/07

 

T-Mobile - Prelim sent 8/1/07 **WON** 18/1/07

 

 

Capital One - Prelim sent 10/01/07

Offer letter receieved 29/01/07

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Hi

Read this before you go for the Judgement button:

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

 

Good luck!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi, I received the notice of Acknowledgement today, so they have 28 days to file their defence. What should I expect once this happens?

 

I've not heard anything from Lloyds since their response to my first letter - is this normal, or do they usually try to contact to discuss??

 

Should I expect anything from them or just wait for the 28 days and a court date??

 

An anxious Sophia.

:-|

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Sophia, they only have a 28 days from date claim was deemed served. All you can do is wait and read i'm afraid.

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Lloyds have filed their defence so I am awaiting that from the court But I've received a letter from Ben Jenner of Customer Service Recovery Centre in Andover, this was sent the day after they should have responded to my court claim...

 

Dear Miss Mason,

 

Thank you for your letter dated 16th April 2007. I am sorry that you've not been happy with our response so far.

 

I am unable to add to our letter dated 11th April 2007. This is because we have already outlined our position on the points you have raised.

 

We see from our records that you have already issued a court claim for repayment of these fees and that our solicitors are dealing with this. Apart from explaining our position, there's nothing more I can do at this stage.

 

Thank you once again for taking the time to raise your concerns with us.

 

Yours sincerely......

 

 

Is this a normal response?

 

What should I expect next??

 

Sophia

:confused: :confused:

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Seems to me like they are just wasting ink, paper and postage...not to mention your time. Your claim should proceed as normal, and you should be getting your money refunded shortly. Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I got that letter after I filed my claim

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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