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

[Guss0973]

Hi,

 

I received my notice of issue. My claim was issued on 8th May it was served on 16th May, Lloyds acknowledged and so I worked out they had until 23rd (Monday)

 

I've not heard anything - but just called the court, who hadn't sent me their defence and the questionaire.

 

I'm going to collect all this today - so now I need to print all the info etc. Could someone send me the thread listing everthing I need to supply?

 

I'm really stressed out now!!

 

Thanks

 

S.

[BARTY]

Hi

Are you wanting to fill in the AQ? If so these links should help:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

There is no need to print anything out yet. Is it the standard 9 point defence?

 

Good luck!

Barty:)

[Guss0973]

Hi,

 

I just got their defence through the post but no questionaire so I'm not sure whats going on??

 

The defence has 10 points, point 9 consitist of 3 parts, is this normal??

 

Sophia

[BARTY]

Hi

Looks like the Court may not be sending an AQ, have a read of these links:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html#post695176

 

Can you want to post up (briefly if it helps) the 10 points?

 

Barty:)

[Guss0973]

Their defence reads:

1. the Defendant Lloyds ....... It is admitted that the Claimant has been a customer of the bank at all material times.

 

2. By opening an account with the bank, the costomer enters into a commercial arrangement with the bank for the provosion of banking services..................

 

3. By maintaining the account in credit, or within any limit agreed the customer may avoid most if not all charges. If the costomer fails to ensure that there are insufficient..........

 

4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss.

 

5. The customer is given advanced warning of charges being imposed; ....

 

6. The charges are fair and reasonable, and it is denied that they are unlawful.

 

7. The customer is notified of the charges in plain intelligible languageat the conclusion of the contract, and on each monthly statement.

 

8. Furthermore the Claiman's claim appears to be misconceived in that the Claimant is seeking a refund of overdraft interest. There is no claim for refund of the authorised rate interest as it is contractually due and is a core term......

 

9. In the premises:

9.1 the charges are for banking services, and are not damages nor a penalty;

9.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable;

9.3 it is denied that the charges are unlawful or contravene any statute or regulation.

10. The Claimant's claim is denied in it's entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank.

[BARTY]

Hi

Looks like you have claimed (un-reclaimable) o/d interest. I wouldn't worry about it now, but what will probably happen is that when they settle, Lloyds will knock this part off your claim. If it does happen to get as far as going to Court, make sure you have with you an updated schedule of charges with the o/d interest knocked off it.

Barty:)

[Guss0973]

I just checked my schedule of charges it's your spreadsheet I used and only have listed O/draft excess fee, Unpaid D/D, Unpaid S/O in the left column and I just complete the Interest on interest column on the right - it is the one with the blue and yellow columns - is this not right??

 

I remember asking you guys about this when I did it and was sure I'd done it correctly??

 

Can I email it to you to confirm?

[BARTY]

Hi

I have checked out one of your other threads and I advised you to leave out the o/d interest as it is too complicated to work out:

http://www.consumeractiongroup.co.uk/forum/show-post/post-686374.html

 

I would just leave it now, it will be all sorted out when they settle.

Barty:)

[Guss0973]

Hi

 

I received a General Form of Judgement or Order from the court today, it says that the defendanet has until 4pm on 16th July to serve a document answering the questions:

 

Is the case intended to be contested to and at trial?

Does the Defendant intend to apply to adduce expert evidence?

 

Is this a court date??

 

Should I begin to put my "bundle" together as it mentions no more than 7 or less than 3 working days I should file my Bundle??

 

Should I expect to hear from Lloyds at this point?

 

Thanks

 

Sophia

[Kazzie]

Hi Guss

 

I'm not too sure but i think this means it will be a Preliminary hearing (though i could be wrong:confused: ). If so then this should provide some helpful information:

 

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

 

This will bump your post up and hopefully someone in the know will answer your questions

[nicsussex]

Did you and Lloyds have to complete an AQ?

[GaryH]

Hi

 

I received a General Form of Judgement or Order from the court today, it says that the defendanet has until 4pm on 16th July to serve a document answering the questions:

 

Is the case intended to be contested to and at trial?

Does the Defendant intend to apply to adduce expert evidence?

 

Is this a court date??

 

Should I begin to put my "bundle" together as it mentions no more than 7 or less than 3 working days I should file my Bundle??

 

Should I expect to hear from Lloyds at this point?

 

Thanks

 

Sophia

Thats one fed up judge by the looks of it!

 

He's telling Lloyds to reply to him confirming whether or not they are actually serious about defending the claim.

 

IF that is all the order says and there is no other order then you don't actually need to do anything at this stage. Just wait to either get settled or to receive further instructions from the court.

 

Which court is it please?

[Guss0973]

Hi!

 

It's Guildford Coumty Court.

 

That is all it says I was quite confused!

 

So should I start to put my bundle together or not?

 

Sophia

[Michael Browne]

Is the case intended to be contested to and at trial?

Does the Defendant intend to apply to adduce expert evidence?

 

The only possible answer Lloyds can give is 'We're not sure'. Either a yes or no and they're stuffed.

 

I think you will recieve a settlement offer fairly soon.

[GaryH]

So should I start to put my bundle together or not?

.....

IF that is all the order says and there is no other order then you don't actually need to do anything at this stage. Just wait to either get settled or to receive further instructions from the court.

[ukcrow]

Im in the same boat Guss if you want to mull over my thread (Ukcrow v Lloyds TSB)..

 

Off to catch some shut eye but will be good to see how this all pans out.!

 

TaRa.

[ukcrow]

Hi Guss, have you heard anything yet?

 

Just phoned the court and they haven't heard anything from SC&M.

[Guss0973]

Heard nothing as yet??

 

I'll call the court again. But I don't understand what happens now as the deadline the court gave was yesterday so should I put my bundle together?

[ukcrow]

Not yet, I'd save on the colossal amounts of paper and ink!

 

I believe that we have pretty much won by their defence being struck out. Although this hasn't officially happened just yet, i am sending the following letter to court this morning;

 

To Whom it may concern,

 

I refer to the matter above and the order made by His Honour Judge Reid dated 02nd July 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served a document, as specifically directed in direction 3.

 

Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984).

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

 

Yours Sincerely

 

I believe even if SC&M file their document late, as they may well do! - the court in our case will not be as lenient as they might have been in recieving, say, a late defence. The reason the directions were given were that our court is tired to say the least of Lloyds and their solicitors abuse of the judicial process.

 

- Feel free to copy the letter above which will request the judgement and hopefully speed the process up for you.

 

Good luck

 

 

[Dizzysmith]

Sorry to gatecrash this thread but I think you're at the same point I am.!!!

 

We're chasing the Abbey and they were due to let the court know yesterday and when my partner telephoned this morning and was told tha t nothing had been received as yet, and that he should wait for the judgement.

 

Shall i still send the judge a copy of your letter above.?

 

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly - what costs are you referring to here.? Is it the original court fee.?

[ukcrow]

Hi Dizzy, hope alls well,

 

There is no harm in sending the letter i put together, hopefully it will speed things up a little.

 

'In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly'.

 

I have included this paragraph as i intend to apply for costs, these costs will be made up of time spend seeking legal advice, producing letters, time spent preparing documents, stationary etc. You will find more information on this if you search a round wee bit.

 

The award of costs to the claimant is backed up by the following, which i will state in further correspondance once the judgement has been made by the judge. I am claiming costs due to the ignorant and inept way in which i have been treated by Lloyds and their solicitors, i have no qualms in applying for costs.

 

As a side note Judge Reid has been known to award costs of around £100

 

Further to this I believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because I believe the Defendant had no intention of ever defending this claim at a hearing. I respectfully request that the Court consider awarding costs as it deems appropriate, as outlined in the Civil Procedure Rules 27.14(2)(g):

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

 

Hope this helps, feel free to copy and paste.

 

Ukcrow v Lloyds TSB

[Guss0973]

Great - thanks Guy's!

 

I'll copy your letter and take it in by hand today.

 

I called the court and they confirmed thay have received nothing and told me to complete the Issue of notice requesting an order to pay immediately.

 

Please let me know if you hear anything and I'll do the same.

 

Thanks again!

[ukcrow]

Hey there, just managed to catch the bus from our nurses accommodation to town center in the nick of time!

I had my issue of notice with me so i filed that under their advice.

 

So there it is, i guess. We've won. Im kind of under-awed by it all really, all this palava, dragged out time wasting and ineptness by Lloyds and their solicitors. Guess i'll just kick my feet up an have a few beers.

[Guss0973]

Well the judge still needs to issue the order in our favour, I can't get excited until that happens as Lloyds have been so crap to me that I can't quite believe it will go my way until it does!

 

Fingers crossed though.

 

Sophia.

[Guss0973]

Hi,

 

Does anyone know the address to send the Preliminary letter to Lloyds Business Banking?

 

Is there anything different that happens with reclaiming charges from business accounts?

 

Thanks

 

Sophia