Price v Lloyds TSB

[moosetastic]

ok, so here goes,

 

just about to submit my moneyclaim. I have a few questions -

 

What address do i put in the Defendant address?

Do I reserve the right to claim interest? yes or no

 

I have copied the statement of claim from another post. Do I also have to attach the full spreadhseet with the calculations on it or is it just enough to list the totals?

 

Thanks in advance for the help

[moosetastic]

well, after looking around the forums while waiting for an answer to my questions, I found the answers anyway. Moneyclaim submitted last night! Here we go!

[freebird]

sorry, not been on line, good luck

[moosetastic]

hiya freebird, thats ok, not many people been about at all, I dont take it personally hope you are well xx

 

had my letter from the court, it will be deemed served on the 6th, cant wait now. i know ita gonna be tough, and ive skinted myself to pay the court fee, but more determined than ever to win this money back and celebrate another victory for the little people!

[freebird]

how you getting on Moo, I've had some other situations etc to sort so I've not been on line much.

I'm trying now to forget about my claim until I hear something, I was counting the days and willing Lloyds to respond early but like I've said before, a watched kettle never boils eh ?

I'm focussing on family issues right now and something else I'm sort of working on.........

then I'll get a nice surprize when Lloyds realize they can't win !

[moosetastic]

not doing too badly freebird, major money worries at the moment with my hubby not working due to losing his job with having depression. he is on the mend though, and started a work prep through the job centre yesterday so hes well on the road to recovery.

 

this money will be a relief when / if i get it. i cant let myself believe that its gonna come though. i dont want to be dependant on it coming, but its kind of hard not to feel this way when you have immense money problems.

 

im not treating this as the answer to my problems, but im sure it will go someway to relieving the pressure. it was my 1st wedding anniversary last week, and its times like that, that you realise that there are more important things than money

[moosetastic]

right, well, received my acknowledgement of service today. it was served on 6/09/2006 and the solicitor is Sechiari Clark and Mitchell, who intend to defend all the claim

 

got 28 days to wait now............. its gonna drag isnt it?!

[reload]

Yep

[moosetastic]

Yep

 

 

great! hiya reload, i took a lot of inspiration from your first tsb claim! hope everything is going well with your second one?

[reload]

Just time dragging out waiting for my list of charges/statement copies back from Lloyds now lol - got my new letter and everything else ready to go

[moosetastic]

at least you know you've been successful before, not like waiting for time to tick round slowly not knowing if you are or not. I have drawn a lot of confidence from the forums though, nothing ventured nothing gained is what i always say!

 

hope you'll be on hand if I need any help with the solicitors

[moosetastic]

hi there,

 

havent posted in a while but time for an update

 

My 28 days after submitting my moneyclaim is on Wednesday, and I'm expecting a defence after reading through the forums. Now I'm getting nervous as its getting towards the end, so hope all you guys out there can offer reassurance and advice if I need it.

 

Couple of quick questions:

1) - About the defence and AQ - will I receive it through the post or will it be indicated in my moneyclaim online account?

2) - About the settlement - can I ask for it to go into another bank account at all, or will it automatically go into my TSB account?

[lucid]

Hi,

 

I'm not claiming through moneyclaim myself but I'm pretty sure you'll get the defence and AQ sent through in the post. You can make a condition of settlement to be paid by cheque rather than them crediting your Lloyds account - I'm not sure about them paying the money into a different bank account for you.

 

Lucid

[reload]

Yep, should get a copy of the defence and AQ through the post from Northampton - you should also receive a letter at the same time notifying you of the local court your claim's been re-allocated to.

[moosetastic]

excellent reload and lucid, thanks for your answers. ive opened a parachute account with the halifax, so maybe i could ask for a cheque so i can pay it into there instead. have other people been able to do this?

[lucid]

Yes I think people have been successful in requesting a cheque rather than have the bank credit the account. We'll be doing this ourselves as we don't want anymore money going to Lloyds that doesn't need to.

 

Lucid

[moosetastic]

sounds good to me!!! :grin:

[freebird]

Hya, Moo...been a bit tied up again......how you doing ?

if you have alook at mine and Molly's thread you'll see what's been going on re A/Q's etc and Lloyds saying they can't go to court for the whole month of October as they want to negotiate settlement !!!!!!! well we're asking them to settle.....

 

I've also said in mine that I want a cheque as there's no way it's going into my Lloyds account for them to "eat" it all up...swines........

 

 

I too have a parachute account and that's sweet right now, so fingers crossed ;-}

 

we're all nearly there now eh ? I'm sweating already...... lol.......

 

Freebird x

[moosetastic]

me too, its been a drag but getting to the end now!! ill go and have a look on your thread and see whats happening xx

[moosetastic]

well i got my allocation questionnaire and tsb defence today. its a N149. I have had a look at the guide to completing it, but on Section G, where it asks for any further information, is there something specific I should be putting in here , repeating my claim, mentioning the interest etc??

 

Any help you can give will be great, thanks! 8)

 

oh, one more question. I know you have to pay the £100 fee if your claim is over £1500. My claim, when I submitted it was £1485.41, £14.59 short of the limit. Obviously interest will have gone on for the last month, so if this takes it over the £1500 do I have to pay, or does it go on what you originally submitted?

[Michael Browne]

Section G - Other Information

 

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

 

Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents that you wish the court to consider at the hearing. This is something you will later be asked to provide. If you have not previously given a copy of the charges breakdown, showing dates and amounts plus interest, then let the court know here that you are attaching 2 copies of this with your reply.

 

If you have previously submitted these details, then say so here.

 

This would also be the place to argue for small claims track if there were any complexities, such as a claim for injunction or a claim under the Data Protection Act.

 

This would also be the place to argue for standard disclosure and include, subtly, that the bank has a ‘fiduciary duty’ and so has a duty to disclose the basis of it’s costs to you, as there is some doubt that it is dealing in good faith as required by the fiduciary relationship.

 

Also a good place to bring to the notice of the judge that there should be an order for this disclosure as the bank commonly asks for set aside and then settles, and is merely using the justice system as a means of intimidating its customers.

 

 

Also see here:

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

[freebird]

Moo, I more or less copied the letters suggested on here, in the forum, good luck and just dig out some patience......and coming from me that's rich ! I'm sitting on my hands and biting my tongue daily...lol...

good luck

[moosetastic]

thanks michael and freebird, can any of you put down what you put on yours? hopeless with words me, and also dont really wanna put the wrong thing and c**k it up at these last stages.

 

Any idea about the fee? Do you think I will have to pay?? Do I put down the figure that is on my moneyclaim, of £1485.41?? or do i add interest from the beginning of september? really need to know this

[Michael Browne]

Example, which you can amend as you like:

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

[freebird]

yes mine was the same more or less word for word........