Jamie v LloydsTSB

[jamieadi]

10 March 2006

 

First letter sent to lloyds customer services

 

amount £4100.50

[BankFodder]

Which letter was it?

[jamieadi]

Sorry Bankfodder

 

The letter was the preliminary approach letter

[jamieadi]

After sending the prelimery letter and receiving the standard reply from the bank.

 

what should the contents of the second letter contain?

 

Any ideas?

[BankFodder]

read the FAQs and look in the library. It's all there.

[jamieadi]

By using the interest spreadsheet supplied

MANY THANKS!! Fan-bloody-tastic

 

My question for you all is

 

with my claim of £4100 with 8% interest would take the total over £5000 after the 28 day deadline

 

Does the small claims include the interest or is that added on to the claim

 

If it includes the interest, can I choose my own interest to get as much as I can whilst keeping below £5000 or is it a standard 8%?

 

any ideas?

[BankFodder]

Thjis has been asked answed many many times on this forum. Read the forum material. Use the search function. Read the forum material.

[jamieadi]

17th March 2006

 

recieved standard reply from LLoyds

 

They are most concerned to learn of my complaint and will get right on it.

 

i won't hold my breath

 

Onwards and Upwards!

[jamieadi]

24th March 2006

 

End of first letter deadline

 

Second demand letter sent off

[jamieadi]

10th April 2006

 

No reply from second demand letter

 

Time to start court proceedings

[jamieadi]

19th May 2006

 

Court proceedings under way

 

Roll on the pay

[jamieadi]

5th June 2006

 

DEFAULT! DEFAULT! DEFAULT!!!!!!!

 

Lloyds had until today, Monday 5th June to reply

 

NO RESPONSE!!!

 

Time to default against them.

[shaaft]

hi jamie,

 

so if they have defaulted, does that mean that you have won? im a little confused with all of this. Also when you put ur claim through the courts, what did u write in the "particulars of claim" part of the online court process? im not very good with things like this and any help would be greatly appreciated.

 

thanks adam

[jamieadi]

Hi Adam,

 

yep, because lloyds did not reply to my claim in the alloted time, I have won by default.

 

As for the particulars:

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £*** and any interest charged thereon;

 

b) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

Hope this helps.

 

Good Luck with your case

[jamieadi]

6th June 2006

 

Default filed at County Court

 

Should get money soon

[shaaft]

Hey jamie,

 

Congratulations on your success with your own case, what a result!

 

Thanks for that all your info it was a great help, although i had a little trouble condensing it all to fit the character criteria they require, how ridiculous! 1080 characters for your whole case! anyay all done now, lookin forward to the outcome 23rd june!

 

 

thanks again

 

Adam

[jamieadi]

I had the same trouble with moneyclaim so I went to the court and did the hard copy version.

 

Good luck with our claim Adam

 

Jamie

[mario]

Surely thats to many characters,only 1000 allowed.

[jamieadi]

At Moneyclaim YES!

 

At the court on claim form N1 you can write as much as you want as long as you can fit it in the space provided mario

[jamieadi]

Filed claim in court on 19th May 2006

 

Bank had until 5th June 2006 to reply

 

NO REPLY

 

Filed for default on 6th June 2006

 

Recieved details from court 10 June 2006 that Lloyds is defending signed and dated by Lloyds solicitors 8th June 2006 TWO DAYS AFTER I FILED FOR DEFAULT

 

Can the courts allow this, if so what is the point of giving a date to reply if they are not going to enforce it

[Axleuk]

To be honest, it happens all the time. The bank can argue many different reasons for being late and ultimately, the courts make the final decision. Obvisously if there was a serioius lapse in time, then the courts would be more likely to favour the claimant.

 

Botton line here, dont worry, you will still get your money

[alanfromderby]

I understand that the courts will allow a defence that arrives late, provided that they haven't dealt with the paperwork for the next stage. In many respects this is to your advantage - since were they to disallow it, the bank would simply seek a set-aside.

 

This would delay your claim by several weeks - and be in no doubt that the bank would be granted the set-aside.

 

It may not seem that way - but the court has done you a favour!

[jamieadi]

10th June 2006

 

Slight set back, bank has entered a defence LATE, County Court has allowed it, so I must wait a little longer for MY MONEY

[cajdad]

I understand that the courts will allow a defence that arrives late, provided that they haven't dealt with the paperwork for the next stage. In many respects this is to your advantage - since were they to disallow it, the bank would simply seek a set-aside.

 

This would delay your claim by several weeks - and be in no doubt that the bank would be granted the set-aside.

 

It may not seem that way - but the court has done you a favour!

 

 

I agree. I 'phoned the court about it when it happened to me, and the nice lady said much the same to me. See my thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4490

[shaaft]

Thats crap!

 

why are they allowed to do that? have you seen the defence? what are they saying?? my default day is the 27th

 

let me know how things go

 

ad