Help Needed??? Getting A Bit Scared!!

[daryl koch]

I have been following the forum for some time now and have found it a great help. I am in the middle of claimimg £750 for unfair bank charges from Lloyds TSB which now seemes to have gone quite far, as i have recieved a date for the hearing of the defendants application for an order, titled "APPLICATION NOTICE."

This seems to be the defence which is asking for it to be thrown out saying I "have no real prospect of succeeding on the claim or issue."

 

This also goes on to say "The particulars of the claim are incomprehensible as they do not provide details of the bank account concerned or details of the charges that are supposed to have been levied on that account or the date on which each charge was levied."

 

They finally say "No such statement has been made by the OFT as alleged. The particulars dislose no cause of action."

 

 

Has anyone had anything simulair? Does this sound normal? Have I done anything wrong? What should i do next?

 

ANY HELP WOULD BE SO GREATFULLY APPRECIATED!!!!!! :eek: :eek:

[Axleuk]

Did you fill in the questionaire ?

Were you at some point asked to provide evidence, ie. copies of your charges, dates and so fourth ?

It sounds to me that you have not provided the bank with any supporting info but i have not got thaty far yet so am only summising.

[daryl koch]

Hi,

 

Yes I completed the questionaire ticking mainly NO, taking advise for other forum users.

Martineau Johnson (Lloyds solicitors) did not ask directly for any evidence. However i did in a letter to Lloyds state that i would be claiming all charges back from April 2000. Surley they should have all that information from Lloyds?

 

Not quite sure what to do now? Worried i've messed up somewhere and rushed it without thinking!!!!!

 

Thanx for replying so quickly!!! :)

[elsinore]

Hello daryl. First of all, just relax. It's only MJ up to their tricks, looking for a chink in your armour and trying to frighten you off.

 

This probably goes back to your claim form and what you stated in the particulars of claim. If you didn't state the account number or details of charges then that is what they have latched on to. If you have a copy of your claim maybe you can post it on here, or PM me.

 

I think thenk MJ are applying to have your claim struck out for the reasons stated.

 

I guess you will have a list of the individual charges with dates charged. If this wasn't attached or copied with your claim then send MJ a copy. Make sure that the document has your bank account number on it, also the claim number and any other relevant details. This ensures that they are in no doubt which claim it refers to. (They have rather a lot to deal with at the moment!!).

 

I am not sure what they mean by their reference to the OFT statement. That is why it is important to know what you stated in the claim.

 

I'm sure the problem can be sorted and you will soon be back on track.

 

Elsinore

[daryl koch]

Hi,

 

Thinking about it now I didn't put my account No. or any of that sort of information, i just outlined the reasoning for the claim.

Is it not too late now because there has been a court date set, won't they say i should of sorted that all out before hand?

Do you know what I should do and would thay accept it now?

 

THANX FOR YOUR HELP!!!!

[elsinore]

It's difficult to know what advice to give you without knowing exactly what you said in the claim. If you can post it or PM it to me then we can take it from there. If the worst comes to the worst you can withdraw your claim and resubmit it.

 

Elsinore