Counterclaim against Lloyds - I need advice

[GaryH]

Yep, thats right.

 

I would suggest using the pdf aq. Looks 10 times better -

http://www.hmcourts-service.gov.uk/cms/files/n149_web_1105.pdf

 

You just type all the info in and then print it off. Make sure you print a spare copy as you cannot save the form.

[Mr Grumpy]

Hi GaryH

 

PHEW! I'm almost there

 

Thanks so much for all your help and I'd like to thank all the other posters as well for their help & support.

 

I don't know what we'd do without you.

 

It's much appreciated.

 

I'll keep you posted of any progress.

 

cheers

 

Mr Grumpy

[cokezero]

Hi GaryH

 

PHEW! I'm almost there

 

Thanks so much for all your help and I'd like to thank all the other posters as well for their help & support.

 

I don't know what we'd do without you.

 

It's much appreciated.

 

I'll keep you posted of any progress.

 

cheers

 

Mr Grumpy

 

 

And dont forget to give yourself a pat on the back, your actions in carrying on give the rest of us good reference points, as well as inspiration. Which I hope you will use to support others once you have won. Good luck.

[Mr Grumpy]

Hi everybody

 

Just an update. I've received a General Form of Judgement or Order dated 25th April back from the court. I don't know if it's good news or bad news. Any opinions?

 

IT IS ORDERED THAT

1. The Claim and Counterclaim be stayed pending the outcome of the test case in the High Court.

2. Neither party has permission to apply for removal of the stay until the case in the High Court has been heard and determined.

 

many thanks

Mr Grumpy

[jubaxt]

just tagging-in the same boat

 

any news grumpy??

 

We were about to put in a claim for over £6000(inc interest) which had amassed from charges on our current account, when, the oft case reared its head and we couldnt afford the fee.

We owe £2400 overdraft on the dorment account and now,today,hubby has received a claim for £4874+£85 court fee+£80 solicitirs fee=£5039 for a Lloyds loan account in his name

 

will start our own thread but in the meantime can anyone help please?

[Rathercross Charlie]

Are Lloyds claiming that from you?

[Rathercross Charlie]

Jubaxt,

 

Sorry, I've just re-read your last post and see that it is Lloyds who are claiming against you in the matter of a separate loan.

 

I would be surprised if they can call this loan in if you are making the payments as per the agreement. Any dispute you have regarding charges on a current account is a separate matter.

 

Your situation is identical to mine, I have £2500 in charges and an overdraft and loan balance that now is equal to this sum. (I had previously won £5k from Lloyds 2 years ago, yet there was no attempt to make me redeem the loan)

 

I had a claim (pre-OFT) for this second amount, which has been stayed.

 

So, I thought, why not allow them to sue me and use the claim as the basis of my counter-claim?

 

I wrote to them a month ago to tell them I would not be making any more loan/overdraft payments and have received nothing beyond some "you are overdrawn/have missed payments" letters from the collection centre, nothing from their "solicitors", SCH.

 

So, as soon as I hear something substantive I'll let you know.

[jubaxt]

hi charlie-we have not made any payments towards the loan since last summer:(.Like an idiot I thought lloyds would pay up on the bank charges and it would be paid off.then the oft case reared its head.....

[Rathercross Charlie]

So, taking everything you owe lloyds and setting that against your claim, what's the balance?

[jubaxt]

just need to put figures into new spreddie cos my last one was from last year-any links on here for sheets that still work please?

i reckon with another years interest it will be just about even but may be mistaken...

[Mr Grumpy]

Hi Jubaxt

 

There is no further news since my last update of the judge ruling:

 

IT IS ORDERED THAT

1. The Claim and Counterclaim be stayed pending the outcome of the test case in the High Court.

2. Neither party has permission to apply for removal of the stay until the case in the High Court has been heard and determined.

 

 

So rather than Lloyds offering me a nice settlement. I would presume that Lloyds are just waiting for the test case in the High Court to make their minds up for them.

I would prefer to have the money now. But hopefully when the decision does go in our favour at the High Court (sometime in the future). At least I will have the satisfaction of Lloyds paying up and also paying me a shed load of interest as well

 

Good luck with your counterclaim. There are lots of good people on here to help you fight the cause.

 

cheers

Mr Grumpy

[Rathercross Charlie]

Jubaxt,

 

My approach was to pay enough in to my current account so that my claim = balance of lloyds loan acct and overdraft.

 

You should be able to update the interest part of your charges claim if you have a suitable Excel type spreadsheet.

 

IMHO I would pay whatever is needed to bring the two into balance, then counterclaim the summons and let the court stay the claim...

 

Charlie