My Mum vs Lloyds Card Services

[rachel2609]

How does this sound for the one claim? I wanted to put in about the DPA non-compliance, so may suggest to Mum that we file that claim the old fashioned way (too many characters)?? Therefore I would alter the dates/amounts etc below for the claim for £423.00. Is my calculation of the daily interest rate correct, I followed the info in the court document - How to make a claim, but its not entirely clear!!

 

 

The claimant held a contract with the defendant bank for a credit card account conducted in line with their standard terms and conditions. During this time the defendant applied several penalties to the account in the form of late payment charges.

 

The claimant seeks to recover the charges between 14.11.2003 and 25.11.2004 as I believe that the bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

The claimant has repeatedly asked the bank to justify their charges but they have declined to do so.

 

The claimant seeks to recover £200.00 in charges plus interest of £31.35 at 8% per annum and interest at the same rate up to judgement or earlier payment at a daily rate of 4.4p.

[rachel2609]

Claims now filed for both - info in the Litigation Section

[rachel2609]

Both claims now appear as though Lloyds TSB have entered a defence on Moneyclaim, can't wait to see whether its the same standard defence as others have received.

 

Ho hum, I am becoming a very patient young lady as time passes, my Mum is totally chilled about it all at the moment :o)

[rachel2609]

My Mum has now received copies of the defence, and also a letter claiming that she is trying to attempt double recovery (ie fraud), my sister is off work today and is nipping over there now to get the letter to scan it to me.

 

As LTSB were sooooooo slow in sending the statements, we decided to make one claim for a 12 month period (for which we had statements) and then another claim for the remainder when we received the statements. Despite it clearly saying in the particulars of the claim that it excluded that year they have clearly decided to ignore that part and accuse my Mum of double recovery - muppets!

 

They therefore want a breakdown of the charges and an calculation of how I arrived at the interest amount that I am claiming.

 

Once my sister has got the letter I'll be back with more info. Letter was Sechari blah blah Solictors

[rachel2609]

Also they sent the paperwork directly to my Mum despite a request that everthing was sent to be my home address - they make me quite cross!

[rachel2609]

Right, I got home to find the Court Allocation questionnaire on my doorstep, have now got the letter from the Solicitors which went direct to Mum which reads as follows;

 

REQUEST MADE UNDER PART 18 OF THE CIVIL PROCEDURE RULES

 

We are instructed by Lloyds TSB plc who have handed us the two County Court Summons issued by you through the Northampton County Court on or about 19th April last.

 

Please find attached a copy of our Clients Defence to both claims (more of which later) which has today been filed at the Northampton County Court for sealing and service.

 

We note in your pleadings that you are claiming (alleging)that various deductions were made to your Credit Card account held with our Client Bank between the following periods

 

1. 14th November 20003 and 25th November 2004 and

2. 15th March 2000 and 14th February 2005

 

It appears that there is an overlap in dates here and, therefore, on the face of it, you appear to be attempting double recovery. In light of this, can you please provide us with:-

 

1. Each and every individual amount of the charge you are claiming and are disputing

2. The date of each and every charge that you say was deducted from your account, and

3. How you calculated the interest on both claims pursuant of s69 of the County Court Act 1984 as amended

 

We confirm that this is a written request for information made under PArt 18 of teh Civil Procedure Rules, a response to be served by you within 28 days of the above date. In any event kindly acknowledge this letter and its enclosures

 

Yours faithfully

 

Sechiari, Clark & Mitchell

 

NOW, MY QUERIES:

 

The Bank are aware that it is 2 separate claims, the 2nd one excluding the period already claimed for, which I shall point out in my response.

 

I will respond to this as requested with a copy of my spreadsheet which clearly shows the dates of 'offence' and amounts and reasons why, and will include the calculation of interest as requested. I guess I respond direct back to S,C & M?

 

Also, as I have the Allocation Questionnaire which I havent read in detail I guess I fill that in requesting an extension of time for this matter to be resolved?

 

Anyone got any opinions/other ideas etc?

[rachel2609]

Have formulated a response which I shall post in the morning, too tired now having just watched LOST!

[rachel2609]

Right here is my proposed resonse to LTSB to their p18 CPR request.

 

__________________________________________________________________

 

Response to you request made under Part 18 of the Civil Procedure Rules

 

Response made: 24th May 2006

 

Dear Sirs,

 

Thank you for your letter dated 19 May 2006 the contents of which are duly noted.

 

Whilst I contest your right to request further information, as I believe under Part 27 of the Civil Procedure Rules that my claim will allocated to the Small Claims Track, and consequently invalidate you request, I will respond as follows.

 

My correspondence to your Client clearly states that there were two distinct periods for which Claims were being made:

 

1. 14th November 2003 to 25th November 2004 (Claim Reference: 6QZ24850)

2. 15th March 2000 to 14th February 2005 excluding the period listed as item 1

(Claim Reference: 6QZ24852)

 

The reason for two distinct and separate claims is that your Client persistently failed to supply me with further information despite numerous requests.

 

Furthermore, in response to your request for information, please note;

 

1. A spreadsheet is attached clearly showing the two distinct claims, identifiable

by Claim Number

2. The date of each cahrge and the reason for the charge is also shown on the

spreadhseet

3. The interest has been calculated from the date the charges were added to my

account, at a rate of 8% per annum as per s69 County Court Act 1984

 

I trust this information is to your satisfaction

 

Yours faithfully

 

My Mum

[rachel2609]

Sent the above letter to the Solicitors.

 

Got a copy of their allocation questionniare, and sent back both of ours to the local County Court. This was done on 27th May before I went away for a week, as far as I know my Mum hasnt heard anything further.

[rachel2609]

Hello,

 

We have finally heard back from the Court who have allocated a court date of 27th September for one of Mum's calims against LTSB - the day after my 29th Birthday!!

 

I have just spoken to the Court as the other Claim was raised at the same time, and I wanted to check whether they had join them both together, but they havent so I will assume therefore that should LTSB wish to defend against my Mum they will have to make 2 separate trips to Doncaster!! Assuming they dont settle beforehand that is.

 

Not worrying too much about it at the moment as it seems a lifetime away, but will quietly get on with loads of reading/fact finding etc.

 

Rachel

[rachel2609]

Had another letter from the Court about the 2nd claim against Lloyds TSB just to confirm that it has also been allocated to the Small Claims Track, but the court date will be confirmed to me!

 

I guess we just carry on with the waiting game :o)

[Janet-M]

expect a settlement letter very soon

[rachel2609]

Still nothing further in way of contact/correspondence from SCM, but reading some of the threads this is nothing unexpected!

 

However, further letter received confirming court date for 2nd claim - 8th NOVEMBER!!!!! Unbelievable, both claims submitted at the same time to the Court with AQs, and 8 weeks difference in court dates!

 

Ho hum.....will carry on making up my defence pack.

 

Does anyone have a copy of LLoyds TSB T & Cs that I can have a scan of???

 

Thanks

 

Rachel

[dolly]

Does anyone have a copy of LLoyds TSB T & Cs that I can have a scan of???

 

This is on their website:

 

Lloyds TSB - Classic Account

[rachel2609]

Defence has got to be at Court adn to SCM by tomorrow - Court date 27th September, this is what I have so far:

 

A full statement from my Mum about why she thinks the charges are penalties

Copies of all correspondence - date ordered

Copy of OFT Statement

Copy of T & C for CC - dated 2004 off website (thanks Dolly!)as they have failed to send copy as requested

Copy of P McNamara interview

Relevant clauses in legislation

 

I am putting it all together in a bundle of docs to send to court and SCM, have had experiecne of doing Employment Tribunal cases, but this is a bit different.

 

Any help gratefully received.

[rachel2609]

Still awaiting any further contact from SCM. I phoned the Court last week to be told that they had received no further documentation from them - not going to get my hopes up but the Court have had zero contact from them either. They have no excuse about not knowing about the court date as I faxed a copy of my defence to them with all the details atatched, have retained the fax receipt for my own records - so no denying it!

[wolfcub]

Hi,

 

Any news on your case. You're in court this week if I remember.

Good luck,

 

Wolfy

[rachel2609]

No nothing.

 

Court have apparently had no contact from SCM, no defence documents sent or anything, which to me, and correct me if I am wrong is directly defying the instruction given by the Court which clearly stated that 14 days before the case, documents which are to be relied on in Court should be sent to all parties and the Court, the originals should be brought along to the hearing. I sent mine both to the Court and faxed to SCM (all 26 pages) on 12th September, have the receipt from the fax machine showing all as sent - so no excuses from them.

 

As it stands, me and my Mum are ready to go to Doncaster Court tomorrow morning. I for one, though pooping a little, am ready for a fight!

 

I guess I will have to wait and speak to my Mum this afternoon and see if she has had any correspondence from them.

 

Rachel

[reload]

Looks promising for you Rachel. I'm willing to put good odds on Lloyds not showing up for the hearing.

[rachel2609]

Just spoke to Mum, no post as yet today!

[wolfcub]

Hi Rachel

 

Have you been in contact with SCM? You can go two ways.

 

1) Call them and see if they say "didnt know anything about the date from the court". Then they'll send a locum and ask for an adjurnment. If they are ready and going to attend, you can ask them who will be representing them and why you do not have their court bundle.

 

2) Dont call, they dont turn up, you win by default, they file an appeal. Get loads of publicity.

 

If no 2, we should talk about some joint PR cos I'm going to have a great story for the press on Thurs am.

 

In any event, you should find the judge sympathetic. They dont expect you to be a legal eagle. They probably will expect much more of Lloyds than they will provide!

 

I have everything crossed for you. Best of luck.

[breadline]

Hi rachel

 

Good luck tomorrow, I would opt for suggestion 2 and let them look stupid, we do enough of thier work for them already.

 

will be thinking of you.

Go get um:grin:

BL

[pampam]

Good luck Rachel

Are you going to court to speak for your Mum?

The reason I ask is, I am doing the same thing for my son but if it came to court he wouldn't know what it was all about as I have done all the paperwork on his behalf.

Cheers

Pam

[myzeejon88]

Good luck Rachel, for what it's worth, I would choose option 2 also. Tell your mum head high.

[rachel2609]

Hello Peeps!

 

Just got back from the court, quelle suprise SCm or their representatives did not show.

 

Me and Mum were taken into see theJudge, was all very pleasant, the Judge was a lovely guy. He explained to us that he was giving us Judgement by Default and this was not the same as being victorious by proving your case. He said that as we were no doubt aware there were literally 1000's of cases of this nature in the Court system, and to date none had been defended or had a decision made on the poins of law. But he felt sure that this would happen sooner or later.

 

He quibbled a bit about the interest on the spreadsheet, as it was out by .something of a pence per charge, but we agreed that anythign that was over and above would be offset by the interest accrued since the defence papers were submitted to the Court 14 days ago.

 

So in this case we have a judgement for my Mum in the sum of approxiamtely £700 including interest and fees, will quote exact figures later.

 

The experience on the whole wasn't too bad, was more scared when we saw all the Court bailiffs coming out of their offices - there was some big bloke!!!!!

 

Won't get over enthused until the cheque is in my Mum's hand, then I will call SCM and see if they wish to settle on the other case which is listed for 9th November.

 

Rachel