Pls help I'm submitting my claim!

[leamarie]

Hi,

 

Been following everyone's threads for a while now, which have been a fab help (thank you) but I am about to submit my claim and have got a bit stuck.

 

I am currently on the bit where it says particulars of claim. Do I write a brief explanation of why I am claiming or do I list the charges? I read somebody else didn't include their full list and thier claim was thrown out!

 

I am a bit worried as I can't fit it all in the tiny space they give you.

Any suggedtions would be greatly appreciated.

 

Thanks

 

Leamarie x

[Zedwoo]

Hi leamarie,

 

Here are the particulars of my claim. ( change where appropriate)

 

I have a contract with Lloyds TSB Bank PLC, conducted on their standard terms and conditions. I am claiming return of money taken by the defendant in the way of charges over the last 6years, totaling £2014.50. The 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. I have repeatedly asked the bank to justify their charges but they have declined to do so. I claim interest under section 69 of the county court act 1984 at the rate of 8% a year from(23/06/2000) to (01/02/2006) of £469.38. I therefore claim a total of £2483.88.

 

According to my calculations, lloyds have 2 days to defend my claim. Fingers crossed. I suspect another last minute defence though. I have my charges ready for posting when they ask for them plus AQ.

 

Good luck.

[leamarie]

Thank you, that sounds really good and very clear. Wil try that one myself. Good luck on your claim, would love to know how you get on.

[leamarie]

I am claiming for 3 different current accounts held with Lloyds, 2 closed accounts and 1 which is still open. I am under the impression from some other threads that I am able to include them in one claim. Pls can anyone tell me if this is correct.

[leamarie]

Well I have done it, fingers crossed now! Submitted my claim on paper to my local court, it cost the same as it would have done online and the staff were very helpful. Just have to wait for the claim to be issued now and they will post out my claim number and relevant documents with all the info.

 

Just hope everything goes to plan!

[GaryH]

Well done Leamarie, not long till you get your money back now! Keep reading the threads and other info on the site whilst you are waiting - the case guidance notes in the templates library are very useful. Goods luck - we're all right behind you!

 

Just out of interest, did you attach a schedule of charges with the claim form?

[cathrionas]

Hi Leamarie,

Sorry I didn't spot you sooner. I am claiming for 3 accounts as well. I was advised that we are best combining the lot as you can only have one claim against one bank at a time.

Keep us informed.

Bye for now,

Cat

[leamarie]

Hi,

 

Gary and Cat, thanks for your words of encouragement.

 

The reason I submitted my claim to the local county court rather than online was because I was able to add extra sheets of paper to the N1 form. So yes I did add the schedule of charges, 3 seperate sheets (1 for each account) but I also typed up my particulars of claim and in there stated that there were three accounts I am claiming for and the total amount.

 

I hope this is right, I was trying to keep it as simple as possible, so that anyone could understand it.

 

Haven't received my forms through the post yet with claim number and dates etc. but will let you know when I do.

 

Bye for now,

 

Leamarie

[leamarie]

Hi,

 

Got my notice of issue through the post yesterday. It states:

 

"Your claim was issued on 08 September 2006. The court sent it to the defendant by first class post on 07 September 2006 and it will be deemed to be served on 10 September 2006. The defendant has until 25 September 2006 to reply."

 

I have read other threads where people have then received a court allocation questionnaire, not too sure what this is but I am going to spend the next week preparing myself by trying to find out and looking around the site for handy hints.

 

Any comments/tips would be gratefully received.

 

Thank you

 

Leamarie

[GaryH]

Lloyds will acknowledge the claim within the next 14 days, then file a defence withen 28 days (total). Only then will you receive the A/Q and copy of the defence. They always wait till the last minute, too.

 

You've got a bit of waiting to do now, so use it wisely by taking in as much info as you can.

[Princess Ivy]

good luck.

[leamarie]

Thanks guys, its really good to know you have others supporting you!

 

GaryH if you don't mind me asking why was settlement refused on your Lloyds claim or do you have a thread of your own I can view?

 

Leamarie

[GaryH]

I refused the settlement becouse it was conditional, and in my opinion they were unfair and unjust conditions - confidentiality, no future claims, all that stuff. Heres my thread: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/7744-garyh-lloyds-tsb.html

[ukaviator]

Hi TEAM.

 

Just a quick question on Moneyclaim. I have filled everything in, only where you put the total amount claimed, is that including the 8% or just the claim amount before interest?. Then the box below is for the court fee etc..

 

 

Good luck Team...Ukaviator

[avlasc]

I put the total amount clamied + Interest. Did you have problems fitting in the words in the Particulars of Claim bit. See my post if you did..if you didnt then well done ;o)

[ukaviator]

Hi Team.

 

Had no problems with the particulars of the claim, just the total.

Above that there are 2 boxes to tick. One is for human rights and the other is for for Do You Wish To Claim Interest. That is why i asked if you put down the total plus interest in the box below. On one claim alone it will put me over the £5000 limit on an ERC claim coming shortly.

 

Ukaviator

[avlasc]

Hi yes its my understanding that you include the words about the interest. The idea of ticking the yes box is to bring up a small window that you can cut and paste the text into your particulars of claim.

[leamarie]

Yes thats right if you are claiming interest, which of course we all are, you must include the statement they suggest.

 

Quick update: Nothing back yet from Lloyds, keep looking forward to the postman coming every day (yes, very sad I know)!

 

Will post again when I have further news.

[GaryH]

Quick update: Nothing back yet from Lloyds, keep looking forward to the postman coming every day (yes, very sad I know)!

 

And me!! I rush home from work every day to see if the postmans brought me something nice like a nice fat cheque!

[leamarie]

Just called home, looks like something from court has arrived today, will let you know what tomorrow.

 

Stay tuned!

[stanton]

Hi Leamarie

You are on the identical timeline as me , same date filed etc so i would hazard a guess you will have the Acknowledgement of service waiting at home for you. lets see who gets to court first !!

Good luck !!

[leamarie]

Hello again.

 

Yes it was the acknowledgement of service received yesterday, saying that the defendant has 28 days from the date the claim was deemed served (which by my working out is 8th October) to compile a defence etc.

 

Does anyone know how quickly the AQ has to be returned once received? I have an awful feeling it will turn up after the 11th October and I am away until the 19th! Nightmare!

 

[Michael Browne]

AQ has to be returned within 14 days.

[leamarie]

Wow that was a quick reply THANKS!

 

That has put my mind at rest.

[leamarie]

Hello again!

 

Just thought I would let you all know, still haven't heard anything but they still have 13 days to reply. It's going to be the longest 2 weeks of my life.

 

Think I will be back maybe tomorrow to post a timeline of action so far, as I have had a couple of messages asking questions and if I can help anyone else in any way that's great.

 

Bye for now

 

Leamarie