65yrs old pensioner on benefits - Nelson Guest\Court Papers/Lloyds OD - ***Claim Dismissed***

[dx100uk]

claim form done

 

dx

[sytra]

Yes as far as I am aware we still have all the paperwork, no we have not done a spreadsheet the figures are just simply the charges

[BankFodder]

I think that you need to calculate the value of the charges which you want to claim from them. Add interest at 8% and see what they come to.

 

I'm worried that it could easily total more than £5000. In that case, there is a good chance that the bank will ask for it to be allocated to the fast track in order to be able to intimidate you with a threat of costs if you lose.

At the moment the claim is likely to go onto the small claims track which means that there is scarcely any risk that you will have to pay costs if you lose.

 

Can we check - is the figure of £3,500 charges, money which you have actually paid to them? or does this £3.5k figure include charges which are unpaid and which they are trying to recover from you.

 

If the value of your counterclaim plus interest is greater than £5k then I would advise you not to counterclaim at this point but merely to defend.

 

If you win on the claim then we can talk to you about getting your charges back.

 

So, please respond about the charges question - and also what is the final calculation with 8% per annum added.

 

This means that you need to do your spread sheet - asap

[sytra]

I'm not able to check for sure yet but I believe that the figure includes a small amount (prob only a couple of hundred) that they are trying to claim

 

the other £1000 odd they are claiming is after she submitted the request for a refund a few yrs ago.

 

Just after she sent the request off I got her to change banks so she hasn't used this acc since.

 

All the rest of the money that she disputes has already been paid out of her acc

[sytra]

So, please respond about the charges question - and also what is the final calculation with 8% per annum added.

 

This means that you need to do your spread sheet - asap

Sorry, is there a template to work out the 8%?

[BankFodder]

I'm not able to check for sure yet but I believe that the figure includes a small amount (prob only a couple of hundred) that they are trying to claim the other £1000 odd they are claiming is after she submitted the request for a refund a few yrs ago. Just after she sent the request off I got her to change banks so she hasn't used this acc since. All the rest of the money that she disputes has already been paid out of her acc

 

I think that you need to find this out. Judges like things to be accurate and you will feel more confident if you have done your homework and are sure of everything.

 

Is the account still open?

[ims21]

Hi

 

Popping in as requested by Andyorch

 

Use this spreadsheet. In view of the potential size of the claim start with the simple side of things and work on the basis that you want theaccount to be put back in a position that it would have been in had the charges not been applied in the first place.

 

The "Claim to" date should already default to the current date...if it doesn't, type today's date in the cell. Then list each charge that has been made giving the date, a descritpion and the amount. The sheet will work out the figures for you.

 

When you have done that, please let us know what the figures are as per the spreadsheet.

 

CISheet v101.xls

[sytra]

Hi, thanks for your help,

 

I have worked out the figures using the spread sheet that ims21 supplied, the figures are as follows: Total charges £3210, Compound Interest £2903.64, Total: £6113.64

that is using all the figures Lloyds sent to the original SAR in Oct 2007.

 

I am having a hell of a job trying to figure out how much of their claim is money that hasn't been paid yet but i think it is around £100, we have some statements missing from the end of 2007.

 

The account has been closed, they closed it a couple of years ago

[BankFodder]

OK. Outstanding charges are well over £5000 and I think that you should steer clear of a counterclaim for the moment as this value will take you into the fast track and there will be a risk of costs if you lose.

 

That means that for the moment you should only defend the claim. You can think about claiming charges later on. IN fact the word is that in April, the small claims limit will go up to £10k. This case will still be running by then so we can think about amending and filing a counterclaim then - if it happens.

 

What confuses me now is that you have said that of their claim, there is only £100 which has not been paid. In other words, you are saying that the bulk of their claim has already been paid???????

 

Can you clarify what you mean please.

[sytra]

Sorry, no, about £100 has been paid (already out of mothers acc back in 07) the rest £1100+ is what they are claiming but has not been paid.

 

Sorry to confuse the issue

[sytra]

Sorry,

I think I only have a week left to get the defence in now, a

 

ny ideas how we can just defend the claim and not make a counter claim for the time being,

 

I think the best option now is going to be to just defend the £1300+ as she can't afford to pay that at all,

 

then if it is still going then counter claim at a later date.

 

She just wants it to go away now.

[AndyOrch]

Hi sytra

 

Ok if you wish to put the CC on the back burner for now a suitable defence needs to be submitted on time to stop judgment by default.Are you disputing the full £1188 as purely bank charges?

 

Regards

 

Andy

[BankFodder]

I think that you have to say something like

1. I do not admit that I am in debt to the defendant

2. At all relevant times I have been in receipt of XXXXdescibe the benefits xxxxxxxxxx

3. The sum referred to be the claimant in their claim is comprised of charges applied to my account and which are void by virtue s.187 Social Security Administration Act 1992

4. By seeking to appropriate the defendants benefits the claimant is treating her unfairly and in breach of their statutory duty contained in the Banking:Conduct of Business Regulations 2009, made under the Financial Services and Markets Act 2000.

Please keep us informed at every step. If the bank attempts to involve you in some confidential communication or offer you some settlement subject to confidentiality. Do not accept this. Contact us.

The bank may decide to withdraw the action. Do not accept this. You must have a discharge of any alleged debt. Accept nothing less.

We'll deal with the money owing to you later on.

[BankFodder]

Whoops, crossed posted with Andyorch.

[AndyOrch]

Whoops, crossed posted with Andyorch.

 

Not a problem BF

[sytra]

Thankyou very much for all your help, I will do as you suggest and keep everyone informed of any developments. Thankyou again

[AndyOrch]

Have you worked out when your defence is due sytra? Looking at the date on your upload it should be the 7th December.

 

Regards

 

Andy

[sytra]

Thats ok then, I made it the 4th the extra day or 2 will make a difference my end as can't get to internet too easy at the mo

[sytra]

OK the defence was filed online in the 5th Dec, then on 12th Dec my mother got a letter from Wescot saying that they had obtained a judgment and got a CCJ and she would be hearing from the court shortly and to avoid the CCJ being registered she should call and pay the judgment amount within xx days, thinking this was strange as the defence was in early i called the court and they confirmed that NO ccj had been registered and that wescot were just chancing their arm. Hopefully this will help go against them when the time comes!!

 

Anyway we now have the AQ to fill in and file on or before 31st Dec??? please can someone give me an idea of what to put in each section and can i do this one online as there is no way it will be delivered to court before the date requested.

 

Thanks

[BRIGADIER2JCS]

Keep that Westcott letter safe, it needs to be reported to the OFT.

[sytra]

Keep that Westcott letter safe, it needs to be reported to the OFT.

 

Thankyou, it is under lock and key as we speak!!

[Old Cogger]

HSBC D.G. Sols did that one , the solicitors for D.G. stated that as in certain circumstances where an N1 admittance takes place the judgment would automatically be recorded as (assumed) CCJ, but if the CCJ is not granted then time within notification to Claimant i..e. D.G. that their paper work was not accepted and a case stayed then the assumption that it had was o.k., but of course it took me 10 months to find out this occurance,so again D.J's allow Banks etc to make mistakes not you!

[sytra]

Ok, update, this case has now been transfered to my mothers local court and she has a date of 9th April. I will scan a copy of the directions that were sent with the allocation paperwork.

 

One thing i have just thought about, don't know if it will make any difference but in the claim they state the monies are owed under a credit agreement and account #xxxxx.

 

As this was a bank account that went overdrawn then it's not a credit agreement is it? also the account number does not match the one that was on the account which is why it took a while to figure out which acc it was, the number changed on one of the letters that was sent when the account was first defaulted.

[BRIGADIER2JCS]

The POC is faulty then,I would be asking NG for a copy of this alleged agreement..

[sytra]

Here is a copy of the orders that have been sent, any advice on what my next move should be?

Edited February 21, 2013 by sytra
will try again, image to small