A Couple Of Queries ***WON!!!!!!***

[GuidoT]

Gresham Street (watch the spelling) is the registered office to send the N1 to.

 

Not sure why you cannot download the N1 and not sure about the question your are asking regarding interest, do you mean the daily rate or the interest since the penalty was applied?

 

To help though, if you want to PM me your email address I can send you a completed PDF N1, that should hopefully resolve both your difficulties.

[GuidoT]

You should edit our your email address.

 

I will send you by email a completed N1 in about 15mins.

[GuidoT]

No problem, I think it might be site maintenance.

 

I sent you an email at about 16:50 to frog.

[GuidoT]

Hi Laura - I have just sent again, if you do not receive it by tomorrow then let me know, maybe PM me another address. Hopefully PMs will work tomorrow.

[GuidoT]

Hi Laura - Without having your computer in front of me, I do not know the problem.

 

There are PDF and Excel attachments definitely, do you have the software to open them (Adobe and Excel) installed on your machine?

 

Maybe email me your versions and I will tell you how to amend them without sending any attachments back to you - not very efficient but needs must.

 

Or maybe a different email address, sometimes aggressive spam filters remove attachments, do you have a hotmail address?

[GuidoT]

Just thought, if you have a fax no, email it to me and I will send it in the next few days.

[GuidoT]

I am giving Laura a hand, if you have two accounts, in the same name, is it okay to deal with them together in the preliminary letter, LBA and claim form?

[GuidoT]

Sorry Laura, as you emailed me the preliminary letter to look at, I presumed it had not been sent.

 

Have you sent the Letter Before Action?

 

Yes we can add that charge on, but we should wait until the 1 February 2007 before issuing the N1.

 

In any event I will complete a N1 for you later.

 

We will get there in the end.

[GuidoT]

Okay Laura - I will add the £90, recalculate the interest and complete the N1 and then email over to you. I will presume that the £90 relates to the account number that starts with 174. Happy to help.

[GuidoT]

It does not matter that the previous letters did not include the £90.

[GuidoT]

I have just emailed (to nigesue) you over the N1 and updated schedule and a covering letter.

[GuidoT]

Hi - The name on the claim form that I sent you is Lloyds TBS Bank Plc and that is correct.

[GuidoT]

How much is Studio for? If I remember correctly is was for £50, is that correct?

[GuidoT]

Given the sum involved to my mind, it is not worth the hassle, in particular if you are claiming contractual interest at 39.8%. That basis for claiming such interest remains untested in the courts.

[GuidoT]

It is your choice, but I would just bank the cheque and forget about it.

 

Some people say it is the principle, but I do not, it is all about the money. Not that I do not have principles, of course, but as I say, it costs your time and often money to have principles.

 

It can get very expensive to have principles, in particular if you loose.

 

You just have to weigh up, if it worth investing the time and money to go after a sum of money, notwithstanding the principle.

 

I suppose a simple yes or no would have done to answer your post, without explaining the inner workings of my mind and going on....

[GuidoT]

All normal, this is for if LLoyds do not file a defence.

 

Unlikely you will have to complete it, they usually file one at the last minute.

[GuidoT]

Do not get too excited, there are downside to judgement in default as below:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/48946-curli-lloyds-tsb.html#post572354

I would give it a few more days, they usually to file defence, albeit a bit late sometimes.

[GuidoT]

No AQ fee is required anyway, as your claim is below £1.5K if I remember correctly.

 

Lloyds usually make a full offer at this stage. If they do not next stage usually is the judge will issue directions and a hearing date.

 

Have you used the New Strategy Order?

[GuidoT]

This is the New Strategy link that explains it:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

It can be a lot to take in essentially you insert these words in Section G of your AQ:

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

- In the event that the Defendant’s charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.'

And attach this (as Barty's post 103 above):

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

Take your time, you have a while yet. The New Strategy should speed up the settlement process.

[GuidoT]

I am still here, others seem to answer your questions before I can. I told you before, stop putting yourself down, you are doing fine.

[GuidoT]

Next the judge will issue directions, these usually include a court date and requirements for further documentation.

[GuidoT]

For further documentation see here (warning this is a lot to take in):

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Everyone thinks theirs will go to court, until invariably it settles. Given the comparatively low value and that you are not claiming contractual interest or charges older than 6 years, your claim is less likely to end up in a hearing than other claims.

 

You will be fine.

[GuidoT]

That you have heard nothing from the court is nothing to be concerned about.

 

From sending in your AQ to hearing from the court again can be anywhere between 2 and 12 weeks.

 

You have not lost your case because of what you say above, your claim can be adjusted for the £90 if it has been refunded and as to the statement that is missing do not be concerned about that - if Lloyds deny that they levied the charge then we are going to have some difficulties, but they are unlikely to do this.

 

You are doing fine, just be patient and wait for the court.

[GuidoT]

Can you post up the exact wording on the order, have you got 28 days or Lloyds?

[GuidoT]

Hi Laura, that order is good news.

 

I have just prepared all the documentation myself. I have a PDF with all of D (in post 149) scanned in that I will email to you. Remind me if I forget to send on Monday.