Runner22 v. LloydsTSB

[Runner22]

Hi Everybody!!

 

I have accounts with LLoyds, and over the past 6 years they have "unlawfully" taken over £2000.00 from my accounts. Therefore I decided to claim. I sent the "Preliminary Letter" on 30th October 2006.

 

To date I have heard nothing from them, therefore tomorrow I shall be sending the second "Letter before Action".

 

I'm digging in for a long process....wish me Luck!!

[BARTY]

Good luck!

Barty

[Runner22]

I have hand delivered the LBA letter today...so have a 14 wait before I take action.

 

I have hand delivered both letters and have copies - should I have sent these by recorded delivery? Will the courts frown on me for having not done this in the first place? I have a witness to the hand delivered mail.

 

Your advice is always welcome

 

R22

[BARTY]

Hi

I can't see there being a problem hand delivering at all,

Barty

[Runner22]

Thanks Barty - that's reassuring.

 

I have received the standard - we don't agree with the ombudman's decision and we are not paying up letter, so I will be filing for court once the 28 days are up!!

 

Getting ready to compile my bundle - I'm looking forward to the fight!!

 

R22

[Runner22]

Would anybody be able to tell me if on application to the courts if I can add any "unlawful charges" that have been made since the prelim letter was sent? Or do I have to stick to the initial demand that i have made to LLoydsTSB?

[Michael Browne]

You can amend your claim right up to filing at court. Add any new charges to your schedule.

[Runner22]

Fantastic!! this is something I will definately do then!!

[Runner22]

Hi everyone

 

Have been away and am today going to persue this through the courts, so will start getting my bundle together.

 

Thanks for your Support

 

R22

[Runner22]

Can someone point me in the right direction?...

 

...I saw on the thread somewhere advice relation to completing the online court form....does anyone know where this is, or copy and paste it onto my thread here??

 

Thanks everyone

 

R22

[Janet-M]

It's in the libary .. go to the main forum page and you will see the libary there

[Runner22]

Thanks mjanet!!!

[Runner22]

Hi All

 

After submitting my court claim, Lloyds have not responded to the court within the 14 days given, therefore I have entered judgement (by default). According to the court they had until 25/12/06 to accept the claim - to date no reply. Does this mean i automatically get all money now of £2500? it seems a little too easy...???

 

Hope everybody has had a great christmas and best wishes for 2 0 0 7 ! !

 

R22

[BARTY]

Hi

I would imagine (not certain though) but because of Christmas they may be given a couple of extra days, it's pretty rare for them not to acknowledge the claim, so don't build your hopes up too much yet.

Good luck and keep us informed of how you're doing.

Barty:)

[Michael Browne]

If the date falls at a weekend or bank holiday they will be allowed till the next working day

[Runner22]

Found the information below, on the moneyclaim website (may be of use to others).

 

I feel you maybe right Barty...However they were served judgement on 11th December giving them ample time to acknowledge the claim. Nowhere can I see an allowance for bank holidays etc.... I will post further progress once a decision on Judgement has been made....Wish me luck!!

 

HMCS Info on Judgements for specified amounts

If the court served your particulars of claim in, or with, the claim form, the Form N205A (notice of issue), given or sent to you when you issued the claim, will show the date by which the defendant should reply. This will be 4 days after the defendant was ‘served with’ (received) your claim form. You must wait until after this date before you can take any action.

If the defendant does not reply to your claim, you can ask the court to enter judgment ‘by default’ (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 4 days have passed. Until the court receives your request to enter judgment, the defendant can still reply to your claim. If the court receives the defendant’s reply before your request, that reply will have priority even though it has been filed late.

If you do not request judgment within six months of the end of the period for filing a defence, your claim will be ‘stayed’ (stopped or halted) and the only action you could take would be to apply to a judge for an order lifting the stay.

 

How does the defendant pay?

If the claim was started using Money Claim Online you can submit your request to enter judgment to the court online - simply log on to www.moneyclaim.gov.uk

 

Before you complete the form asking the court to enter judgment you must decide how you want the defendant to pay the amount owing. Think carefully about this. You may want the money paid immediately, but you may be more likely to get it if you allow the defendant to pay by instalments over a period of time. This will depend on the defendant’s circumstances.

 

Complete the request form once you have decided how you would like to be paid. There are notes for guidance on the form to help you. Keep the top half of the form and send or take the rest to the court.

What will the court do with my request?

The court will use the information in your request to complete Form N30 (judgment for claimant).

 

The form tells the defendant:

• how much to pay;

• when to pay it; and

• the address to which money should be sent.

Copies of the form will be sent to you and the defendant. The judgment will be recorded on the Register of Judgments, Orders and Fines.

[Runner22]

Hi everyone!!

 

ok judgement was enetred against Lloyds TSB on 28th december 2006 - have not received anything from Lloyds (not even a letter). i am now going to issue a warrent!!

 

Will keep you all informed (any advice about this??)

 

thanks

 

R22

[Runner22]

Well....After sending a Warrent to the Bailiffs, the Bank have now deposit the money into our account!!!

 

We Won..without too much of a battle!! (Lots of cheers!!)

 

Thank you to everybody on this site who answered my questions and Good Luck with your ongoing claims!

 

Love

R22

[Meteor58]

Hi Runner22,

 

Great news on your claim!! :)

 

Meteor 58

[BARTY]

Congratulations!! :D

Barty:)

[matmondez]

Well done if only ever1s was that quick.

 

Matt