neilstapley350 VS LloydsTSB

[neilstapley350]

Hi recieved the AQ today and it appears to be a standard 9 point but not quite sure.

 

It reads as follows (Although slightly shortened).

 

1. The Defendant Lloyds TSB Bank plc ........ Claiment customer at the bank at all material time.

2. By opening an acc with the bank the customer enters into a comercial arggrement with the bank for the provision of banking services the bank is ientitled to a part of this agreement to charge for these serivces.

3. By maintaining an account in creditor in within any limit agreed with the bank, the customer may avoid most or all of these charges.............if the bank makes a payment or returns payment as specified int the leaflet and makes a charge in accordance with the terms of the contract.

4. There is no breach of contact.........

5. The customer is given advanced warning of charges.......

6. The charges are fair and reasonable.......denied that they are unlawful

7. The customer is notified in plainintelligible language........The charge are terms which relate to the price payable by the customer for a service provided by the customer by the bank and pursuant to regulation 6 of the Unfair terms in consumer contracts and not subject the assesment of fairness.

8. In the premises

8.1 The charges are for banking services, and are not damages nor a penalty;

8.2 The bank is entitled by contract to impose hese charges which are fair and reasonable;

8.3 it is denied that the charges are unlawfull or contravene and staturte or regulation.

9. The claiments claim is denied in its entirety. It is further denied that the claiment is entitled to the sum claimed to any sum from the bank.

 

 

Is this just there standard defence and carry on with the template for section G of AQ.

Does anyone have old letters that say that the charges are to cover the banks costs as the more recent letters do not state this in them.

[neilstapley350]

After reading other threads it appears it is a standrd defence.

 

Main question now, in the template for Section G do I still need to add the request regarding the small claims track

 

"I am respectfully requesting that my claim be allocated to the small claims track"

 

and

 

"Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track"

 

As the case has already been alocated to it.

[GaryH]

If you want to follow the conventional AQ route, see this - Allocation Questionnaires - A guide to completion

 

If you want to use the new stratagy, see here - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Make sure you read the explaination on post #39

 

If you want to go ahead, print off Bankfodder's draft order from post #2 and attach it to your AQ.

 

Then see post #93 for what to put in section G.

 

Good luck with your claim:-)

[neilstapley350]

hi gary just be sure i have N149 AQ so in the other info section i can add this draft with out causing problems, then the judge will decide track and directions and the bank will have to submit info if they don't i win (in short)

am i right?

 

 

Would the Bank fodders template be written into Section G as is or would you say see attachment print off a copy and attach to the form

 

****Sorry ignor this just re read yout post **************