Claiming back charges where do i start?!

[GuidoT]

This is a good place to start:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Read around this site for several hours, it is not straightforward, but you must get it right or Lloyds will exploit you errors.

 

To obtain your statements you will need to send this letter and the fee.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

I have not heard of anyone obtaining statements by going into their branch.

[GuidoT]

As you would expect Livelylad is completely correct, by pushing further, I believe what is meant is that Lloyds will look to offer you less than half or nothing at all.

 

There is absolutely no point in reducing any of your claim at present, it could be construed as a sign of weakness and in any event why would you want to concede anything at this stage, it is your money that they have taken.

 

Lloyds have a strategy for claims and so do we, we should stick to ours and they will stick to theirs. Ours involves claiming the full amount plus interest, taking the legal steps per the FAQs etc. (in this site) and Lloyds' strategy involves delaying and denying everything and eventually settling in full prior to the hearing.

 

However, I firmly believe Lloyds are changing their strategy and settling earlier, as the courts are becoming increasingly impatient with Lloyds' litigation strategy.

[GuidoT]

377414 - Best to start your own thread as here:

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts-please.html

Once you have your own thread we can follow your progress and we will help you along the way when you have questions.

[GuidoT]

As Lucid said, add them on. You can add on charges until you file the claim at court, thereafter it becomes more difficult.

[GuidoT]

You either go no response, or as good as no response with nonsense words that say we are right, you are wrong, therefore no refund of charges.

 

With Lloyds you nearly always have to commence proceedings. However, they have been refunding as a goodwill gesture £750 lately (irrespective of the value of your claim lately). Hopefully they will give you a refund so that you have funds for the court fee.

[GuidoT]

Cabsi28 - I think you are okay now, I see you have your own thread and a good answer to your post above.

[GuidoT]

Providing you file on line and in case you are not aware send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[GuidoT]

Post 78 spot on and should keep a copy of everything.

 

This is probably the spreadsheet you have located to calculate interest:

http://www.cag-files.co.uk/barracad/Spreadsheets/England/Simple-charges-calc.xls

 

It maybe the you do not have Excel on your computer, if you have access to another computer then try opening on that or alternatively try this, allthough not recommended and cumbersome:

http://www.consumeractiongroup.co.uk/chargeinterest.php

[GuidoT]

If you mean in lieu of MCOL of the hard copy N1 then yes N1 fine.

[GuidoT]

Better to complete the PDF version:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

But if that present problems then complete the one the court sent in the post.

[GuidoT]

Do i send the N1 to the court who sent me it (which is my local small claims court) or is there a main office it has to go to?

 

Im hoping to get this sent off over the weekend or monday but once the court receive it i take it they send me a confirmation they received it? and it says in the leaflet i have the court then send a copy of the claim form and a response pack to lloyds how long do lloyds have to respond?

 

It is best to ask the court to serve the papers on Lloyds. I sent a letter covering my claim form as below to the court:

 

'Please find attached 3 copies of a Claim Form and Particulars of Claim in respect of the above matter. Additionally attached is a cheque for £120 made payable to HMCS to cover the court fee for commencement of proceedings.

 

Please will you issue the Claim Form and serve it with the Particulars of Claim on the Defendant and return the Writer a sealed copy.'

 

Lloyds then have 14 days to file an Acknowledgement of Service from the date the claim form is deemed served, the court will tell you the specific dates in a Notice of Issue with a sealed copy of your N1 usually within a week of you filing at the court.

[GuidoT]

You tried to send me a PM, but my in box was full, empty now. I presume you wanted me to look at this so I have.

 

5a) is just the charges and not the interest.

 

You need to deduct £135 from your total charges. Deduct this sum from the most recent charges so that it has the minimum effect on your interest. Show clearly that you have deducted the £135, in case attempts are subsequently made to take it again by Lloyds.

 

Remainder of particulars are fine.

[GuidoT]

Does not matter too much as long as it is clear. I would adjust on N1 to avoid the use of Tippex.

[GuidoT]

If you claim is >£1.5K then yes further fee and it is recoverable from the other side.

[GuidoT]

You are not allowed to stop now, we will help you along here so that you get your money.

 

These should help you complete the AQ, New Strategy really a must now:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

.

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

[GuidoT]

The court will send usually with the defence, unless dispensed with:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html

 

Regarding T&C you may find them here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

[GuidoT]

This is likely to mean that your AQ has been dispensed with - phone the court and check and post up.

[GuidoT]

Dispensed means, done away with, in theory it should speed matters up. You usually have to pay the £100 if your claim is >£1.5K, check when you phone the court.

[GuidoT]

You will get some time to pay, a few weeks probably.

[GuidoT]

PM me your email address please.

[GuidoT]

You have returned.

 

We just have to be patient, I do not see the stays coming off this year.