brian v Lloyds ***WON***

[GaryH]

Here - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

No, as your claim is below £1500 you do not need to pay a fee.

[brian]

i am worried that i am going to make a mistake here so want to check that i am doing every thing correctly filling out Allocation Questionaire as follows

 

Section D witness, myself acting in person.

Section E ....going to put none

Section F ...... going to put NONE

SECTION G new strategy for allocation New strategy for Allocation Questionaires going to copy and paste this just filling in the blanks is this correct?

 

Section H send no money as the value that i am claiming is total charges £1,328.00 interest £149.03 total including interest £1,477.03 minus £750.00 originally total of claim remaining£727.03 plus £80.00 court fees.

Section A .... my answer is no

 

 

a) spread sheet showing how much and when charges were made this is the one i sent to lloyds in the begging deducting from this form the £750.00 that they have already given me is that correct

 

b) Copies of Bank statements that i used to get the information on do these have to be the originals or do i photo copy them?

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) do i also print off the basic court bundle and include this.

 

God this is so difficult would happily pay someone to do this at the moment it worrys me to bits

[Michael Browne]

SECTION G new strategy for allocation New strategy for Allocation Questionaires going to copy and paste this just filling in the blanks is this correct?

 

In Section G put:

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.

 

Then print out the Draft Direction (filling in your own details) on a separate sheet and attach it to the AQ

 

a) spread sheet showing how much and when charges were made this is the one i sent to lloyds in the begging deducting from this form the £750.00 that they have already given me is that correct

 

b) Copies of Bank statements that i used to get the information on do these have to be the originals or do i photo copy them?

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) do i also print off the basic court bundle and include this.

You do not need to include any of the above until the judge agrees to the draft order. See post#72

[brian]

where do i get this from

 

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

[Michael Browne]

See post #72 above.

[LEECHTHEBREACH]

For Gods sake Brian do read the replies you get otherwise you not going to get any help. Just send the AQ with the draft order.

NOTHING ELSE.......got it!

[brian]

thank you

[brian]

recieved a letter from lloyds solicitors today this is how it goes

 

Tuesday 27th february 2007

 

Strictly private & confidential

 

Dear Sir/madam

 

in the xxxxxx County court

Yourself -v-Lloyds TSB Bank plc

Claim number xxxxxxx

 

We refer to the above matter and can confirm that our client will be settling the above claim by crediting your Bank account with the next three working days for the sum of £73.66. Our client has advised that an additonal sum of £750,00 was made to the account dated 10/01/07. you are advised at this stage that by our client meeting your claim on this occasion, this is not to be treated in any way as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerned.

 

We therefore turst you shall write to the court to confirm that the claim has been settled once the funds have been recieved and provide this office with a copy of the letter for our clients records

 

 

yours faithfully

 

Sechiari Clark & Mitchell

 

so telephoned the solicitors and spoke to a lady called Eve today, i pointed out to her that i would not be writting to the court as my claim was for the amount of £823.66, that the original £750.00 was taken as part settlement prior to starting court proceeding and that the original claim was for £1477.03

she told me she would look up the file and call me back. this she did i hour later and confirmed that Lloyds were debiting my account with another £750.00 today. i have confirmed with the bank that on 2nd of march they credited my account with the £73.66 then another £750.00 today plus they have credited my account as they say in there letter on 10/01/07 the sum of £750.00 so in total i have recieved £1573.66 from Lloyds TSB.

 

so just as a foot note would like to say a very big thankyou to all of the people on this site whom have helped me with this claim from the begining to the end. once again a very big thank you

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Please PM a Mod with details of your settlement for the Litigation Concluded forum

 

Congratulations. Enjoy the dosh!!!

[BARTY]

Congratulations Brian!! :D

Really pleased for you!

Barty:)

[LEECHTHEBREACH]

Got your pm thanks and

Congrats Bri well done

so my bxllocking worked !!!!!!!!!!!!!!!!!!!!!!!!!!!

Leech

[GaryH]

Well done Brian!!!!!!!

[lucid]

CONGRATULATIONS!!

Well done Brian! I'm pleased you got there in the end.

 

I hope you had some good celebrations!

 

Lucid

[RIPOFFBANKZ]

I have sent my 3rd letter to LLoyds LBA (letter before action) i have had no response with the last 2 letters from them, (the first letter was asking for list of charges which they did send me), all letters have been sent recorded, what do i do next if no response with the 3rd letter?

 

help

[GaryH]

all letters have been sent recorded, what do i do next if no response with the 3rd letter?

 

In short, you need to file a county court claim - read the step by step instructions and FAQ's and all will become clear. You'll find them by clicking on the red underlined text in my signature below.

 

It is very important that you fully understand the process and have researched each stage before you embark on what is a significant action - you are suing a bank remember, its imperitive that you know your stuff and that you do things properly. Give yourself a few days to familiarise yourself with the process and the basic underlying legal principles before you file the claim.

 

You should also start a thread of your own in the main Lloyds forum. People can then offer help at each stage should you need it, and in fact you will find many others here who are more than willing to assist you if you get stuck along the way.

 

Good luck.

[RIPOFFBANKZ]

I have sent my LBA to my high street bank and not the registered address for the bank, is this ok? when i fill in the N1 Form do i send to the registered address?

[GaryH]

Yes to both - but please start your own thread:) .