The Lovely Lloyds TSB!!!!!!!!!!!!

[Hughesy]

The 14 days doesn't run out til 11th - do I take this as their response and start on the court claim now?

[nicsussex]

Have you sent the letter before action?

[Michael Browne]

Wait for the 11th. In the mean timeyou can familiarise yourself with the process:

Getting MCOL Right

[Hughesy]

Yes the LBA has til 11th

[nicsussex]

Yes the LBA has til 11th

 

That teach me to not read threads properly - carry on you are doing fine.

[Hughesy]

I am filling out the online claim for my friends account and have put the 8% paragraph in the particulars box. Do I also put in that he is reclaiming the court costs or does this happen authomatically.

 

The problem is that if I include the court costs in the final claim total, that then increases the amount charges by the courts so he will still end up losing money!!!

 

Any advice would be greatly appreciated!

[Hughesy]

Don't worry - just found the guide by Michael Browne and I think it's all sorted!

 

A lawyer I am not.........................

[Hughesy]

Just submitted my friends claim online and will send copy of schedule tomorrow by recorded delivery. Anyone got any ideas on timescales or what happens next? I assume that we wait to be contacted by either the court or the bank....?

 

My own reclaim of charges is up to the preliminary request for repayment situation. Lloyds have until the 19th!

[BARTY]

Hi

Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence. You will then receive a copy of their defence and an Allocation Questionnaire to fill in. These links will help you with that:

 

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

 

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

 

Barty:)

[Hughesy]

Have just logged on to MCOL to see how my friends claim is getting on. It has started. Got a bit confused cos they were asking my to choose between Judgement by default or admission.

 

After logging in to the chat room, I now realise that this question cannot be answered until the 28 days is up and I have heard from the courts! So that is what I will do!

 

Mine is still plodding along. Lloyds have until 19th April to respond to my preliminary request for repayment before I send out the LBA.

 

God they do drag their feet......................

[reading rebel]

Hi Hughesy

 

I have just registered MCOL claim, so waiting with anticipation now.

If you have already had a 'bog off' letter from Lloyds, I wouldn't hold your breathe for another reply to your latest letter. I didn't hear a thing.....so straight to MCOL.

 

Best of luck anyway.........

[Hughesy]

I just need to clarify something about the MCOL process..............

 

It was filed on the 16th April - can someone explain what the 14 days/28 days thing is please? Am I waiting for the bank to contact me within the 14 days? Does the 28 days begin as soon as the 14 days expire?

 

Help?????!!!!!!!!!!!!!

[Hughesy]

What do I do if Lloyds don't acknowledge the claim within the 14 days?

[Michael Browne]

Claim Timetable:

Your claim will generally be deemed served 5 days after filing . The deemed date of service will be on the Notice of Issue sent to you by the court.

 

The bank will have 14 days from the deemed date of service to acknowledge. If they do, a Notice of Acknowledgement will be sent to you

 

The bank will then have an additional 14 days in which to file a defence, ie a total of 28 days from the deemed date of service.

 

Once the bank has filed a defence, your claim will be transferred to your local court who will send you a copy of their defence and an Allocation Questionnaire which you fill in and return within 14 days.

 

All timescales are calendar days, should the due date fall on a weekend/ bank holiday, they have until the next working day.

 

 

What do I do if Lloyds don't acknowledge the claim within the 14 days?

They will

[Hughesy]

Both mine and my friends claims have now been served with Northampton Court.

 

My friends has until the 14th for Lloyds to either pay or defend and, so far, we've heard nothing from them at all.

 

Mine has until the 10th June but am not holding out much hope of a response judging by my friends claim!!

 

Will keep you informed............

[Hughesy]

My friend's claim was acknowledged on the 23rd April. He was sent a copy of the acknowledgement which had Lloyd's solicitors details on the bottom and they had ticked the box saying they intended to defend. I sent the solicitors a copy of the schedule of charges.

 

The 28 days is up on Monday and we have heard nothing more from the bank or the court. We have had no defence questionnaire sent to us.

 

Do I go ahead and ask for a judgement by default on Tuesday morning?

[BARTY]

Hi

I would give them a couple of extra days after the deadline, then ring the Court and ask if they have received anything before you go for judgement by default.

Barty:)

[Hughesy]

HELP????????????

 

I am in the middle of requesting a Judgement by Default on my friends case. I have got to the money page on MCOL but it is only allowing me to enter the amount of interest since the claim was issued and not the actual main amount being claimed back.

 

Does this mean it will go through to the court with a total of £23 rather than 4.5K or will the interest amount be added to the total already submitted?

 

I haven't pressed submit button yet as am unsure what to do. The box entitled "Amount of Claim as admitted" is blocked out so I cannot put an amount in there. Is this simply because Lloyds haven't admitted to owing it and the main amount is already in the system?

[jshtr3]

Hi have you read this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

I would suggest sending a letter before pressing the Judgement button.

[Hughesy]

It's ok - sorted it. I rang the court and told them what was going on and they suggested either trying again later or printing out a N225 form from Her Majesty's Courts Service - Home which is basically the paper form of the MCOL process!

 

The full claim amount should be on the page when you request a Judgement by Default so if you get to that stage and have the same problem as me - DO NOT press the submit button.

 

I tried again later and all the correct information was there so I was able to complete it online. The Judgement by Default was accepted and I now just have to wait.

 

Should we be worried about the article in the papers today about a judge throwing the case out of court in favour of Lloyds TSB? Don't really know the full story but it seems the claimant refused a settlement offer from Lloyds and took it all the way to court where the judge ruled against him!

 

Anyone know any more information?

[kfdh1962]

take a look here hughesy

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90521-lloyds-victory-birmingham-perspective.html

[Hughesy]

Thanks for that kfdh, very interesting indeed!

 

I will definately make sure I'm up to speed on all the court stuff before my deadlines up. I've got until the 10th June before I'm in the position to request a Judgement so I'll use the time to swot up!

 

I don't have the original account contract from Lloyds - will this prove to be a problem if I have to go to court?

[kfdh1962]

i dont think it would not having it would be a problem..it may stregthen your evidence having it but i cant see how not having it may weaken your caes..i would imagine many of the cases going to court that have been won against the banks did not have the original contract..

 

take a look at this thread too..ongoing discussion re lloyds win yesterday and also a link to kevboys thread loks like he may appeal

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90521-lloyds-victory-birmingham-perspective-new-post.html

[kfdh1962]

oops...same link again!!!

 

,meant to give this one http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90246-first-victory-lloyds.html

[Hughesy]

MAJOR CONFUSION!!!!!

 

My friends claim: The claim deadline was up on 14th May. I rang Northampton County Court on Tuesday to find out if a defence had been entered, which it hadn't. I therefore proceeded to apply for a Judgement by Default.

 

We have today received a letter from Foot Anstey solicitors (which is dated yesterday) saying that they have not received any breakdown of charges and that we have 7 days to furnish them with a copy or they will move to strike out the claim.

 

I have proof of posting that I sent out a letter/breakdown of charges to Sechiari Mitchell etc after filing the claim, as these were the solicitors cited on the court Notice of Acknowledgement.

 

What should I do now. A Judgement by Default has been allowed on this claim already (15th May) so do I still send them the information? This is going to further delay the process! Are they allowed to submit this defence after the deadline is up - albeit by 24 hours?

 

I'm a bit confused as to what I should do next? Any advice would be greatly appreciated.