Lloydstsb

[benjy48]

Hi I have been pretty slow at this. I am about to send my LBA with the charges list added. Do I send all correspondence using recorded delivery mail, as I am just about to send the LBA using first class.

[benjy48]

sorry the prelim letter..

[monopoly23]

Yes. Send everything recorded. That way you know when they have received it, and you can start your countdown from then. I personally print out a copy of everything I send and keep it in a file with the 'signed for' receipts. With all my letters and their letters in a file in order, it's easier to see exactly what you've sent and when, and how they've replied and when.

[benjy48]

Thanks Monopoly23 or can I call you Mono for short...Yes everything recorded delivery. Will start it tomorrow Wednesday 5th.

[monopoly23]

No problem.

Hmm mono..... sounds like i'm diseased!

[benjy48]

Hi I have received the usual response letter on 14/6/07. This now means an LBA, right?

[monopoly23]

Alot of people wait until the 14 days are up if they get a reply from the prelim sooner than expected, just to be on the safe side. If you sent it on the 5th, I'd personally wait until the 19th to send the LBA.

[broke dave]

I agree. You only need to wait a couple of days. It all helps to show the court what a reasonable person you are

[benjy48]

Hi again everyone,

 

I am about to send the LBA, had a little trouble earlier due to illness. Another thing is that lloyds were still supposed to send me statements back dated to 1 September 2001, which is 6months short of what they nhave already sent me. Can I add to the LBA letter a short reminder for them to send me these...

[benjy48]

BLAST!! I've just remembered that I sent the statement of charges with the 8%APR column. This column should have been deleted until the claim went to court, right? Also the 14 days are up on the LBA. This means I should start to write up an N1 form, yes?

[monopoly23]

There's nothing you can do about it now. I doubt it would ever come up but if it does you can always say that you fully expected to have to take this to court, based on the amount of claims you know of. Also that the amount you sent shows them how much more they'd be likely to pay if they did not settle sooner rather than later.

 

Yes now you can file you N1. Make sure you get all the details correct

It will cost £35 to correct any and this is non-refundable.

 

Good luck

[benjy48]

Thanks Monopoly23, You have been a great help! How close are you towards winning your claim? Any stumbling blocks? Be encouraged, youve helped me so I believe it will go well with you.

[monopoly23]

I only filed on the 11th so still waiting for the claim to be served on them. I hope it goes well for you too!

[benjy48]

Hi Monopoly23 or anyone else. I am about to setup my N1 court form but I noticed on the court fees link that on claims of £5000 or above you pay about £250! Is this what you give the court on submitting the N1 and Particulars of Claim?

[benjy48]

Hi Also in the N1/POC template I am a bit confused about this part:

 

Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Where in the spreadsheet does it show you how to calculate O/D interest seperately? And where do I calculate the County Courts act?

Basically I need help filling in the POC and N1 form, thanks...

[monopoly23]

Yes it is £250 and you hand this to the court when you file your claim. They will give you a receipt.

 

When you sent your LBA and prelim letters did you not send a schedule of charges?

 

If you used the spreadsheet from here, it automatically calculates the s.69 interest for you.

 

If you were claiming OD interest, you should have had this in the letters from the start. If you're not claiming it, you just leave it out. Its very complicated to work out as you have to calculate what pecentage of the OD interest you've paid actually relates to charges applied whilst you were overdrawn.

 

Let me know and post back on here.

[monopoly23]

Double post.

 

Have to go out but I'll get back to you when I get in.

[benjy48]

Hi Monopoly23, thanks for the response. You said

 

"When you sent your LBA and prelim letters did you not send a schedule of charges?"

Is this the APR column in the simple spreadsheet?

 

You also stated

"If you were claiming OD interest, you should have had this in the letters from the start."

In the spreadsheet are different items including O/D interest, so I have to extract every O/D interest item from the list and calulate this seperately?

 

You also mentioned;

"Its very complicated to work out as you have to calculate what pecentage of the OD interest you've paid actually relates to charges applied whilst you were overdrawn."

To which I reply - two paracetomals please...

 

Again thanks for all your help monopoly23, one of the few that has time for others even though you are going through the same stresses, hats off to you!

and another thing, the courts want to charge £250 for the N1???

Looks like I will have to take them to.. er.. court too!!

 

bomchickawaowwaaaaaaow!

[monopoly23]

LOL Hi benjy,

 

The first bit.

On the simple excel spreadsheet you use from here, there are 5 columns, the last being the 8% s.69 interest. When you send your prelim and lba, you send this without the last two columns (days since offence and 8%).

So when you originally saved it, it should still have these columns in. You print the whole thing off to hand in with your N1.

 

The second bit.

I personally haven't claimed for OD interest, even though it would make a HUGE difference to my claim, the reason being that it is extremely hard to calculate. Someone else would probably be better to advise you on this but here are my thoughts.

1) If you claim OD interest you have to state this to the bank from the start.

2) I dont know if it matters or not that you havent.

3) You use a different spreadsheet for working it out, you'll see why in a minute.

 

The third bit.

The reason you need a different spreadsheet is because you have to type in the balance of your account at each transaction, and if you had any interest free section of your overdraft, so it can calculate what proportion of the interest you paid each month was levied because of the charges.

Like I say, its very hard to get your head round and I didnt bother, mainly because Im still waiting for all my statements.

 

As an example, if you had an overdraft of £100 and in that month you had charges applied of £50, you paid interest of say £16. You would be able to claim £50 worth of that interest back, 50% is £8.

 

If you had an od of £50 and £50 of charges, then you could claim all the od interest for that month.

 

It gets complicated when you have an overdraft of £1750, and charges of £75. Some of these charges take you over your od limit. So you would be claiming 10% of whatever interest was applied, but you could claim any that took you over your limit at their unauthorised overdraft rate, and the rest at the standard overdraft rate.

 

You see why I didnt bother?

 

( ) ( ) Will these do for the paracetamol?

 

If you're still stuck completing the N1 or SoC let me know.

 

Please click my scales if Ive helped!

[benjy48]

Hi Monopoly23 how is your claim coming. Mine has stalled until I can get hold of £250. This will be a long haul, I can tell you.

[monopoly23]

Hi, Lloyds have until the end of this month to acknowledge the claim, then if they do, until mid August to file their defence.

 

Thanks for the click BTW!

[benjy48]

NP:)

[benjy48]

Hi I have just recieved more statements from Lloyds dating back to march 2001. These are the statements I asked for in the beginning of my claim. However I dont think that there are any entries for charges as I may have had an agreed overdraught limit. If this the case then there wont be any charges for overdraught, but charges for DDs and S/Os and bounced cheques, I suppose.

[monopoly23]

If you didn't exceed the agreed limit in that whole time, then there shouldn't be any charges on there. If there is, just add them into your schedule of charges in the right place and keep adding any you get right up until you file the claim.

[monopoly23]

Hi Benjy, just to let you know, we just WON our claim!!! We got a letter through this morning offering full settlement!!

 

Hopefully your claim will be as easy!