gurggles v lloyds tsb

[gurggles]

Hi,i need a liitle help,im due to put my papers form 1 and 1b summary cause claims into the court on Monday .I have worked out the interest useing the simple interest sheet provided in this forum.What are the different interest that i am claiming and what should i add?

i am claiming £1475,after useing the spreadsheet, below is what i get,do i add up the 289.27+402.04 and add it to the 14758)? and what is this amount total claimed at date of sevice?

Thanks for any advice

 

 

 

 

 

 

 

£1,475.00

 

-£289.27

 

 

 

 

TOTAL CLAIMED AT DATE OF SERVICE:

 

£1,185.73

 

 

 

 

JUDICIAL INTEREST AT CURRENT RATE OF 8%

 

£402.04

 

 

 

 

TOTAL CLAIMED AT DATE OF JUDGEMENT OR PAYMENT

£1,587.77

[gurggles]

Can anyone see anything wrong with this?,its pretty basically from the template?As it is near to lodging the papers i am double checking and getting nervous,i dont want to make any stupid mistakes ,

.

.

The details of the claim are: The claimant, XXXXX, has held a bank account with the defendant since on or before 1999 the account number being XXXXXX.The defendant deducted from the account various amounts of money in penalty charges during the period 31/01/03 to 01/11/06.These were in respect of: “charges as notified”(levied if a cheque or direct debit payment was returned unpaid because the specified overdraft limit had been exceeded)

The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money. The defendant has refused full payment of these monies due. (Copies of correspondence can be provided).

No admissions are made by the claimant as to the incorporation of any term into the contract between the claimant and the defendant purporting to entitle the defendant to levy these charges. If the defendant is able to establish that the contract did contain such terms, the claimant will contend that these charges are unenforceable at law being penalty charges designed to penalise the claimant for a breach of contract and generate profit for the defendant rather than being liquidated damages designed to compensate the defendant for actual loss occurring to the defendant as a result of the breach.

The claimant claims from the defendant a sum equivalent to the amount unlawfully debited from the claimants account in the period 31/01/03 to 01/11/06.The sums are detailed in the attached schedule. The contractual provision that permits the defendant to levy such charges is unenforceable by virtue of the unfair contract terms in consumer contracts regulations (1999) the unfair contract terms act 1997 and the common law.

The defender has a branch in Dumfries therefore is under the jurisdiction of this court.

thanks.

[gerrybhoy]

hi mate, i just lodged my papers yesterday at paisley sheriff court against LTSB also. Used exactly that text and the clerk checked it all over and it was fine. I didn't put the actual interest calculation on it as you ask for it in the "form of decree" bit on the first page of your claim form anyway (The Pursuer claims from the defender the sum of £xxx with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expenses of bringing this action)

, so it should be added when you win!

Good luck...

Gerry

[gurggles]

hi mate, i just lodged my papers yesterday at paisley sheriff court against LTSB also. Used exactly that text and the clerk checked it all over and it was fine. I didn't put the actual interest calculation on it as you ask for it in the "form of decree" bit on the first page of your claim form anyway (The Pursuer claims from the defender the sum of £xxx with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expenses of bringing this action) , so it should be added when you win!

Good luck...

Gerry

Thanks for the reply,i would hate to start it and lose it for something stupid.

Hopefully we will both be a few bob better off :grin:in however many months it takes to get sorted out?:o

[gurggles]

papers in today,cost £39 ,then £31.25 for sherifs offficer to deliver them to the bank.They have until 28thJune to reply and the first hearing is 5th July.

Please god just pay out:-|

[gurggles]

Hi, i have recieved the form 1,1b back from the sheriff officer after serving it to the bank manager at my local branch.I have recieved a slip from the bank acknowledging that they have recieved it.Do i have to inform the court they have acknowledged it?What else will i get from the bank to know if they are defending it or not and is there a time scale?

[Jaybabes]

You just need to hand the papers u got back from the SO back into the court and then its just a case of sitting back and waiting

[gurggles]

Hi again,i havent heard from the bank yet but am worried since lloyds won in birmingham.i am claiming 1475+expences,if i have to go to court what am i supposed to day or have in defence of the claim,i have looked through this site but am confused as to what i have to do?

[gurggles]

yesterday was the last day for ltsb to put in a defence,they havent?

i have filled in a decree and the woman at the court said i have to wait until 5th july the court date to see if they ask for more time?then it would be two weeks later before i was paid.So have i won as im not sure what is now going on?

[stevokenevo]

you've not won yet, but keep an eye on your bank balance for a healthy deposit around the 2nd/3rd july ;-)

[gurggles]

you've not won yet, but keep an eye on your bank balance for a healthy deposit around the 2nd/3rd july ;-)

 

 

£1522 paid in today...woo weeeeeeeeeeeee:D

No interest or court cost but will go and see the clerk tomorrow before they hand out the decree on the 5th.

Thanks to all who assisted and encouraged,i have to admit the closer it got to the 5th July the more nervous/terrified i was getting.

Tomorrow after work and when i have calmed down i will be donating to this site.I hope everyone is as lucky as me.

Will keep you up to date as per the interest ect.Off to Fridge for a HUGE Vodka n Lemonade...............Wooo Hooo:):)

[stevokenevo]

congratulations !!!