I am about to go to court with Lloyds - help!

[Katyloulah]

Hi there

 

I followed the process on your site about 3 months ago and am just waiting now. But having seen TMacs programme on TV last night (vgood by the way!!) On your site under READ THIS FIRST section it says that after the letters have been written that you should claim on moneyclaim.co.uk? I did not do this - should I have? I sent two letters had two refusals and then went to small claims.

 

I have just completed allocation Q and am awaiting date for court etc. Lloyds have sent their DEFENCE my god - they really want me to give up!. Also I wondered if anyone may know how to defend myself to some of their comments:-

 

They state: there is no breach of contract, the charge cannot therefore be a penalty, consequently there is no requirement that the charge can be a pre-estimate of the banks loss.

 

They state: the charges are for banking services and are not damages nor a penalty

 

They state: The bank is entitled by contract to impose the charges which are fair and reasonable

 

They state: It is denied that the charges are unlawful or contravene any statute or regulation

 

They state: The customer is notified of the charges in plain intelliglble language at the conclusion of the contract and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to regulation 6 of the unfair terms in consumer contracts regulations 1999 - are not subject to the assessment of fairness

 

They are trying to scare me off I think with all the official banking terminology I am a little uneasy now about preparing my case for court?

 

Any help much appreciated.

 

KLL

 

[HONESTKNOB]

Sounds like a pretty standard defence. Read through some other cases and you will see others who have received the same thing. Keep going with your claim, fill in your allocation questionaire and wait for the cheque to land

[Movingon]

They will have a very hard time convincing a Judge that these charges are for a service. It's called "cloaking the penalty". Do a search on the forums for "cloaking" and you'll find lots of useful info.

[Mal]

The way Lloyds’ usually play these things is your settlement letter is in the post now they have tried everything else in their power to get you to quit! (Though nothing is guaranteed)

 

Hope it works out that way for you

Mal

[Lotta Littlies]

They're trying to intimidate you. It's all tactical. It's a game to see who blinks first. Take comfort in the fact that they've settled claims before now when people have stood their ground. Why would they pay up to so many people if they are so sure their defence would stand up in Court?

 

Just tell them you'll see them in Court and I guarantee you'll get a letter of settlement.

 

Lotta