We have **WON**

[geri53]

We have received Lloyds defence to our claim and they us the words insufficiently particularised and embarrasing as has already been picked up by the site. We have now received notice that the proceedings are transferred to our local county court. Also, the aq has been dispensed with in this case. We realise that we may have not submitted the right evidence, we have been through the Martin Lewis templates, to reach this decision. So, help! can we submit anything now to help our case? (the aq being dispensed with). This morning we received a note from the local court saying my husband has to attend a pre trial review. I have trawled the site but cannot find any info on this. What do we have to do to prepare ourselves for this and will a LloydsTSB rep be appearing at the same time?

From feeling fairly confident that we could win this case, we now feel we have met a stumbling block and are very worried. My husband has said we should continue as we have come this far but what do we need to do to add credence to our case

[geri53]

This is a fantastic site but I am getting bogged down with information and don't know where to turn.

I'm new at this posting I did think I posted something yesterday but now I can't find it!

Please could someone give me advice. I think I may have not submitted all the right information with our claim. I thought I could amend our case and do it all on the AQ. The court now being used is our local county court and they have said that an AQ is not needed in this case. However, my husband has to attend the court for a pre trial review. Do we need to take anything for this hearing if not how are we going to be able to put our case. We did send the template letters and calculated interest with the template and this was all sent to Lloyds. Will Lloyds send someone from SAC to represent them?

Until the case where Lloyds won came up I was feeling fairly confident but now I am so worried that we wont win. Somebody please tell me what we have to do for the review I am so worried about this. Thankyou.

[sandiradford]

Hi

I'm in exactly the same position as you! I,ve posted a few messages but have never found them again..... new to all this! We,re at court stage but have no date yet.....and its lloyds.

[christinajanep]

hi guys if u start a new thread then save it in ur bookmarks you'll be able to locate it everytime.

 

i dont think anything is needed for the pre-trial review at this stage is basically a way of the judge deciding what the next step is... what court are u both with .

 

ps i have now subscribed to ur thread geri53 so any messages u post i will see

[GuidoT]

Click on your name and you can call up all your threads and posts, or:

http://www.consumeractiongroup.co.uk/forum/search.php?do=process&showposts=0&starteronly=1&exactname=1&searchuser=geri53

 

This is helpful too:

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts-please.html

Regarding prelim hearing, see here:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Nothing to worry about, SCM do not usually turn up.

[christinajanep]

i thought my way was a bit long winded guidoT so thanku for correcting it

 

christina

[geri53]

thank you christinajanep and guidot for your help this computing is totally new to me and I am struggling a bit. What do we do if we have to defend againt vague and embarassing to make our case sensible as we went via MCOL we didn't make the right noise so to speak.

[GuidoT]

What did you write in your particulars of claim when you completed MCOL?

 

Did you issue you schedule of charges are completing MCOL?

 

I am confused by your post are SCM saying in the defence that your claim is embarrassing? If yes you probably need to amend as here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

[geri53]

SCA said our claim was embarassing and vague particularisation but we have been told there is no QA to be done so how do we amend our claim my husband filled it in I don't know what he said he sent a breakdown spreadsheet of charges to Lloyds but not to court.

[GuidoT]

First of all you amend as the link in my post 7 above and in parallel forward a schedule of charges.

[geri53]

Good morning everyone! Firstly, thanks to GuidoT for your help on 5th June, I havent been back since then. Do I understaqnd that I should fill in form N1 and send a copy to Lloyds and the court, with a copy of breakdown of charges as well. Does it matter that the court has said there is no need for an aq? Also, could Lloyds say that they wont accept a late submission of reasons for our claim? Will it help if we take our copy of this to the pre trial review?

I apologise for being such a pain but as you understand from this point forward we have to get everything right. Thankyou

[GuidoT]

If you need to amend your particulars, do so as my post 7 above and complete N244 and not N1. Include your schedule of charges with it.

 

As I do not know when you pre-trial review is, I am not sure if you should just bring it with you. Best to post ASAP. However, bring a photocopy with you to the pre-trial review to show the judge that you have amended, in case the papers have not reached him by them.

 

Do not be concerned about matters that are not a problem yet, i.e. SCM not accepting (although I have not know SCM to not allow such an amendment) you have enough problems already.

[geri53]

Many thanks GuidoT will now go away and get going will let you know what happens

ps the pre trial review is on 30th July

[GuidoT]

You have plenty of time, get the amendment in.

[BARTY]

Hi

Have a read of these links, hope they help:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

 

Good luck, let us know how you get on.

Barty:)

[geri53]

Hallo Barty, you responded to my query yesterday and thankyou for that.

This morning I have been trying to sort a few things out as to what we need to do. Sorry for banging on about the same thing but my husband has just logged off bcos he can't understand what he is supposed to be doing and he says it's doing his head in! I have just read that the AQ seems to be not required on these cases now. But we have received a document from the court saying that he should attend a pre trial review. There is nothing on the document to say why. Should he take his basic bundle to this hearing?

We have seen that the banks generally don't attend these reviews, but as Lloyds have put in a defence, which seems to be the same defence used in the majority of claims for charges, will they now be attending especially as they have won in two cases?

We also, (as i have said b4, sorry but still worried by all this), need to put in an amendment as we used MCOL and and didn't submit enough evidence. My husband went to HM courts on line to download the form N224 but all he is getting is a blank page. Does anyone know how to sort this out, we are panicking a bit about all this.

We also need T & C for 1999 when we opened our account. Can anyone help?

Do we have to send a copy of the amendment to LLoyds solicitors? We did send a breakdown of the charges along with the template letters but the court doesn't have a copy of these.

The more information I read, the more confused I am getting, maybe I just can't grasp the posts which I am being redirected to??

Sorry for being so long winded but my mind is in turmoil now. :confused:

[cf1958]

Someone correct me if I am wrong but if the N224 form is the same as the N1 form you download it, you can then type all details into it while it is open then print it out, it does not save the details that have been entered.

[geri53]

We received two letters on same day, one was that Lloyds were definitely defending the case, the second was telling us we were going to receive the money, in fact they have offered us more than we requested. But for them to credit money to our account, we had to:

 

Not tell the court

Not show this letter to anyone

Make an appt with bank to see what they could do to offer us help in the future!!

 

I was worried about the conditions, the letter had to be returned to CS&A by 16th July which was last date to finalise court documents.

 

My husband has had enough of the letters arriving telling us we could not have the refund of charges under any circumstances and said we would sign and send back letter.

 

My worry now, is that if we dont make the appt with the bank, will the money be witheld. If that is the case hubby says that we will make appt but not keep it!! If the money is witheld could we proceed to court with the knowledge that they want to pay us, surely thay are admitting that the charges are wrong, even though they insist these are for a service and we havent defaulted.

 

Sorry this is so long but I can see the offer being rescinded if we dont follow instructions to the letter!!

 

Thanks for listening

[McIavelli]

Don't worry geri,

Im almost certain that lots of people here have received the very same two letters.

 

For what it's worth, my advice would be to type up the letters on your thread to make sure that they ARE the same two [problem] letters & if they are, then to accept their offer (great news that they're paying you more than your claiming..That just goes to show just how inept / busy they are).

 

BUT; There is absolutely NO NEED to accept their terms / strings, you will get what is owed to you anyway.

 

Congratulations by the way.

 

McIavelli (I'm not that devious really)

 

PS If you feel that I've been in any way helpful, please give my scales a wee click

[McIavelli]

Oh & don't worry about the "review meeting" at your local branch, if you were to turn up for it the odds are that they won't have the faintest idea why you're there. DON'T WORRY you're almost there

[Titch28]

From other threads I can tell you that most people have not accepted the terms of settlement from the bank but still received their money, some people have set up meetings with their branch and the branch didn't know why they were there, some people have done no such thing and there have been no repercussions whatsoever.

It would seem there is no right and worng here but the bank's just trying to intimidate you!

[Red Rebel]

McIavelly is right ...........here's a letter I used to refuse T&C's from offer letter.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/48032-jakena-barclays-4.html?highlight=jakena

[Red Rebel]

Post 73

[geri53]

Thank you Mclavelli for your help along with Titch28 and Red Rebel. In the reply from Red Rebel I have run off the Jakena Vs Barclays letter you suggested. Unfortunately my husband was so afraid that the offer would not stand without agreement to conditions that he signed it and sent it straight back. We were looking at another claim from Lloyds I suppose we can still try as SC&A did not specify that we could make no more claims.

[McIavelli]

You're well on your way to getting back what's yours, that's the main thing. I bet your husband won't be afraid to help you spend the money though