URGENT Letter from Lloyds Solicitors trying to get me to back down

monstertruck_monkey

I've been trying to reclaim my bank charges from my business account with Lloyds TSB, sent the letters and had the usual responses. Took the next step of issuing court forms, to which I received a letter back regarding the particulars of the claim, I sent them the list of charges along with details of the interest that I wished to claim too. I have now received another letter which says
"You still have shown no cause of action. Your claim has not been properly pleaded and you fail to show any legal basis for your claim. Please provide your proposals for an amended claim within 7 days from the date of this letter, otherwise we will make an application to the court to strike out your claim."
They have enclosed a copy of their defence with the letter I need a bit of advice now as to where to go next and what I need to send back to them. I have 2 days to come up with something as the letters arrive with only a couple of days left to reply to them.

Any help on this would be great

ALIBOBSY

I know this isn't direct help, but the old bank charges group (now the consumer action group) is much more focused on charges reclaiming and I have seen business account claims on there. Worth a read.

Good luck

brightonman123

did this reply come direct, or via the court? they may be trying to scare you off from going further.

it's up to THEM to prove your claim invalid, so hang tight until summons expires, athen apply for judgement.

monstertruck_monkey

Hi thanks for the response the letter came from Martineau the Solicitors acting on behalf of Lloyds. The letter comes with a 2 page defence which is basically the same as the details of charges that come with the account. and sayiny that they don't feel that they have acted unlawfully,the bank is entitled to impose charges that are fair and reasonable. They are asking me to submit a proposal for an amended claim by tomorrow. Any suggestions on what i should send back as a reply?

Sol00

Are bank charges reclaiming not 'stayed' until the Test Case completes, or is that just for individual reclaiming?

oscar52

personal bank accouts are stayed, on hold whatever.

Business bank accounts are not - can reclaim what you like.

monstertruck_monkey

Still not to sure what to put in the reply to them any suggestions welcome

esmerellda

Can you post up your particulars of claim please.

thank you.

monstertruck_monkey

yes no probs
nov 2008 sent off the first letters which received the standard response
jan 2009 sent off the letter asking that they deal with my case on a hardship basis as I was struggling to make mortgage repayments and had been made redundant from my full time job. Got another letter back telling me to sod off and take it to court.
Filled in the court forms, had confirmation from the court that they had received the claim,
Letter from Marineau Lloyds solicitors requesting details of all of the charges, requesting a reply within 7 days.
And now a Letter with a copy of their defense and stating that I have no cause for leagal action and the claim has not been properly pleaded and that if i do not reply by today with an ammended clain they will make an application for the court to strike out my claim.

The claim is over 2 accounts for a total of 2628.90 plus court fees
Getting desparate as to what to send them now so any suggestions as to what to put in this letter would be great.
Thanks

nickmack

monstertruck_monkey wrote: »

yes no probs

The Particulars of claim that Esmerellda was referring to is the wording you used on your claim form.

monstertruck_monkey

Sorry new at this you'll have to bare with me

This is what was written on the form:

Bankcharges made against Hxxxx Smith
Trading As xxxxxxxxxx(AC No
xxxxxxxxxx)and xxxxxxxxxx(AC No )
Between 30/11/2005 and 10/12/2008.
Defendant has been contacted on a number of
occasions regarding this matter and refuses
to refund monies. The claimant claims
interest under section 69 of the County
Courts Act 1984 at the rate of 8% a year
from 30/11/2005 to 12/12/2009 of £142.65
and also interest at the same rate up to
the date of judgment or earlier payment at
a rate of 8% a year.

hope this helps