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

borgbaiter

hi

lloyds are correct. you have not shown legal cause for the return of money.

it needs to include the unfair terms in consumer contracts 1999 and common law of penalties.

i dont have a full particulars of claim here but would suggest looking on CAG which has a fuller version than the one on this site.

you will have to submit this to the court on a form N244 for which a fee will be payable.

hopefully someone can advise you more fully.


Borgbaiter

esmerellda

Hiya, Yep Borg and Lloyds are correct.

what you will need to do is apply to amend your claim.

This will cost you i think £35. You need form N244( http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf ) from the HMCS site.

Its quite straightforward but if you need help with it shout. You want to amend your particlars of claim without a hearing with a district judge, basically.....when you look at the form that will make sense.

Do your new Particulars of claim - http://www.legalbeagles.info/forums/showthread.php?t=1862 on a seperate bit of paper, you'll need to send three copies of each to the court.

monstertruck_monkey

Thanks Esmerellda, Do I need to send a copy of the amendment to their solicitor or just the three copies to the court?

borgbaiter

hi

technically, i dont think you have to, but to be polite i would do so with a covering letter thanking them for their help in pointing out the lack of detail in your poc which was an unfortunate oversight.


Borgbaiter

monstertruck_monkey

I did as suggested and sent in an ammended claim forn to the court and received back a letter saying that:

Without Hearing
It is ordered that:-
1) Following the filing of a defence or holding defence that claim shall be stayed pending the judgement in the Office of Fair Trading test case.
2) Liberty to apply with an explanation

What does this mean and do i need to do anything?
Do i have any cause to persue things due to the fact that i put in a financil hardship claim when i first started this process which they have completely ignored?

All suggestions and help welcomed

esmerellda

Hi there, well done....no you don't need to do anything. Basically it means the bank now has to file their holding defence (will be bog standard drivel) and then your claim will be put on hold.

Now I dont think you have mentioned hardship before - can you give me a brief outline of your circumstances and what you have done thus far directly to the bank regarding your hardship claim please. Then we can see what needs to be done on that score.

The claims in place now and will sit there accruing interest till after the test case - if we get a refund in the interim they will just knock it off the final payout once the OFT/Court get sorted.

Many thanks

monstertruck_monkey

When I sent in the original letter I stated that I wished my case to be considered within the remit of financial difficulties as I have arrears on my mortgage (which I an able to prove by my most recent statement from my mortgage company). The claims of financial hardship in the letters I sent on the 2/11/08 were completely ignored in their standard response letters I received on the 6/11/08. After this I received another letter which basically told me to speak to my relationship manager, who obviously said that there was nothing that she was authorised to do. When I asked Natwest to consider my claims of financial harship they had me fill in forms and I managed to get an offer from them which I have accepted.

esmerellda

The arrears on your mortgage will be the main thing with Lloyds.

how much arrears are you in? with lloyds you have to be a bit more proactive than the other banks, do your own IE and send evidences with a letter detailing how much you need to save your house etc.

I have answered on your LB Thread also

BigNige

Hi there

Sorry i am a little confused at the above thread. I am trying to get a definitive answer on whether I can claim back unfair charges on a business account.

Most of the comments on the forums have said business bank accounts arent covered under the Unfair Contract Terms regulations and that they are instead covered under common law instead. As far as I am aware the OFT test case is not applicable to common law.

However in this posting, it seems that people are saying you CAN apply to get business charges refunded?

Please can someone clarify? Thanks

alterego_2

"business bank accounts aren't covered under the Unfair Contract Terms regulations"

I'd be interested to know about this, too. My business Barclaycard charges £25 for a late payment!