Lloyds TSB

miss-bonkers

Hi all, does anyone understand this defence ?? sorry for it being long!!

1. This defence is served without prejudice to the defendants contention that the Particulars of Claim is insufficiently particularised and is embarrassing. The defendant reserves the right to plead further to the particulars of claim once theyare sufficiently particularised.
2.The defendant will object that the particulars of claim in this action disclose no reasonable cause of action against the defendant and makes no specific allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed.
3. The particulars of claim do not comply with Rule 16.4 1a of the Civil Procedure Rules as "amongst other things" they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of£****.74 is arrived at and the particulars of claim are too vague. The particulars of claim shows no reasonable grounds for bringing the claim.
4. The claimant should, therefore, be ordered to file and serve an amend claim to set out the full particulars of the bank account and the charges they are seeking to recover, identifying each charge, the date and the amount of charge and why the claimant in each case they allege it is a disproportionate penalty and thus unlawful.
5. The defendant should then be given the opportunity to defend the proceedings further.

i couldn't understand any of this can anyone out there explain any of this, my heads turned to mush!!!

many thanks
Kim

K_J_Wheeler

miss-bonkers wrote: »

Hi all, does anyone understand this defence ?? sorry for it being long!!

1. This defence is served without prejudice to the defendants contention that the Particulars of Claim is insufficiently particularised and is embarrassing. The defendant reserves the right to plead further to the particulars of claim once theyare sufficiently particularised.
2.The defendant will object that the particulars of claim in this action disclose no reasonable cause of action against the defendant and makes no specific allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed.
3. The particulars of claim do not comply with Rule 16.4 1a of the Civil Procedure Rules as "amongst other things" they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of£****.74 is arrived at and the particulars of claim are too vague. The particulars of claim shows no reasonable grounds for bringing the claim.
4. The claimant should, therefore, be ordered to file and serve an amend claim to set out the full particulars of the bank account and the charges they are seeking to recover, identifying each charge, the date and the amount of charge and why the claimant in each case they allege it is a disproportionate penalty and thus unlawful.
5. The defendant should then be given the opportunity to defend the proceedings further.

i couldn't understand any of this can anyone out there explain any of this, my heads turned to mush!!!

many thanks
Kim

Hello Kim, How far have you got with your claim? Have you sent the bank letters and a spread sheet showing dates and charges taken from your account? To me the way it is worded suggests that they haven't had a complete breakdown of the amounts that you are asking them to pay back.

miss-bonkers

Hi
have sent all the letters and spreadsheet showing dates and charges, are they trying to get me to send them all again? shall i just send them to the court ? Have now got a court date of november 14th.
many thanks
Kim

K_J_Wheeler

Hi, Kim, Well, if you have sent all the letters and detailed the charges in a spread sheet and you have letters from them confirming they have received them, then I would just push on with the court case.

Good luck

miss-bonkers

HI
will let you know how it all goes, also have a court date for august 14th for abbey national, maybe there's light at the end of the tunnel!!
many thanks
Kim

ballet_dancer

i started a few months ago
asked for statments of tsb worked out to 5 thousand 4 hundred sent next letter got reply 8 weeks late saying there going to deposit 750 pound in my account as a good will and that all ther willing to do

Beate

Fairly standard Lloyds TSB response, tell them you will accept the money as part payment and without prejudice only and will continue claiming for the rest. Pop over to the Lloyds threat to see how others have got on.

Liz_Morgan

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bygrace_2

because the money has been put in my acct do i then send a letter accepting the £750 without prejudice but tell them i will be seeking the rest through the fo, or do i leave it for the fo to sort out

ronnie3108

bygrace wrote: »

because the money has been put in my acct do i then send a letter accepting the £750 without prejudice but tell them i will be seeking the rest through the fo, or do i leave it for the fo to sort out

I would definitely write to Lloyds and also the FO advising that you will be pursuing the whole amount, otherwise the FO may think that you are settled on £750 ad close the case.