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Re: Taking Lloyd's bank to small claims
Thank you
Got it. You never responded to that letter at all did you?
There are faults with their defence that can be challenged but really to move forward with this it would mean a major amendment of your claim ( requiring an application and possibly a hearing - application fee is £255 ) There is a relatively high risk of costs being awarded against you, and the arguments are extremely complex - it can be done (in my opinion anyway) but it's not something I would try, or get anyone else to try on their own at the moment. You would need representation and it is likely that any ruling in your favour ( or even against you ) would go to an appeal.
You'd also need to amend the claim to cover the full amount of charges taken, plus the interest apportioned to the charges and so on, which would increase the court fee and potentially it would go to the fast track.
That sounds like I'm trying to put you off, and I suppose I am really, this is a hugely different ball game to the claim against Trades Gateway who are scammy small fry in comparison to Lloyds and you need to be fully aware of the risks.
Personally I'd discontinue and hang fire until Legal & Trade or whoever they pass the remaining debt to try and bring a claim against you, and hope that by then there has been some progress on charges through court which you can use to defend their case / counterclaim.
This is just MY thoughts though - I suspect others will have varying opinions.
Sloane ( who's case I mentioned before ) tried to proceed on his own with a poor particulars of claim ( quite similar to yours currently - sorry ) and didn't attend any hearing - his case was struck out and the bank ( Halifax rep'd by TLT solicitors ) were awarded over £6k of costs against him.
Oh btw, did ANY of your letters to Lloyds mention the UTCCR ( unfair terms in consumer contracts regulations ) as there's no mention in the Resolver complaint letter or the Ombudsman letter, so it's interesting they have mentioned that - wonder if they have a bit of a template going on to quash these kinds of claims.
Thank you
Got it. You never responded to that letter at all did you?There are faults with their defence that can be challenged but really to move forward with this it would mean a major amendment of your claim ( requiring an application and possibly a hearing - application fee is £255 ) There is a relatively high risk of costs being awarded against you, and the arguments are extremely complex - it can be done (in my opinion anyway) but it's not something I would try, or get anyone else to try on their own at the moment. You would need representation and it is likely that any ruling in your favour ( or even against you ) would go to an appeal.
You'd also need to amend the claim to cover the full amount of charges taken, plus the interest apportioned to the charges and so on, which would increase the court fee and potentially it would go to the fast track.
That sounds like I'm trying to put you off, and I suppose I am really, this is a hugely different ball game to the claim against Trades Gateway who are scammy small fry in comparison to Lloyds and you need to be fully aware of the risks.
Personally I'd discontinue and hang fire until Legal & Trade or whoever they pass the remaining debt to try and bring a claim against you, and hope that by then there has been some progress on charges through court which you can use to defend their case / counterclaim.
This is just MY thoughts though - I suspect others will have varying opinions.
Sloane ( who's case I mentioned before ) tried to proceed on his own with a poor particulars of claim ( quite similar to yours currently - sorry ) and didn't attend any hearing - his case was struck out and the bank ( Halifax rep'd by TLT solicitors ) were awarded over £6k of costs against him.
Oh btw, did ANY of your letters to Lloyds mention the UTCCR ( unfair terms in consumer contracts regulations ) as there's no mention in the Resolver complaint letter or the Ombudsman letter, so it's interesting they have mentioned that - wonder if they have a bit of a template going on to quash these kinds of claims.
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