Oli - v - Lloyds

[orfoster]

Hi all,

I am starting to have problems with Lloyds and the charges they are applying to my account.

I have a claim in with the small claims for £90 charges that I put in about Nov 07. It was stayed but since then I have moved banks and incurred a total of £650 charges between nov and now!! I haven't touched the account since April.

They have now sent me default notice etc. Its starting to annoy me because I have written in previously saying the amount I owe is in dispute and yet they are still saying they will default me although they would be breaking banking code (section 13.2) I think.

I have said to them that I have a £500 overdraft but the account as of 5 days ago was £964 overdrawn which is mostly charges. So I offered them I would agree to pay everything but the charges so that works out at £314 and that would be in full and final settlement but they won't accept that.

I don't really know what to do because if I go down the court route each month the charges will snowball and they will still chase me for the debt. I do already have a small claim going with Lloyds but I don't know if I should amend it to add the newer charges.

I know I need to send them another letter but don't know if I come under a hardship case. I saw a thread on here where it looks like I have indications that the bank should pick up on as a hardship, I have had no credits to the account since april, more than £500 charges in under a year.

I don't quite know what to do now?

[Amethyst]

Re: Oli - v - Lloyds

Hey

Yes you should amend your claim, wouldn't do it at the courts as yet, but I would do a new schedule and send it off to the legal dept with a letter saying although your account is in dispute they continue to add charges to it, and you will be adding these to your claim formally once the stay is lifted.

In same letter reiterate your offer to pay to £300 odd if you can afford it, and request to close the account once it is cleared.

I'm not sure you would meet hardship criteria tbh but if you list points under the terms of the waiver we can have a look and decide better.

[orfoster]

Re: Oli - v - Lloyds

Hi thanks for getting back to me.

I will sort that out tomorrow and get a letter out to them and maybe send a copy to Collections who are chasing me.

No I doubt I will come under hardship rules to be honest. It just annoys me that they are still adding charges to the account. So I think I will make them an offer to settle but i doubt they will accept it.

Will let you know how I get on.

[Davy-m]

Re: Oli - v - Lloyds

Can someone tell me how you go about increasing the amount of your claim when the amount of charges has increased since the date you raised the action. I am in a similar situation to Oli but have opposed the Stay (Sist) up here in Scotland. Although the postponement of the case was rejected by the Sheriff, the date for the hearing is October 31st. In effect the bank has managed to delay the hearing date by three and a half months. What mechanism can I use to add the addtional charges to the original calim.

I will be most obliged for any help.

Cheers and good luck with your claims.

Davy-m

[Amethyst]

Re: Oli - v - Lloyds

Hi Davy

I'm not that sure of the scottish system but I will look it up for you.

Usually it would mean submitting an application for permission to amend your claim, and possibly, if the bank gets arsey about it, a hearing to confirm the amendment etc,

Will check it out for you

Ame
xx

[Amethyst]

Re: Oli - v - Lloyds

this is the form. I'll check on fees.

http://www.scotcourts.gov.uk/sheriff...pplication.pdf


fees you have to check with the court. ( NB: Additional fees for further steps in procedure may be required - please confirm with the appropriate sheriff clerks office.)

2.15 Amending the claim
After you have lodged the summons in court and it has been served on the defender, you may wish to change something in it. For example, you may have forgotten to include some important information in the statement of claim, or you may discover that something you have stated is wrong. You may even wish to change the amount claimed.
If you wish to amend the claim, you may apply to the court to do so at any time during the case before the sheriff finally makes a decision. You could do this by lodging a document known as an incidental application, or, if appearing in court, you could ask the sheriff to allow the amendment at that time.
Information on how to make an incidental application can be found in Part 4 of this guide – ‘Going to Court’.
If an amendment is applied for and allowed in an undefended action, the court might ask that the summons, as amended, be served upon the defender again. If this happens, the sheriff clerk will fix a new return day and a new hearing date. The case would then proceed as if the original service had not been carried out.



4.13 Incidental applications to the court
During the course of the case, either the pursuer or the defender may wish to apply to the court for an order to have something done. This happens by applying to the court for an ‘incidental application’.
Here are some examples of the kind of applications a party might make:
•
An order for recovery of any documents which might help prove the claim (such as work records) when these cannot be otherwise obtained (see paragraph 4.17)
•
A request to postpone the date of any hearing
•
A request to transfer the case to another sheriff court
•
An order for payment of an alternative sum claimed where the defender has failed to deliver an item, after having been ordered to do so by the court
•
A request for a witness to give their evidence via a live TV link.
The procedure for making an incidental application is quite straightforward but, if you do run into difficulties, the sheriff clerk will be able to offer guidance.
You application should include:
•
Details of the parties in the case ( names and addresses)
•
The court case details (the sheriff clerk can supply these)
•
The order you seek
•
The reasons for seeking the order


The incidental application should be taken or sent to the sheriff clerk.

The sheriff clerk will then fix a date for parties to be heard on the application. If the person making the application is a private individual or sole trader, and not represented by a solicitor, the sheriff clerk will send a copy of the application to the other party. Otherwise, the party making the application will have to arrange for this to be done.
At least two days’ notice of the date fixed for the hearing of the application must be given to the other party. If the party receiving the application then tells the court they are not opposing it, the application will not have to call in court. The sheriff will decide the matter on the day set down for the hearing, and no attendance by the parties will be required.
If the party receiving the application intends to oppose it, (or fails to tell the court that they do not intend to oppose it) the case will call in court. The sheriff will hear those parties who attend on the application and decide the matter. Therefore it is essential that the party making the application appears or is represented at court on the date fixed to hear it. If the party against whom the application is made does not appear, the court may grant the application in their absence.

[Davy-m]

Re: Oli - v - Lloyds

Thanks for that Amythist. Sorry I took so long to post but I was away for a week and then had bother with my connection.

I have other posts on Lloyds about how they lodged an incidental application to sist my case and they were refused this by the Sheriff. When they did this they effectively delayed our case by 3 and a half months. Goes ahead now on Oct 31st. Was originally 11th July.

On the up side, Because the case was delayed it actually helped a bit as I found more statements with other charges on them. Hence the question about raising the amount. It's around £300 more than the original amount.


What I am a bit concerned about is, that if I lodge an incidental application, will it delay the claim further. Do you think it's worth it? Should I leave the amount and then, if I win, enter another claim for the £300?

Hope you can make sense of this.

Kind regards,

Davy-m