court case

[max0803]

hi i was told to hold my court action against lloyds tsb because of court case, the ombudsman told me to write a letter to the bank and tell them to keep my complaint on file, could anyone tell me if this is right thanks

[pensioner penny]

How far have you got Max ? Did you get statements yet ? Have you sent the 14 day Letter before Action ? Also are you getting any benefits or working tax credits ? Whats your position ?

[max0803]

How far have you got Max ? Did you get statements yet ? Have you sent the 14 day Letter before Action ? Also are you getting any benefits or working tax credits ? Whats your position ?
hi penny i have got statements and sent letters before action. i only get child tax credit nothing else, thanks for your help

[pensioner penny]

Hello my dear, Child tax Credit is a benefit. If the benefit is paid into the bank, we can fight the charges under a different statute that isn't affected by the O.F.T. case. You need to send another 14 day letter, this one. http://www.penaltychargesforum.co.uk/showthread.php?t=40388 , and you should edit it to suit your circumstances.
You can expect a fob off letter in reply. don't let it worry you. If they don't pay up by day 14, file in court using the Particulars of Claim in the Benefits forum. Let us know if you're worried about anything, and if you're not sure ask before you act. All the best darling. p.s. Child Benefit is also applicable.

[max0803]

Hello my dear, Child tax Credit is a benefit. If the benefit is paid into the bank, we can fight the charges under a different statute that isn't affected by the O.F.T. case. You need to send another 14 day letter, this one. http://www.penaltychargesforum.co.uk/showthread.php?t=40388 , and you should edit it to suit your circumstances.
You can expect a fob off letter in reply. don't let it worry you. If they don't pay up by day 14, file in court using the Particulars of Claim in the Benefits forum. Let us know if you're worried about anything, and if you're not sure ask before you act. All the best darling. p.s. Child Benefit is also applicable.
my child tax credit goes into the bank but my child benefit does not,but claim is in my husbands name

[pensioner penny]

Do you have a joint account Max ? or is in your husbands name ?

[max0803]

Do you have a joint account Max ? or is in your husbands name ?
hi penny the account was in my husbands name it was his business account dont think there is anything we can do at the moment

[pensioner penny]

Thats good news then !! Business accounts are not affected by the O.F.T. case because they are not covered by the U.T.C.C.R.'s. You can continue to file in court as normal. You will need the business Particulars of Claim here http://www.penaltychargesforum.co.uk/showthread.php?t=17585

and go here http://www.penaltychargesforum.co.uk/showthread.php?t=29665 for step by step instruction on filing your claim. Don't let the bank worry you when they send letters designed to put you off. Which they will. You just go ahead and file, confident in the thought that right is on your side. Speak soon. X.

[mature pensioner]

Your report that Business accounts are not affected by the OFT case is great news for me but unfortunately the link you have put on your report everytime I try to get on it I only get an error message. If Natwest try to put a stay on my case can I appeal on the grounds that business cases are not affected or should the courts know this?

[pensioner penny]

Hi Trevor, Did you send the business L.B.A. ? If not the bank will tell you that the complaint has been waived until a resolution of O.F.T. case. Not to worry just send them a business L.B.A. If you have already filed in court you will have to amend your Particulars of Claim if you didn't use the business P.O.C. The bank may still try to get a stay on the case but you will be able to request that the stay be set aside and the case heard. Try not to worry, it's the banks that are squirming because they know that we know how to beat them ! There is always someone here to help Trev. Sorry about link. Try again ! p.s. You should really start your own thread. Title it 'Trevor v your bank'

http://www.penaltychargesforum.co.uk/showthread.php?t=17585

[max0803]

Thats good news then !! Business accounts are not affected by the O.F.T. case because they are not covered by the U.T.C.C.R.'s. You can continue to file in court as normal. You will need the business Particulars of Claim here http://www.penaltychargesforum.co.uk/showthread.php?t=17585

and go here http://www.penaltychargesforum.co.uk/showthread.php?t=29665 for step by step instruction on filing your claim. Don't let the bank worry you when they send letters designed to put you off. Which they will. You just go ahead and file, confident in the thought that right is on your side. Speak soon. X.
thank for all your help penny as the bank has had 2 chances to pay up but wont should i now take it straight to the small claims court? maxine

[pensioner penny]

Hi Maxine. Pleased to hear from you. Yes. File in court. Better to do it in person rather than on-line. You need an N1 form from the court. Just pop into your local County court office. The staff are usually very nice and helpful. They may tell you that all penalty charges claims are being stayed, but get your N1 form anyway, because business claims are not a' relevant charges complaint' in relation to the O.F.T. case and should be allowed to proceed. Keep us posted my dear, someone will always be here to help you. X.
p.s. I don't think benefits is the line you can go down on this one as the account is in your husbands name, and now we know that it's a business account there's no problem in proceeding.