Help with claim that is stayed...

[FunkyJMan]

Hi All,

I am helping my parents to claim there charges back from Lloyds TSB and unfortunately there claim was stayed by the judge pending test cases, so I wrote in using the template on here and the correct forms to apply for the stay to be removed and we have had a court date through for the 6th Feb which isn't long away now. I was hoping Lloyds would pay up prior to this as I had to do the same with NatWest myself and once they had a court date through they paid up even though it was only to go to court to remove the stay.

So my question is... What do I need to know before going to court on the 6th Feb regarding removal of the stay? I am really nervous about this as it's one thing sending templates with parts changed etc but a completely different thing when you have to go to court and do it for real in person.

If anybody has any advice or information they could give me that would be great because as I said this claim is for my parents so it would be my Mother who actually went into court and she's very worried about it now.

Thanks a lot
Jamie

[FunkyJMan]

Anyone?

[GaryH]

Here you go, I think rather than post everything here, I may as well just link this thread - keren29 v Abbey ** WON **

You'll find a 'script' a couple of posts down which I used for my hearing. Its highly unlikely Lloyds will turn up, but will probably write a letter of apology instead, which will say that they have no objection to the stay being lifted - thats what happened in mine anyway.

I should think that its likely that the stay will be lifted, so if that is the case then you'll have a great opportunity to propose some directions to the court. Take along a copy of this draft order - http://www.consumeractiongroup.co.uk...tml#post482191, and take note of the reasons you think the directions are appropriate. These reasons are outlined in the 'section G' passage in post #3.

Hopefully this should sort you out with all you need. If you still have anything your not sure of, just ask.

[FunkyJMan]

Thanks Gary,

Fingers crossed for Tuesday now.

Cheers
Jamie

[GaryH]

No problem, if there's anything else just let me know.

[FunkyJMan]

Hey,

Just to let everyone know that this claim has now been settled, Lloyds paid in the full amount claimed (£4520.68 with interest) to my parents bank account on the 1st Feb but didn't tell us luckily the statements arrived today which is how we noticed it

Thanks to everybody for there help it's really appreciated.

Jamie

[darling1]

Well done Jamie - your parents must be so relieved, but why oh why do LLyods put us all through this - they will not win and they know that.. BUt anyway CONGRATULATIONS!

[BARTY]

Congratulations to you and your parents!!
Well Done.
Barty

[hall33]

Hi Jamie,

I just wondered how you started with your lift on the stay? I am about to start the process with A&L but have no idea what to do first!