my mother v Lloyds TSB **WON**

[fitsw6]

Im doing this on behalf of my mother (she cant use a computer bless).

First letter send 20th April. Reply recieved 22nd April.
Second letter sent 24th April. Reply recieved 26th April.

I'm currently in the process of filling out the small claims form now, but would like a little help.

She has an overdraft of £100 and gets charged £10 per month for using that facility (not including going over £100 overdrawn). In the first two letters I included those charges in the claim, but I think i read somewhere that I cant include them. Can I include the overdraft charge for step three, the small claims court?

Also, is the fee for the small claims court £30? And if so, do I include a cheque with the claim?

Thanks in advance - keep up the great work!

If its use of a service then you cannot claim it back at all.

You can claim a proportion of overdraft interest (the bit that only relates to the charges and not outgoings)

The cost for court varies depending on how much you claim.

Please read the forum thouroughly before claiming as these questions are here honest!

Also you should have waited 14+14 days when sending the letters, but now 28 days has passed its okay...

Good Luck

Lou x

[fitsw6]

New question.

My mother is a full time carer for her partner. Both are on benefits. Would this qualify her for NOT paying the court fees or should I contact the court direct to find out?

Thanks again

[barracad]

Full details of exemptions from Court Fees here:

http://www.hmcourts-service.gov.uk/i...tion/index.htm

[fitsw6]

Well its taken a bit of time but today we received an acknowledgment of service from lloyds TSB and thier solicitors, and they intend to defend all of the claim. They have 28 days now to file a defence. Not sure if i should be worried or not now.... but Im sure its just procedure.

A point to note though, we used the templates from Unfair UK Bank Charges Free help from Govan Law Centre, Glasgow but the court sent the paperwork back and asked that it all be filled out on thier own forms - even though it was word for word!

[fitsw6]

I have received the Allocation Questionaire today.

we have until the 4th September to send it back

oh my it looks like a hard form to fill out

[barracad]

Most of the questions on the AQ are pretty straightforward but there is a guide to completing the AQ in the templates library if you get stuck.

[fitsw6]

Still going on...

Had a letter from the court today that states,

'ex parte on the courts own motion, It is ordered that the claimant do a written file request by 15 nov 2006 in order that the district judge proceeds to give allocation/case management directions failing which the action be struck out.'

What does this mean please?

[Karnevil]

ex parte means the order has only come to you and the defendant has no knowledge of it - the court has come up with it themselves...

so they want you to file a 'written file request' by 15th November or they will strike out your claim.

At a guess I'd say they want something in writing stating what you want from allocation and anything relevant to case management. But I will look into it further.

I would suggest that you call your court tomorrow morning at 10 and ask them exactly what the judge wants from you.

Have a read of CPR part 26 too PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE

What did you put on your allocation questionnaire ? and was it filed in time ?

is that the complete exact wording on the order ?

[fitsw6]

I will call the court tommorrow, thanks.

I filled out the allocation questionaire following the guidelines in this forum and it was returned in time.


Yes, that is the exact wording.

[fitsw6]

It was an error on the part of the court. Lloyds had a stay of 1 month and they failed to respond, so we have won by default.

Now I have to write to the court to tell them what we want for settlement.

I will search this site for help on writting this letter but if someone has a link then i would appreciate the link.

Thanks

[fitsw6]

My mother has just had a letter from the bank. Because of bank charges that have been applied since she started action against them, she is now over her overdraft limit and the bank is asking for it to be cleared.

As she is near the end of taking Lloyds TSB to court (we should hear judgement any day now) what should she do?

Write to the bank and
....tell them that we are in the process of taking them to court and will clear the overdraft upon completion?
....tell them that after the present case is over we shall be applying to to the courts again to get back the charges that have been applied since?

She is only on benefits, as a full time carer for her partner, and will not be able to pay, so any advice will be appreciated.

[fitsw6]

We have received a 'notice of allocation to the small claims track (hearing)'

The hearing will take place on the 22nd February and all documents which we, and LloydsTSB will rely on as evidence must be given to the court no later than 14 days before the hearing.

8 months to get this far!

[fitsw6]

From the court re the hearing:
'Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing'

Do I need to send papers that have already been sent, or do I need to send them all again?

And what papers specifically does this apply to?

[BARTY]

Hi
Have a look at this, it should give you a good idea what you need:
Basic Court Bundle


Good luck, and keep us informed on how you're doing.
Barty

[fitsw6]

Thank you... and will do!

[fitsw6]

I just want to clarify a few things re: Basic Court Bundle

Latest schedule of charges - Am I to include charges plus interest that we have recieved since we started action?

Statements - Do I include all statements or just the statements that have charges on them?

Also, what costs will I be able to claim and do I include this with this bundle?

[fitsw6]

bump