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I've been doing this for 6 months now and about 7 weeks ago got my court date for 22nd Aug in Plymouth, thought everything was going as it should be, but now read that the OFT and fos ruling info on here and from what I gather they are saying no more cases will be decided on and i'm now i'm really confused - does this mean when I get to court the judge may just suspend the decision until the test case is complete and I may have to wait even longer??
I've also seen suggestions about ringing the solicitors for Lloyds TSB and asking if they intend to make me an offer - is this what I should be doing? Is this normal or should I just wait until I get to court?
Also I didn't get any T & C's info with my info when it came through even though I requested it all via the normal disclosure of information route on this site, and am now worried i'm not prepared and could lose it all when I get to court. I'm claiming over £3000 and really can't afford to mess this up at the last hurdle!!!! Does anyone have a list of everything I need to take with me, prepare for, etc etc, and have I left it too late??
Barty - Thanks for the below - i'm sooooo worried this is going to just be stayed and we're going to get nothing after all this time!!:cry:
I've added court date on page as advised.
In answer to your question - have you sent in your court bundle? No I havn't. The whole thing has got confusing. I went to court and gave in my N1 with copies of schedule of charges, I had an acknowledgement. Then had letter advising docs sent to TSB and they had 28 days to file defence. Then within about 20 days had Notice of Allocation to the small claims track (hearing letter), and said:
The district Judge has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.
The hearing of the claim will take place at 10:10 on the 22 August at Plymouth county court, The Law Courts, Armada Way, Plymouth, and should take no more than 15 mins.
The Court must be informed immediately if the case is settled by agreement before the hearing date.
Date 19 June 2007.
What confused me is the fact we didn't submit any allocation questionnaires and they havn't requested anything in addition to what we've supplied (N1 & Copy of charges) - this isn't normal is it??
Hi
A lot of Courts now have dispensed with the aq, so nothing to worry about there. Maybe give the Court a ring, ask them about whether or not you need to submit your documents (Court Bundle), you may have to take them with you on the day.
Barty
We are in same date as you but in Blackburn - we filed at the beginning of March and I will be so peed off if it is stayed!
Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.
** Nationwide - £1821.15-PAID IN FULL - Aug 06 ** ** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 ** Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....
Rang the courts and they said I should have sent in my court bundle and to do so asap. They said my letter from the court should have explained that - but it didn't. She then went on to say " oh just to let you know " most of these cases are being stayed by the judges in the Plymouth court anyway and I should receive a letter in the post before the 22nd August to tell me not to bother attending court and not to waste my time taking the day off work as its being put on hold!! She did say as I hadn't received my letter yet to get the paperwork I need and send it ion so it can be filed and send a copy to Lloyds TSB's solicitors so they have a copy incase anything changes.
I am very interested in how you get on on 22nd Augustin Plymouth, because I have my directions hearing in Plymouth on 3rd September - presumably if your case is "stayed", mine will be as well. CAn you let us know here how you get on?
Unfortunately we're not going to court on Wednesday!! The slippery slime balls from Lloyds TSB & SC&M have got their own way - laughing all the way back to the bank!!
We had a letter from SC&M yesterday advising they were applying for a STAY, and in the same post a letter from Plymouth county court advising the Overseeing Judge for Devon & Cornwall has instructed all judges to STAY all cases of this nature until Jan/Feb 2008, and instructed SC&M once the test case is over, they have 3 months (if it is ruled they have to payout or compensate in someway) to settle it with us within 3 months.
From reading things on here it looks like the outcome very much depends on your geographical area as some people's cases are getting to court and if SC&M dont turn up, they are winning their case!!
Unfortunately we only rec'd our letters 3 working days before our court date, so as no cases are being heard in Devon and Cornwall expect your letters a few days before your hearing.
We're devastated - it looks very much like we were 2 weeks too late to get this resolved for us. I get the impression that once the test case is over we wont be getting a penny!!!
Thanks for getting back to me - even if it isn't very good news! I will await delivery of my letter...the one good thing is that the judge has ordered that the settle up within 3 months of the decision, which does not give them time to appeal before coughiong up! Good luck with waiting.
Interestingly enough, my case on monday has NOT been stayed. The letter from TSB's solicitors arrived yesterday (friday) and the Court didn't receive their copy. The court advised me to turn up because as far as they were concerned it was still on. They told me it was up to individual judges whether to stay it or not and I would have to turn up to find out!!! So I will have my day in court, even if it is just for a Directions Hearing.
recieved letter from liverpool county court yesterday saying my case has been struck out with out a hearing how can they do this have not been asked to send in any everdence did this through mcol
recieved letter from liverpool county court yesterday saying my case has been struck out with out a hearing how can they do this have not been asked to send in any everdence did this through mcol
Ghia can you start your owm thread and include the wording of the order, what your POC were and any other correspondence you may have received.
Very worried and very confused
ruling info on here and from what I gather they are saying no more cases will be decided on and i'm now i'm really confused - does this mean when I get to court the judge may just suspend the decision until the test case is complete and I may have to wait even longer??
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Re: Very worried and very confused
Originally Posted by ghia
