Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
After being inspired and encouraged by the other cases on this site I decided to claim some money back from Lloyds TSB (£737.09).
I filed my claim on line with moneyclaim on 31st July (after following this websites step by step instructions re: First approach and lba etc) and it was deemed served on 6th August so I have just applied for judgement ( at about 8.30 this morning) as Lloyds failed to respond to my claim.
I am keeping my fingers crossed as i believe Lloyds still have until 4pm today to an issue a defence ( correct me if i'm wrong).
Has anybody else had this experience where lloyds failed to respond I have had a look at most of the threads but couldn't find anything to suggest so.
Also, do i just sit tight and wait for a payment now or do you think i may need to apply for a warrant of execution
Any help or advice is much appreciated
I started the process at the end of June and I am expecting to fall down now as it can't be this straightforward surely!!! But still, fingers crossed
It's unusual for Lloyds not to have acknowledged your claim. This would have given them an extra 14 days to file a defence (delay and obfuscation being their normal tactics, in the hope you will get fed up and go away!)
Perhaps they're starting to slip up.
Wait and see if your request for judgement is validated by the court, and, if it is, sit back and wait for your money.
If it doesn't turn up within a reasonable time, ask for a warrant to be issued and SEND IN THE bailiffs!!!!!!!!!!!
It has been known for Lloyds to respond a day or even 2 late and the courts still accept it
I would still try and put the default in through moneyclaim though so at least the courts are aware.
Hi Louisemounsey hope the court validates your claim soon. I put my claim in on the same day. But with me they acknowlegde the service. now have to wait 28days for them to put in defence. Lloyds are sliping up... Good for you! Good luck. I look forward to seeiing how you go on.
Lloyds TSB Progess
first letter sent 10th June
Received reply 20th June
Second letter sent 30th June
Revieved final response 7th July
Filled in claim on line 30/07/06
Recieved Acknowledgment of service 4th August
Defence submitted 6th September
Allocation Questionnaire due back 20th Sept
Sent my Allocation Questionnaire back 10th Sept
Got there copy of Allication Questionaire 23rd Sept
Court date set for 25th Jan '07
Paragon Finance Progress
Sent first letter 24th August 2006
No reply so second letter sent 10th Sept 2006
Received letter back saying they are going to investigate my claim
Offer made by Paragon for full ammount plus interst! Rusult!!!
Cheque recieved *Won*
Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!
Unfortunately, in all likelihood, the moment they find out that you obtained a judgment in default, they will apply to get the judgment set-aside, and will get it, which will mean more delays before you get your money.
Alternatively, they may pay up on condition that they apply for a set-aside and that you don't object to it. Time will tell.
Whatever you do, do not contact them to alert them to the fact they f****d up!
Apologies to people who I was in the process of helping, I may be gone some time.
recieved the aq today for my second claim (6QZ48493) against Lloyds (they didn't acknowledge the my other claim for a different account so i have just requested judgement on that one).
Its an N149 and I have been looking at the very useful guidance in the templates section and also mjanets and reloads cases. i have decided just to go with guidance and i am going to enter the following in section G;
I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.
However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.
Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.
I believe the cases will last no longer than one hour.
I have decided not to attach any documents at this stage.
I just have a few questions if that's ok!
I am assuming that other documents should i need them will be copies of all correspondance and a schedule of charges. Am I correct
When will i need a copy of the mcnamara tape and transcript and how do i get them
Do i need to get a copy of the original signed contract with the bank the account was opened the best part of 15 years so i no longer have that. i do however have terms and conditions from 2004 which is when the account was changed from a solo to a joint account
sorry for all the questions as they have probably been answered a 1000 times already, i have had a good look through the other threads but i just want to be 100% sure of what i'm doing.
i'm gonna get my copy sent to court and the solicitors on monday.
sorry to be a pest but there is just one more thing....
...I have another claim against Lloyds for my solo account which they did not acknowledge and i have just applied for a warrant. should i mention that on my aq?
no - keep the claims completely separate - it's the bank's problem they can't reconcile their own records. You should only bring the matter up if you end up going to Court for a hearing but this is unlikely.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
I posted my AQs on tuesday, one to my local county court and a copy to SCM, I sent them both signed delivery and i'll check this evening to see if they have been signed for.
Just asked for judgement
TSB (£737.09).
I have had a look at most of the threads but couldn't find anything to suggest so.
Reply With Quote
Just asked for judgement
AQ Recieved today. I have a few questions
