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.
Hi, This is my first post, and I'm not even sure if posting in the right place, so forgive me if I'm incorrect here.
I have got as far as lodging court proceedings against Lloyds TSB on the 3rd april, and on the 12th they acknowledged my claim. I believe they now have 28 days from that day to file their defence, taking it to the 11th May (including weekends?).
I just read about sending copies of costs to MCOL, which I will now do, but would be very grateful for any advice from here - I am getting nervous now! My claim is for over £8000 including court costs, so not small claims court stuff either I think!
I have no idea what I need to fill in or wait for now, I understand they are missing out Allocation questionnaires and suchlike, and I'm trying to read as much as I can, but time is difficult for me, so any help would be very much appreciated.
Hi, This is my first post, and I'm not even sure if posting in the right place, so forgive me if I'm incorrect here.
I have got as far as lodging court proceedings against Lloyds TSB on the 3rd april, and on the 12th they acknowledged my claim. I believe they now have 28 days from that day to file their defence, taking it to the 11th May (including weekends?).
I just read about sending copies of costs to MCOL, which I will now do, but would be very grateful for any advice from here - I am getting nervous now! My claim is for over £8000 including court costs, so not small claims court stuff either I think!
I have no idea what I need to fill in or wait for now, I understand they are missing out Allocation questionnaires and suchlike, and I'm trying to read as much as I can, but time is difficult for me, so any help would be very much appreciated.
Thanks,
FZRkitten
Hi yes you have posted in the right place.
regarding the timeline:
Once the claim is issued it takes 5 days to be deemed served, they then have 14 days to acknowledge the claim, should they acknowledge the claim they get a further 14 days to enter a defence total 33 days.
should they not acknowledge the claim you can ask for judgement also should they not defend the claim you can ask for judgement. http://www.consumeractiongroup.co.uk...tml#post614610
I posted earlier today, and (livelylad) - you told me I was in the correct place, but now I've lost the post! Not sure where I was when I started, and where my answers will be - can you tell I'm going to be trouble?!
A quick intro then, I originally followed the info on moneysavingexpert website, and then followed their link across to this site, as they recommend coming here. I have got as far as issuing my court claim through MCOL, which was deemed served on 3rd April, and acknowledged on the 12th (is this quick?) I got the acknowledgement of service today in the post when I got home. I have been reading posts on the site for a few weeks, but am new to forums in general, so tell me if I'm going wrong anywhere!
Lloyds have caused me so much upset - even telling me 'You shouldn't have incurred the charges in the first place', when I asked for help, and 'can't you get a second job', and also that I needed to make an appointment to see their financial advisor (this was when they were taking £370 a month in charges out of my account - who needs an advisor to tell them that!)
As my claim with Lloyds is over the small claims court limit (£5000?), I am a tad nervous now! Would be grateful for advice along the way, and if I can help anyone in the first stages I'd be glad to. I must say Lloyds have responded to me each time quite quickly, which is slightly unnerving! However, I will soooooo not cave in, just for the comments they have made!!!!
Hi Barty and thanks. I have a couple of queries, do Lloyds now have 14 days from when they acknowledged (12th April), to enter defence, or do they still have 28 days? livelylad explained but I'm a bit slow on the uptake I'm afraid!
And, when I get to the next bit, should I write to the court including the hardship lloyds have caused me (as in previous post), (and things they said, like laughing when I asked for an overdraft!), etc. Or does this hamper things more than help?
How soon after this part of the process have people been paid (question to all I guess), is it months still? And should I write to anyone else or copy anyone in to make it easier?
Thanks in advance for any help, it's nice to have people to talk to that are going through/have been through the same thing.
Hi Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence.
When they have entered a defence, you should receive a copy of it. You then may receive an Allocation Questionnaire, if you do come back on and we can help you with that.
Then you should receive a Court date, the letter should tell you when you need to submit your evidence etc, again come back on and tell us when this happens.
You could get a settlement anytime from now up until a day before your Court date, no set patterns to when they settle.
Barty
Thanks v much, will probably definitely need help, and a bit worried that my claim comes to over £8000 with court costs etc, for how they will proceed!
Hi Pinkdutchess, thanks for that, just noticed you had replied on this thread. I am now in the Lloyds forum and worked the site out I think, bit ashamed as I'm an IT technician and haven't used forums before!!!
BW,
Fzrkitten.
Hi all, quick update. checked on mcol today and defence entered, although for some reason the date says entered on 29th March, which would be difficult as I didn't serve them til 3rd april, and they didn't acknowledge til 12th! Guess I await paperwork now?
Hi all, would really appreciate some help and advice now. I introduced myself a week or so ago, and had already gone down the MCOL claims route. I have since sent them 2 copies of my claim for costs.
I have now had notice of transfer of proceedings in the post today, to local court. Says allocation questionnaire be dispensed with in this case unless the District judge at the court of transfer orders otherwise. Do I now wait for more letters from local court?
Lloyds defence is written in as well, and am a bit confused as it only seems to get to point 7, which says 7. In the premises:
...and that's it.
- no more points, nothing on the back of any pages - should there be more or did they just forget?!!!! And they seem to have a faulty typewriter as every item with an ' in it comes up as a ? - for instance -
If you want to use a service that we haven?t listed, we?ll tell you the cost of the service before you give us the go-ahead?.
Class. Hope I do better than that!
I do however need a lot of help from here on in, as I am not good with big words. I am also worried about the fact that my claim is for over £8000, and I didn't split it, so wonder whether it will go fast track? Also, do I need to do something immediately to stop lloyds getting a stay, or do I just wait for more paperwork?
And is there 14 days before I get a court date now? Should I chase Lloyds or send any letters trying anything? And do I need to send anything else to MCOL or the local court to back up my claim?
I have been reading posts, but the more I do, the more my head spins, as I take far too much in at one time, and don't necessarily understand it anyway!
Sorry for the long post, hope it's in the right place, and thanks in advance for any advice.
Best wishes,
Fzrkitten.
edit.. I understand you are upset, but please choose your words carefully, thanks ;-)
Sorry - re-edited, didn't realise word offending, seen lots of posts with same. Wouldn't ever have upset anyone - soz!
Hi
Looks like they have not sent you the second page of the defence, there are 9 points in the standard defence. Does it say anything about "embarrasing claim" in any of their points?
This is about dispensing of the aq: http://www.consumeractiongroup.co.uk...t=dispensed+AQ
Everything is going fine at the moment, you have nothing to worry about.
Good luck!
Barty
I will check defence again tonight for what it does say. I'm a bit stuck on if I need to send things off now, or wait for local court to send me anything as it's being transferred? Also, I haven't sent SC&M anything since sending Lloyds the original schedule of my charges etc. Do I need to send anything to them? (I sent MCOL 2 copies of the schedule about 2 weeks ago).
Court Date - Have queries! Help Please?
TSB on the 3rd april, and on the 12th they acknowledged my claim. I believe they now have 28 days from that day to file their defence, taking it to the 11th May (including weekends?).
Reply With Quote
Re: Newbie to the forum - Help please
Originally Posted by fzrkitten
Fzrkitten v Lloyds TSB
