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Hughesy

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  1. Thanx Barty. Will send the first letter off tomorrow and hope I get some kind of response. What is likely to happen if they don't respond at all to either letter. Will that go in my favour if I have followed the Judge's directions to the letter?
  2. Hey everyone. My directions from the judge state that "...parties shall give to each other standard disclosure of documents by serving copies together with a disclosure statement by 4pm on Monday 9th July 2007." I sent off my documents to Sechiari Clark & Mitchell by special delivery on Friday which meant they should have received them Saturday or Monday at the latest. I haven't received anything from Lloyds at all. What do I do? Do I ring the court and tell them or just wait til the court date. The same directions say that I won't get a hearing until Jan 2008! If Lloyds aren't following the directions, surely there must be something I can do? Any help would be great!
  3. Thanx guys, Have sent off the documents to Foot Anstey by recorded today so they'll definately get it by Monday. Do I have to send a copy to the court or not? What do I do if Lloyds don't send me anything by Monday?
  4. Right guys, I need help! Had my Notice of Allocation to the Fast Track through today. The judge has ordered that both "...parties should give standard disclosure of documents by serving copies together with a disclosure statement by 4pm on Monday 9th July 2007". What documents do they mean? I have already sent a copy of the schedule of charges to the bank, their solicitors and the court. I'm flying to Dublin for the weekend on Friday so I need to get it sorted out tomorrow so that I can post it off recorded delivery. Any help would be great!
  5. My friend received his money from Lloyds on Tuesday - yeah!!!!!!! I've looked through the A-Z but I can't find any advice on how to contact the courts to inform them of the out-of-court settlement, assuming there is a procedure for such? I've emailed MCOL and Croydon Court telling them and asking them to cancel the court date - is that enough or do I need to send it in paper form too? Any help would be great, thanx in advance xx
  6. Middlewingnut, I would guess that they are completely backlogged with all the claims they are dealing with but stay on their case. I found it quite easy to get through to people at FA and the woman I dealt with was actually very pleasant and approachable. Give them another day or two and then try again. If they don't answer just keep ringing and leaving messages - they can't ignore you forever! Good Luck x
  7. My friend received a letter today from Foot Anstey saying that Lloyds have accepted HIS letter of acceptance of settlement but rejecting the confidentiality clause. He is due to be refunded in the next 7 days! One victory!!!! However, I have received my Notice of Transfer of Proceedings from the court today with a copy of the bank's defence and counterclaim. My friend did not receive this. He got a letter from FA stating the bank's defence. The main thread of their defence is the usual - service charges vs penalty charges etc etc and they go on about the fact the if I didn't go overdrawn or bounce DDs or SOs then I wouldn't incur charges. Basically telling the judge that I'm not entitled to this money back as it's my fault I got charged in the first place! Any advice on what's going to happen now? I'm a bit concerned as haven't had to deal with this in my friend's claim! Do you think this means I'll have to go all the way to court? Any help/reassurance would be greatly appreciated....
  8. My friend signed and sent off his letter of acceptance last week. I rang Foot Anstey on Friday asking when the refund would be coming through. She told me that because he was not agreeing to the confidentiality clause, the bank were "still deciding" whether to actually pay out or not. She said that as soon as she knew she would ring me. Should I ring her first? What I mean is, do I keep the pressure on? My friend has a court date set for September and the whole idea of the settlement was because they didn't want to go to court. Am a bit worried now that they are going to retract their offer and make us take it all the way to court! Any advice?
  9. Thanx Barty x Do you think I should put something in the court bundle about how these charges have affected my family financially? Should I include it in the witness statement or just do a separate statement? I think it's important that the judge sees how these charges have severely affected our financial situation as we are only a one-income family anyway. Will the judge think it's a bit too much?
  10. Sorry, that's even confusing to me. The out-of-court settlement is on my friends claim that I have been doing for him. The entered defence is on my claim!
  11. Am trying to sort out my court bundle as I've found out today that Lloyds have entered a defence! When I tried to open the Early Day Motion from the House of Parliament and the OFT Statement Summary I was unable to. Can anyone provide me these links as I'd like to get sorted asap just in case they plan to take it all the way! Thanx muchly x
  12. Thanx everyone. Just done a letter telling them that my friend will accept their settlement but not their conditions. Hopefully, they won't have a choice in the matter and will pay him! I find it amusing that although, as they claim, we have no legal foundation in our claim, they are willing to pay us back if we keep quiet. An admission of guilt if ever I saw one. If we're wrong, why pay us! Anyway, my claim is coming along too. They have until 10th June to either pay or defend. Hopefully, they'll settle out of court with me too cos my claim is only £1K more than my friends! Am looking forward to a nice weekend away with my husband courtesy of Lloyds (although it was originally our money anyway!). Thinking of it as Lloyds paying for it makes me smile more than calling it my own money!!!!!!!!!!
  13. Friend's claim: Received a letter today from Lloyds solicitors - Foot Anstey - which reads as follows: "We act for Lloyds TSB Bank Plc (the Bank). This letter is marked without Prejudice and is Confidential and Privileged which means it will not be produced in court and is confidential between you, us and the Bank. The Bank does not accept that there is any legal merit in your argument. The charges claimed by you have been imposed in accordance with the terms that you agreed with the Bank. Although your claim has no legal foundation, regrettably the Bank has to take into account the costs of litigating over relatively small sums. The Bank is therefore willing to settle your claim on the following basis: 1. The amount of £4641.87 will be credited to the business account numbered xxxxxxxxxxxxxxxx. 2. Payment will be in full and final settlement of this claim. 3. These terms and any correspondence entered into in reaching settlement, of which this letter is one, will remain confidential between you, us and the Bank. We ask you to sign a copy of this letter as confirmation that you are bound by it's terms, including the requirement of confidentiality, and to return that copy to us. When we have that signed copy, our client will arrange for a refund to be made and you will write to the court confirming that the claim has been settled." My friend is happy to settle out of court as they are offering the full amount that he's owed, including the interest. Do I need to send a covering letter with the signed copy stating a timescale for repayment or are we ok to leave it in their hands? We are awaiting a court date at present. Just want to know if we are likely to get the refund and whether, by signing this letter, we are agreeing that they are blameless and therefore have no comeback should they not pay? Help asap would be greatly appreciated! Thanks everyone xx
  14. Have spoken to MCOL and they confirmed that my Judgement was rejected because Lloyds entered a defence on the same day. Because they are now so busy with bank charge claims, they now automatically shut the claims down on the system and transfer them out to a local court. Mine has been transferred to Croydon and I have all the paperwork apart from the Allocation Questionnaire. Have been trying to ring them all morning to ask whether we need to do one but can't get through as yet. Bit frustrating cos I don't know what sort of deadline they are likely to give so would rather get it out of the way now! Am just concentrating on getting the court bundle all sorted at the mo!
  15. It definately says rejected on 16th but is also says defence 11th so I'm assuming that I am unable to do anything more online cos it's all being shipped off to the local court! I will ring the court first thing Monday am just to double check! Thanks John!
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