Hi all Im running out of time as i need to apply for the stay to be lifted by saturday as i have only 7 days. If anyone can help me please let me know. thanks Sue

Business account claim V -Lloyds Hi after sending a reply to the court with why i objected to a stay (the court wrote to me asking if i would object to a stay, two weeks ago) using all the info off this site, stay removal template letters etc.quoting that the oft case was not relevant to my business account claim etc etc, it has not made any difference. Im totally gutted On Saturday I received this letter Upon the courts own motion. The court has made this order of its own initiative without hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it. IT IS ORDERED THAT 1. Claim be stayed until one month after the outcome of the test case to be heard in the Commercial Court (including appeal) is known or 31 October 2008 whichever is sooner. 2. either party may make application for further directions before the expiry of the stay 3. If no application is made within the timescales provided by paragraph 1 the claim shall be, and is herby, struck out. Not sure what to do now ?

Business account claim V -Lloyds Hi after sending a reply to the court with why i objected to a stay (the court wrote to me asking if i would object to a stay, two weeks ago) using all the info off this site, stay removal template letters etc. it has not made any difference. Im totally gutted Today i have received this letter upon the courts own motion. The court has made this order of its own initiative without hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it. IT IS ORDERED THAT 1. Claim be stayed until one month after the outcome of the test case to be heard in the Commercial Court (including appeal) is known or 31 October 2008 whichever is sooner. 2. either party may make application for further directions before the expiry of the stay 3. If no application is made within the timescales provided by paragraph 1 the claim shall be, and is herby, struck out. Can anyone give me some advice? As I have already used the arguements why a stay should not be applied also stating that my case doesnt rely on utccr plus all the other brill stuff on here and it has made no difference at all. I really thought my case for not applying a stay was excellent but obviously not. Is there any point in trying to have it lifted.? I dont know ? because the judge has already listened to my arguments, but still ordered a stay!!!

Hi Guido many thanks

OK thank you very much i will have a look at that cheers sue

Hi Thanks Michael

Hi everyone Im claiming against Lloyds have my own thread but thought i would mention that today after waiting since the 31st of May 2007 for a court date or something from the court, Today Ive finally received a letter from the court it reads:- xxxxxxx -v- Lloyds TSB Bank plc District Judge xxxxxxx has requested I enquire whether you have any objection to the above mentioned action being stayed pending the outcome of the Office of Fair Trading test case. Anyone seen a letter like this before? Ive seen a letter to the court on this thread, wonder if this will be ok for me to send. Also Lloyds defended my case as if I was a personal account. I wonder if I should point this out to the judge? thanks sue

Hi After submitting a new P.O.C. as ordered by the court by 31st May 2007, Lloyds had the opportunity to submit a new defence. They did not. I have heard nothing so made a few phone calls to the court to try and find out what stage im at?. The clerk who I spoke to said that the judge has my case for clarification? she didnt know what that meant. But she said as far as she was aware all Bank charge cases were being stayed. I was getting rather concerned as to what is happening as its been 81 days with not a word. Anyway today a letter has turned up, it reads:- ___________ 16th August 2007 RE: xxxxxxxxxxxx v Lloyds TSB Bank plc CASE no xxxxxxx District Judge xxxx has requested I enquire whether you have any objections to the above mentioned action being stayed pending the outcome of the Office of Fair Trading test case. Please respond within 7 days Yours Faithfully XXXXX Claims section ________________ Can someone tell me if this is a standard letter as I havent seen one on the site. Also My claim is for a BUSINESS ACCOUNT and therefore as a Business account claimant my claim does not include any reference to nor make any reliance upon the UTCCR as in the test case. ????

Hi passivenomore Thanks I have taken a look at your new poc it looks great. Ive already sent mine to the court but im sure it will be helpful for skeggsy. Well done and thank you im sure it will come in very handy for everyone.

Hi BrokeDave So glad i found this thread, I too have been concerned if my business account claim against Lloyds would be stayed. ? going to ring the court on Monday and sending a letter to SC&M to enquire whats happening with my claim as they sent me a letter on the 30th June saying that they were "minded to enter into settlement negotiation with you " never heard a thing. I am still waiting for a court date after complying with court orders to supply a new POC by the 13th July. Will let you know how I get on. Sue

Rob look at the business claim guide line that i and nicsusex have gave you the bit 3/4 way down starts N1 the particulars of claim is there for a business and it states the correct act there:)

Exactly!! anyway you are in the right place Theres loads of people on here who know exactly what to do. Most have full time jobs so you will get the help you need when they finish work and log on. They have really helped me. Sorry i cant be of further help to you. good luck!

Hiya and welcome, I too am claiming for a business account and made the same mistake quoting the consumer credit act. However Lloyds defence did not point this out strangely enough?. You can see the full defence on my thread to see if it is similar. Anyway I was advised to leave it and wait for a court date. Instead i received an order from the court to send in a new POC (Particulars of claim) and detailed schedule. I have just done this last week. Not sure if you should ammend im sure the guys on here will point you in the right direction. Their advice is brilliant. In the meantime this section may be of help to you Business Claims - basic guide

well done!! CONGRATULATIONS!! :)

excellent news, well done ! CONGRATULATIONS!! :)

Hi Ian Thanks for advice. Last week court ordered me to send off more info to bank and re serve so i sent a new poc and updated schedule on 26th. Saturday got 1st letter of SC&M dated 27th asking for more info in order to enter into a settlement. ?? Letter is on my thread. Ive just sent today a letter back to SC&M answering their questions and copy of my new POC and schedule. They have till the 13th July to put in new defence. Im just hoping that as Lloyds have instructed SC&M to get more info as they may they may settle soon??? If not i wait for them to put in new defence and i may get a court date? not as far on as you Ian but it will be interesting to see what the judge does.

Hi Ian Im also taking lloyds to court in Hartlepool, i will keep watching your thread, nice to know theres someone else in town on here. Good luck Sue

hi number for SC& M is 01273 205381 Congratulations !! redshoes65

Thanks Guido T That makes it easy then. cheers

Sent off new poc to lloyds and court monday today 30th June received letter from SC&M it reads- REQUEST FOR FURTHER INFORMATION As you are aware, we are instructed by our Client Lloyds TSB Bank plc. We have been instructed to write to you as our client is, entirely on a without prejudice basis and with no admission whatsoever to liability, minded to enter into settlement negotiation with you but before doing so, we are told that there appears to be a discepancey in what you are seeking by way of a refund of bank charges. We note from your pleading that you are claiming (alleging) that vaious deductions were made from your account over the past few years, but you do not specifically say when and how. In light of this, can you please provide us with the following information by return:- 1. Each and every individual amount of the charge that you are claiming and are disputing. 2. The date of each and every charge you say was deducted from your account 3. How you calculate any interest 4. How you calculate the sum of £7508.04 and 5. Confirm your sort code and bank account number We would be grateful if you would respond within 14 days of the above date so that we may then take our clients further instruction. In any event, kindly acknowledge safe receipt of this letter your faitihfully SC&M Well this sounds like it could be good news. ? This letter was dated tuesday 26th so they wont of received my new poc and detailed schedule sent monday to the bank. I will send a letter monday answering their points with a copy of my schedule and poc. The only thing im not sure of is how i calculated the interest. I used the cag spreadsheet so how do i explain this please anyone? I notice that someone else has had this same letter hopefully this may be good news for us all?

Well done! Im so pleased for you CONGRATULATIONS !! :) :) :)

Ive just realised that this next bit covers the interest! So i guess i just need the amount at a) to be the amount before interest only and nothing else! ? c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. Im getting a bit stressed out and making daft mistakes. Do i not mention the 8% or is this a std rate to always claim? very Sorry to be a pain again

THANK YOU So if i put 5. ACCORDINGLY THE CLAIMANT CLAIMS: a) The return of the amounts debited in respect of charges in the sum of £7242.50 plus 8% interest £1088.68 totalling £8311.18 b) Court costs Does that look OK please also b) do I need to put the amount £250 as paid to moneyclaim or just leave it as court costs with no amount in it.? Ive just printed this on plain paper as you said there was no need for the actual form N1. When i fill in the certificate of service do i need to copy this and send it to the bank with the new POC? or just the court I am sorry to be a pain it all looks so straight forward till you start filling it in. Thanks again Sue:)

Hi im completing the n1 to reserve my POC to the court and Lloyds , im a little confused whether or not to include the interest here ? 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £********?? and any interest charged thereon; my updated total charges are £7242.50 interest is £1088.68 (this information is on my updated schedule of charges. do i include the total with interest to date which is £8331.18 or does it mean i should claim £7242.50 total charges only and leave the interest off the POC Sorry but i just want to get this right thank you for any help you can give me:-)

oh dear that doesnt look right i will re type it done know whats happened there?? :| :| :|