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Lunatic Flea

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Everything posted by Lunatic Flea

  1. I am but don't mind a bit of humour I wonder what time the case will end today.? The later the better?
  2. The letter which i received from the court dated 21/6/07 ordered that i supply a list of all my charges because the allocation questionare was dispensed with. I had to provide this information to the court and the defendant by 4pm on the 23/7/07 which i did. The defendant (Lloyds) had to serve on me and file a t court a counter schedule by 4pm on the 23/7/07 which they failed to do. I have sent a request for judgement form to the court and Judge Smith will look at the case on Monday coming. Apparently my court only deal with bank charges cases on Mondays. In this letter i mentioned above it did say someting along the lines if either party want to request a stay they have to do so within 7 dyas of service. I assume the service date is the date the letter was sent by the judge. If so they are not entitled to ask for a stay but will this test case (stitch up) over rule this or is the judge likely to look at the case individually and rule in my favour due to Lloyds not complying with his orders? If me case was heard in a bigger court i might have had a judgement by now instead of having to wait a week until the judge reappears
  3. I too am in favour of the test case but believe the should not be putting a hold on claims which have allready started. I an 3 days away form judgement after Lloyds failed to serve on me and file at court a counter schedule. Was told by court manager that she was 99% sure the Judge would rule in my favour. This test case may have put this on hold for a very long time:x
  4. Good point. Every claiment is not at the same point. If it is true that Banks are going to honour promises they made to settle out of court i can't see how in my case they can ask for a stay when they have failed to comply with the "Orders" a judge gave and i have requested judgement. I hope it is on individual cases ask i stand a better chance
  5. Well at least the Court is closed over the weekend and i will keep my fingers crossed my matter is dealt with by the judge before the court receives any requests:mad:
  6. Do we think The banks will post a request to courts or could they do it via fax? I only ask as i was due to receive judgement this Monday after Lloyds failed to serve to me and file at court a counter schedule by Monday just gone. Hopefully being the weekend the court would not have received any request from the bank before my District Judge looks at my request
  7. This is a quote from the BBC news website relating to the announcment" However, the banks will still need to make a note of any claims lodged, and will have to honour offers to settle that were made before the test case and FSA waiver were announced" Surely like in my case when Lloyds have filed to file and serve a counter schedule which was ordered by the Judge they cannot ask for a stay as although the judgement is not due to be heard on Monday they have not complied with a Judges orders so should win by default. I know it would be different if you were going through the court process and both claiment and defendant are up to date withthe info they have been ordered to supply.
  8. You never know the Judge might still rule in my favour as Lloyds failed to comply with Orders from court before announcment.
  9. Not as close as me. I could smell the money. A District judge was due to look and my request for judgement request as Lloyds failed on Monday to file at court and serve me with a counter schedule as ordered by the Judge. I was told several days ago before the announcment yesterday that the judge will likely rule in my favour as Lloyds faild to comply. God knows what the Judge is going to decide now on Monday
  10. I can't believe that i am days away from possibly winning and now chances are i am going to have to wait to at least the end of the year. All the way through my case which has been running for around four months i have never received an offer. I will have to kept my fingers crossed and hope the district Judge in my case rules in my favour. Never know he may be miffed that Lloyds did not comply with his orders and throw his weight about
  11. Hi zootscoot I am worried like thousands of other people and wondered what your feelings are and what do you rate my chances are.I am due to receive judgement on Monday after Lloyds failed to serve a counter scedule on me or file at court a counter schedule by the 23/7/07 as ordered by the court. I supplied the District Judge with the information he ordered by 9th July. I have filed a request for judgement to the District judge who i have been told will look at my case when he returns next Monday Hopefully i will win. After tomorrows case will the bank have to ask for stay in each individual case by informeing the relevent court etc and would this have to be done by post. If so do you think Lloyds will not be able to post in time for my case in time. Will any Judge put off any decesion after being made aware of this test case out do they have to wait to receive a request from the bank for a stay?
  12. I am due to receive judgement on monday after Lloyds failed to serve a counter scedule on me or file at court a counter scedule by the 23/7/07 Hopefully i will win on Monday. After tomorrows case will the bank have to ask for stay in each individual case by informeing the relevent court etc and would this have to be done by post. If so i think i Lloyds will not be able to post in time for my case in time.
  13. Hi I have asked for judgement in my case as Lloyds tsb failed to file at court and serve me a counter claim by 4pm on the 23/7/07. The court manager told me that the judge is likely to rule in my favour on Monday when he is back in as i complied but Lloyds have not. I know there is now a lot of uncertainty but do you think i this test case will not effect me as i don't think Lloyds will be entitled to ask for stay due to non complance and i also don't think they have enough time to sort out any paperwork etc before Monday
  14. If you are right and who am i to disagree Lloyds will have to be quick of the mark were my case is concerned. The test case i believe is tomorrow and my case is being put infront of the judge on Monday. Not enough time for them to post a request for a stay. What with being the weekend i think it will work in my favour. I really do hope the judge rules in my favour. I will not only angry but disgusted if Lloyds are granted a stay considering they failed to comply witht he Judges orders. He may be a bit miffed and rule for me anyway.
  15. I have sent it via special delivery and fax which the court manager has confirmed she has received. I am led to believe that because in my case laike some the allocation questionare was dispensed with so they cannot ask for a stay. If they could i thought it had to be requested within 7 days of service which is stated in the letter i received from the judge. What is the date of service??
  16. I think my original post got lost due to so many listings at the same time. I am worried and confused now. The received the "General Form of Judgement or Order" as detailed below and have provided the information as requested by the Judge. I also provided to SCM full details of each charge and how worked out my interest etc as they requested it in a letter several weeks ago. I spoke to the court manager on the 23/7/07 who said Lloyds have failed to file at court a counter scedule and also they have not served anything on me. I even checked again on Tuesday with the court manager who said they definately not received anything.She told me to write to the judge asking for judgement which will be placed in my file that the file which will be given to the judge to look at next week who will then decide what happens next.She told me that in her experience if the defendant does not enter a counter claim by the deadline the judge will rule in the claiments favour. She also told me that because i their court dispensed with the Allocation questionare the bank will not be entitled to a stay of judgement. I can almost taste the money but will this news today scupper that or as Lloyds failed to meet the deadline imposed by the Judge and it is so far down the line i can breath a sign of relief? Surely my claim has gone too far and Lloyds cannot ask for anymore time etc??? Reading what Malaga1 wrote above "But the banks will be granted a waiver so they do not have to answer to any more complaints now" i guess this all might relate to any new claims just starting. It reads as follows: Before District Judge Smith sitting at Grantham County Court, Harlaxton Road, Grantham Linc's Upon reading the documents on file IT IS ORDERED THAT 1) The claiment do by 4:00pm on 9th July 2007 file at Court and serve on the defendant a scedule particularising each and every charge complained of together with the interest calculation. 2) The defendant do by 4.00pm 0n 23rd July 2007 file at Court and serve on the claimant a counter scedule in answer. After compliance the District Judge will consider further. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within 7 days of the date of service.
  17. I am worried and confused now. The received the "General Form of Judgement or Order" as detailed below and have provided the information as requested by the Judge. I also provided to SCM full details of each charge and how worked out my interest etc as they requested it in a letter several weeks ago. I spoke to the court manager on the 23/7/07 who said Lloyds have failed to file at court a counter scedule and also they have not served anything on me. I even checked again on Tuesday with the court manager who said they definately not received anything.She told me to write to the judge asking for judgement which will be placed in my file that the file which will be given to the judge to look at next week who will then decide what happens next.She told me that in her experience if the defendant does not enter a counter claim by the deadline the judge will rule in the claiments favour. She also told me that because i their court dispensed with the Allocation questionare the bank will not be entitled to a stay of judgement. I can almost taste the money but will this news today scupper that or as Lloyds failed to meet the deadline imposed by the Judge and it is so far down the line i can breath a sign of relief? Surely my claim has gone too far and Lloyds cannot ask for anymore time etc??? Reading what Malaga1 wrote above "But the banks will be granted a waiver so they do not have to answer to any more complaints now" i guess this all might relate to any new claims just starting. It reads as follows: Before District Judge Smith sitting at Grantham County Court, Harlaxton Road, Grantham Linc's Upon reading the documents on file IT IS ORDERED THAT 1) The claiment do by 4:00pm on 9th July 2007 file at Court and serve on the defendant a scedule particularising each and every charge complained of together with the interest calculation. 2) The defendant do by 4.00pm 0n 23rd July 2007 file at Court and serve on the claimant a counter scedule in answer. After compliance the District Judge will consider further. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within 7 days of the date of service.
  18. I asked the court manager how much time the Judge was likely to give the claiment to pay if he ruled in my favour. She said it would probably be 14 days.:grin:
  19. Request for Judgement form n225 sent to court for Judge to look at next week. Lloyds should have served counter schedule on myself and to the court by 4pm yesterday. Still nothing in the post today and the court have told me nothing has been sent to them. Looks like i have won:D but won't be happy until the Judge has spoken. The court manager i spoke to told me that the likely outcome is for the Judge to rule in my favour due to the defendant not serving the counter schedule on time as ordered to in his letter. How long will he give the defendant to pay? Will it be 14 days?
  20. (2) The date of issue of claim i assume is the date i went on www.moneyclaim.gov.co.uk If so i think i now have it. (1) Amount of claim as admitted(inc interest at date of issue) £2054.23 (2) Interest since date of claim worked out at £0.36p per day. Total days 90. £0.36 x 90 =£32.40 Period from 24/4/07 to 23/7/07 (3) Subtotal £2206.63 I am aware the Judge is due to look at this next week. How long will he give Lloyds time to pay me in full? Can you see any more stumbling blocks? Gary
  21. Hi Michael Thanks for that. Should i send some sort of supporting letter or does the form speak for itself? I assume in my case i would tick the box labeled "A" I am not sure about the rest of it. I know how much i am claiming for in charges and how much interest. (1) Where it says Amount admitted(including interest at date of issue) is this the total from when i first informed Lloyds of my charges and the total of interest and not anymore interest whilst this matter has been going on? (2) Where it says Period from and to is this the date of the first charge i am claiming for and the to date will that be the last charge that i am claiming for? (3) Is rate 8% (4) I know how much my court fee is. I know i can claim interest occrued from when i started my claim to Judgement but can't be bothered to work this out. My charges breakdown as follows Amount of charges £1,629.00 Interest 8% £425.23 Court fee £120.00 Sorry for so many questions. Gary
  22. Hi I have got the form N205 (mco) Notice of issue but it only contains guidence notes and tells me how much my issue fee was. I have not got the document you have quoted. What should i do? The other forms i have received along the line are as follows: N10 Notice that ackowledgement of service has been filed. N271 Notice of transfer of proceedings N24 General form of Judgement or order
  23. Hi Spiritgirl No there was no form to fill in re:Judgement. Hopefully someone who has been at the same stage as me will respond to this thread. I will be well chuffed if i have won:D Gary x
  24. I received the following letter over a month ago and supplied all that was requested. At the same time SCM requested a breakdown of all my charges. How much for, what type of charge, how I worked out my interest etc. It reads as follows: Before District Judge Smith sitting at Grantham County Court, Harlaxton Road, Grantham Linc's Upon reading the documents on file IT IS ORDERED THAT 1) The claiment do by 4:00pm on 9th July 2007 file at Court and serve on the defendant a scedule particularising each and every charge complained of together with the interest calculation. 2) The defendant do by 4.00pm 0n 23rd July 2007 file at Court and serve on the claimant a counter scedule in answer. After compliance the District Judge will consider further. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within 7 days of the date of service. It is now 4pm and i have just spoken to the Court manager at Grantham. Lloyds had to enter a counter claim by 4pm today by letter or fax to the court but also send me a letter of the counter claim to arrive at my address by today. The court manager has told me that they have received nothing in the post or a fax so i can write to the court informing them that Lloyds have failed to enter a counter claim by the deadline set by the court and and asking for judgement in my favour. She told me that the file will now go to the judge to look at next week who will then decide what happens next.She told me that in her experience if the defendant does not enter a counter claim by the deadline the judge will rule in the claiments favour. She also told me that because i their court dispensed with the Allocation questionare the bank will not be entitled to a stay of judgement. I think thats what she said. Is there a templete letter that i should send? Is it too early to celebrate?? £2150
  25. It is now 4pm and i have just spoken to the Court manager at Grantham. Lloyds had to enter a counter claim by 4pm today by letter or fax to the court but also send me a letter of the counter claim to arrive at my address by today. The court manager has told me that they have received nothing in the post or a fax so i can write to the court informing them that Lloyds have failed to enter a counter claim by the deadline set by the court and and asking for judgement in my favour. She told me that the file will now go to the judge to look at next week who will then decide what happens next.She told me that in her experience if the defendant does not enter a counter claim by the deadline the judge will rule in the claiments favour. She also told me that because i their court dispensed with the Allocation questionare the bank will not be entitled to a stay of judgement. I think thats what she said. Is there a templete letter that i should send? Is it too early to celebrate?? £2150
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