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shinchan

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Posts posted by shinchan

  1. I've just had a thought about my stayed case against lloyds. During a period for which I am claiming back unlawful charges, I just remembered that I was in receipt of working family tax credits. Is this enough to get the stay removed and what do I need to produce to prove this about from the payment shown on my statements. Also, can I only claim the charges which occur during these periods?

     

    Thanks.

  2. I've just had my claim stayed today at Croydon County court. The Judge was very down to earth and explained that all case were being stayed under application because of the Wilson v Robertson case. He did however say that he has refused the stay in cases where the claimant was in receipt of state benefit. I didn't go this route at the time because I am currently not receiving any state benefits. However, once I got back into the office, I realised that during the period of my claim, I have been in receipt of working family tax credit and a few weeks of job seeker's allowance payments. Therefore my question is, do I have to be in receipt state benefit at the time of applying for a removal of the stay, or can I apply as my claim includes a period of time when I was receiving working family tax credits?

  3. Just got back and the Judge was not happy with Lloyds/SCM at all. He was clearly not leaning towards allowing a stay, but spent most of time asking why Lloyds/SCM had not submitted any documents as per the directions of the court. They ask for an adjournment which I ask the Judge whether I could boject to this. Although understanding, he said that Lloyds/SCM had the right to present their case and he would reschedule it for the next available hearing. (I kick myself here a bit because I forget to mention that LLoyds had delayed on numerouds past cases which they eventually settled...even printed out the spreadsheet this morning). He has ordered that Lloyds/SCM submit their bundle or an official application for a stay by August 23rd. He also said that any application for a stay in relation to the OFT case must clearly stated how the OFT case is relevant to mine. So I wait and see what happens, which is probably an official application for a stay which I will of course fight using the guidelines from CAG.

     

    On another note, beacuse of the amount he was of a mind to move the case from the small claims track to the fast track, which I thought would be better for the bank, but not for me, but they said they were happy to continue in small claims. Do they know something I don't or is this just the usual oversight by them. The Judge did raise an eyebrow at this and said he wondered why they would do this as if affected the limitation. Not sure what he was hinting at.

     

    Finally, something which may of be of interest to those more knowledgeable. The Judge said that, unknown to the press as there has been no annoucement, several case against bank were being tried in the London mercantile courts this October.

  4. Have a court date of tomorrow morning at Croydon County Court. SCM had not complied with the courts deadline for filling their defence bundle, which included an instruction to show how the charges are calculated. I sent in both non-compliance letters as suggested and still no response. I did get a little worried when the test case was announced, but have not received anything from the courts saying that they were automatically staying case. Nor did I received anything from SCM...until I got home today to a letter delivered in the morning (but dated August 3rd 2007) after I'd gone to work stating that SCM would be applying to the court for a stay pending the outcome of the OFT test case. Should I, as I intend to, just turn up at court tomorrow, or call the court in the morning explaining that I've only just received scm's letter? Oh fun and games, eh.

  5. 9th August 2007 - 10.00am at Croydon County Court.

    Issued on 04/07/07.

    Directions: Documents to be delivered 28 days before hearing! (which is 12/06/07...hand delivered on the day before).

    Amount a little over £10k inc. interest and court fees, allocated to Small Claims track (as requested).

    Filled in AQ but non of the directions were ordered, however on the second sheet it states that, "Defendant serve and file a breakdown of the amount charged showing how same is calculated with his copy of documents".

    It also says that my case hearing has been set at the same time as other similar cases as their "experience shows that many cases settle and the Judges time is often wasted".

  6. When submitting the court/defendant bundle for a Small Track Hearing, can update the amount I'm claiming for to included additionally incurred 8% interested and new bank charges that have been added since my original schedule of charges submitted with the claim application?

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