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Barty, thats right - last communication was the notice of stay above. I'll try talking to the court and see what that brings....... E.I.Addyo

Hello all, it's all gone VERY quiet ..... No communication from SC&M, the Courts , the Banks - nobody....... Who do I chase ? The Courts or SC& M ? thanks E.I.Addyo

Hello All, this is a good one - last weekend I went to comet and bought a nice shiny new TomTom Go 510 SAT NAV - all £299.99 of it. Now I do quite a bit of Ebaying, so I bought this out of my Ebay profits - which meant I used one of those antiquated bits of paper to pay for it - I forget what they are called - ah yes - a CHEQUE !!! Now the spotty Oik they've employed in Comet obviously hasn't seen a cheque before - 'cos he had no idea what to do with it. His till very cleverly wrote the cheque for me..... only thing is - Spotty Oik never gave it to me to sign ! I never even twigged it at the time - until I get a message from Spotty Oiks boss on my answer phone "for me to please come into the store to sign it now ....." - a week later. I note the slightly desperate "pleeese..." Right - anyone got any advice ? I suppose I should just go in and sign it - but it's VERY tempting to say "kiss my a*** " where do we both stand legally ? E.I.Addyo

Hello All, received this a couple of weeks ago - don't really know what to do now ....... DISTRICT JUDGE DAVIES orders that this claim is stayed until 22 November 2006 to enable the parties to attempt settlement. On or before 06 December 2006, one of the following steps must be taken: either the claimant must notify the court that the whole of the claim has been settled; (see note (i) below) or the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm the agreement of all the other parties, (see note (ii) below) or all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed. Date 25 October 2006 Note (i): Where settlement of the claim is achieved before the end of the period of stay, the following will be taken to include an application for the stay to be lifted: (a) an application for a consent order to give effect to the settlement (b) an application for approval of a settlement where one or more of the parties is a person under a disability: and © the filing of a notice of acceptance of monies paid into court, or an application to accept monies paid into court out of time. Note (ii): Extensions to the period of stay will generally be no more than 1 month

Hello Quincy, glad to know there is someone at the same stage as me. I will write tomorrow to acknowledge receipt of their letter. Please post in this thread if anything happens your end, and keep watching here for any developments with me. E.I.Addyo

Hello All, Received today (20th Sept 06) a letter from Sechiari Clark & Mitchell with lloyds Allocation Questionaire attached. 2 points they have asked for a acknowledgement of safe receipt and also that I forward a copy of MY Court Allocation Questionaire. Firstly, I assume it is OK to acknowledge the receipt of the AQ and secondly I cannot forward my copy of the AQ as it's already been returned to the Birmingham Courts. (foolishly I sent the ORIGINAL back and didn't keep a copy) On THEIR AQ - i've noticed a couple of things - they have ticked the box for "Settlement" to be postponed for a month to attempt resolution ! also they have ticked the box for an additional witness. What do I do now - acknowledge safe receipt and wait ? Thanks E.I.Addyo

Similar has happened to a number of our End-Of-Lease Collection Drivers. (Photographic Evidence not clear as to who is driver.) In 3 cases I am aware of this was dropped outside of court. In each case the suspected driver of the vehicle had responded with similar to: "I cannot be certain as to who was driving this company car, as various colleagues drive vehicles throughout the day." In one particular case the driver and his colleague both said it could have been them, even attached a letter to that effect by the other potential driver ! All of these cases were dropped without proceeding to court. (They had all been summonsed on "Failure to Disclose".) Now as far as I'm aware the CPS could press forward with a case against the owner of the vehicle - the leasing company in this case - although they haven't as yet. I'm sure they will do eventually. Then that could result in repercussions at work, or they could press forward with a non-disclosure case against the recorded driver. (The company must maintain records as to who is supposed to be driving.) Again they haven't done so yet.

Hello Everyone, Just received the Court Questionnaire. Any advice ? EIADDYO

Hello All, Lloyds are defending !!!!!! What do I do now ? E I Addyo

HI Downsouth, to save you some time reading hundreds of posts - I have seen advised from within the forum that it's OK to combine both claims into 1 Court action. (I am dong this for 2 personal accounts - one of them does a standing order to the other, goes o/d then I get charges ....) E.I.Addyo

Hello Claire I'm filling in my moneyclaim tonight - what did you use for Lloyds address ? 125 Colmore Row ? Doesn't seem to work on Moneyclaim. I'd hate to mess up now .......... E.I.Addyo

Hello All, I'm sure someone must have come across this - but I've just spent hours searching the Forum and cannot find the answer .......... I am just about to file my moneyclaim online. When I complete the Defendants (Lloyds) details Moneyclaim is not recognising the address / postcode. I am using this : Lloyds TSB Customer service Recovery Centre 125 Colmore Row Birmingham B3 3SF which is the address I have sent the Prelim & LBA to. Any advice greatly appreciated ........ E.I.Addyo

LBA Hand delivered today into 125 Colmore Row in Brum. Now going to research next step in these forums....... Any advice appreciated E.I.Addyo

My source in the CPS says that in all likelihood such a case would be dropped outside of court. There is apparently a "Statute of Limitations" (or similar) that defines the time period over which such offences must be prosecuted. (It might be different for Non-Disclosure), but I understood that it was something like 3 weeks to get the original summons. It might be worth asking the question as to why this is being pursued now after a year. It sounds like it would be definitely worth the trouble of going to court. Good Luck

I agree - Like I've said - I have not personally been in this situation. I have 3 points for speeding - 35 in a 30 with a forward facing camrera. I have seen this defence applied successfully again likre many cases, it seems to depend on the magistrate and the circumstances... but as far as i am aware in the UK - you are innocent until proved guilty, but there is a valid argument on the "balance of probability." I always understood this to be the difference between a criminal and a civil suit - the burdon of proof. I'll stand to be corrected though..........

I also have incurred further "charges" whilst claiming. Inbetween the Prelim Letter and the LBA. In my original prelim I did not include interest either. Now that I am sending an LBA I have produced a new schedule of charges, including my latest and a calculation of the interest. I added a line in my LBA like "I have double checked the information supplied under your Data Protection Act Respone, including all charges up to 9th June and calculating interest accordingly" My belief is that if they want to contest my calculations they can do it in court - they have already sent me their "final response" I view my LBA as the definitve list of charges - they still have an opportunity to respond at this point - I gave them 14 days -otherwise - see you in court.

The moral of the story is that although daunting, it is sometimes worth the effort to let a case go to court. Unless the evidence is absolutely solid, like clear photographic evidence and the vehicle being registerd to you, then there is always the point to be made that there is a legitimate doubt. There may be some variations on the burdon of proof - but I have always understood this to be that the CPS have to prove beyond a reasonable doubt that you are guilty of the alledged offence, and that there is a presumption of innocence . When you receive your Speeding tickets they are worded so that they give you every opportunity to admit your guilt. Now I do not condone speeding - I do not condone avoiding penalties if you are guilty, but I do object to getting points and a fine where I am not the driver of the vehicle. E.I.Addyo

Oh yeah forgot this one If you ever get a Speeding ticket where your name address or some other detail that identifies you personally is wrong - take the court route. You'll need to bone up on your law a bit - but I have it on good authority from a freind at the CPS that Judges/Magistrates (?) will throw out such cases on a technicality. Apparently the Police / CPS have to show due diligence in verifying that they have the right person. Misspelling your name or address does not support due diligence - this introduces a doubt and the case should be dropped. Worth knowing if it happens. (I know this because another friends name is pronounced "Fanshaw" - its actually spelt "Featherstonehaugh" and he's used this to great effect for years) E.I.Addyo

This is a bit of an old chestneut. Speed Cameras. I work for a Car Leasing Collection Agency. As you can imagine there are a few of us (not me) that are racking up Points from being caught on Speed Cameras. This has worked 4 times to my certain knowledge. Driver 1 gets snapped on Camera. Ticket comes in a few days. Driver 1 Replies that he does not know who was driving at time due to the fact that we swap cars regularily during our days work . Summons arrives - but summons are for Non Disclosure not Speeding (Carry exact same penalties) Driver 1 Responds not guilty and takes court option. Gets court date and attends court. CPS drops case outside court just before being called in. (Vehicle is not registered to him and photo evidence is inconclusive plus he is entering a plea of not guilty.) A variation was when driver1 responded that it was either him or driver 2 but didn't know which, again car is registered to lease firm, and photo evidence is inconclusive. Neither prosecuted. I'm not sure, but I think the reason is because the onus is on the police to gather evidence and for the CPS to prove who is driving. In all of these cases there is a reasonable doubt as to the identity of the driver so they dont pursue it. BTW - there is an equal number of drivers that don't contest and just take the points and the fine.

Bookworm - I've just read your complete thread from start to finish. Fantastic. Buoys me up no end for my relatively simple battle with Lloyds TSB. But I have had several Barclaycards in the past - so with the benefits of your excellent efforts I'll tackle them next after Lloyds. Again Well Done - you are an inspiration. Nail 'Em E.I.Addyo

I agree I listed both of my accounts on the same DPA letter and got seperate packs back on the same day 2 weeks later. E.I.Addyo

hey sequenci got my self a little confused - I'll try to explain. DPA request was for 2 accounts. I put together my original letter and added all the items together for a total - unfortunately I headed my letter with just my primary account No. (Not both of them) Now I have used Vampiress Spreadsheet to work out the interest (using the before court sheet) on each unlawful charge for both accounts. I now have a new total for both accounts. This new total is £2075 which includes the interest on each charge - this is about £400 HIGHER than my prelim letter amount. 2 Questions : When I do my LBA it will be for both accounts jointly - any problem here being as I only mentioned my primary account on the prelim ? My Prelim letter did not include any interest whatso ever - ok to include for LBA ? Personally I regard my LBA as a final demand, calculated for everything owed to me - the prelim letter was a shot across the bows - if they had settled at that I would have been chuffed. What do you think ? Carry on regardless or resend prelim ? E.I.Addyo

Hello All, quick response from LLoyds, prelim letter hand delivered Monday, replied today (Thurs) : Get Lost Peasant ........ this is the banks final response ...... Ok - do I have to wait for the full 14 days for the LBA or should I send it off now ? E.I.Addyo

Just to let everyone know - 125 Colmore Row is NOT the Colmore Row branch of Lloyds TSB. (125 is across the street and has a Glass revolving door.) E.I.Addyo