Jump to content

seesaw

Registered Users

Change your profile picture
  • Posts

    26
  • Joined

  • Last visited

Everything posted by seesaw

  1. We won! Received a letter from SC&M on friday and the money was in the bank the same day. Will be sending a letter to the court tomorrow. Thanks for all your help - definitely wouldn't have come done it without all the info on this site. We'll be donating - keep up the amazing work and thanks again!
  2. Thanks for the reply Gary - i'll ring the court and check. Just wanted to make sure I wasn't missing anything.
  3. From CPR 12.4 Prelim stage - I'm still none the wiser! Disposal hearings (1) A disposal hearing is a hearing --- (a) which will not normally last longer than 30 minutes, and (b) at which the court will not normally hear oral evidence. (2) At a disposal hearing the court may --- (a) decide the amount payable under or in consequence of the relevant order and give judgment for that amount; or (b) give directions as to the future conduct of the proceedings. (3) If the claim has been allocated to the small claims track, or the court decides at the disposal hearing to allocate it to that track, the court may treat the disposal hearing as a final hearing in accordance with Part 27. (4) Rule 32.6 applies to evidence at a disposal hearing unless the court directs otherwise. (5) Except where the claim has been allocated to the small claims track, the court will not exercise its power under sub-paragraph (2)(a) unless any written evidence on which the claimant relies has been served on the defendant at least 3 days before the disposal hearing.
  4. Just received notice of a Disposal Hearing to be held on the 23rd April for 10 minutes. Can anyone tell me what this is for? It doesn't give any other instructions but says 'Please note: this case may be released to another judge possibly at a different court' - is this standard procedure? help!
  5. Thanks for the suggestion GuidoT - I was watching your thread with interest. Finally managed to check with the court yesterday and interestingly Lloyds have not requested a stay. Worryingly they are being fully compliant and on time.
  6. Just an update. As of the 8th March deadline we had not received a copy of the completed Lloyds AQ. Checked with the court today and apparently they have received it and the judge is reviewing. Looks like all we can do is sit tight and wait for a court date to come our way .
  7. Ignore my last lot of ramblings - i've read on through some statements and the draft directions and all is explained. Must stay calm and collected!
  8. Hi - i'm just completing the AQ (and the letter objecting to any forthcoming transfer requests) and getting myself a bit worried. In section G, as per the new AQ strategy, i should state ' The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise.' However Lloyds have clearly stated in their defence that there is no breach of contract (and hence the charges cannot be penalties) - could this cause me a problem later on? should i just stick to the argument that the charges are unreasonable and dispproportionate as per the sale of good act? Just after some reassurance that this defence is standard and i won't get stuck arguing what constitutes a breach of contract!
  9. Thanks Michael - again! Something along these lines - addressed to the court? I understood from the acknowledgement of service issued by Giffen Couch and Archer that they would be submitting an application to contest jurisdiction. As of the 25th February 2007 deadline no such application has been received. I would like to object to any application for transfer on the following grounds. to follow - grounds as per citicards objection letter
  10. It states on the acknowledgement of service (next to where they have ticked that they will contest jurisdiction) 'if you do not file an application to dispute the jurisdiction of the court within 14 days of the date of filing this acknowledgement of service it will be asumed that you accept the court's jurisdiction and judgement may be entered against you' I was hoping that they may be looked on unfavourably for the blustering behaviour of ticking boxes willy nilly and causing me undue stress
  11. We're slightly ahead of you old chap (we have received lloyds defence today and it is pretty unremarkable) - keep ploughing onwards, we've all got a way to go yet i think!
  12. Well we received Lloyds defence today (10 days ahead of the deadline) and there was nothing surprising in it (the usual - charges are for banking services, cannot be a penalty without a breach of contract etc). The defence was also served by SC&M in Brighton - don't know what happened to GC&A?! Importantly there is no statement that refers to their intention (on the acknowledgement of service) to 'contest jurisdiction'. Would this be done separately to the defence document or have they made an error? If so how do i capitalise on it? Looks like we're back on the same track as everyone else BUT if they've messed up by ticking their intention to contest jurisdiction and not following up on it i'd like to make them pay!!
  13. Many thanks for the link Michael. I've had a read through - did the letter Martin3030 was referring to ever get drawn up? The letter in post #1 contains most of the key points but if there is a revised edition I may aswell use that. It'll be interesting to see where they decide they want to move the cases to.
  14. Really pleased to see so many people doing so well on the forum We've just received our acknowledgement of service stating that Lloyds intend to defend all of the claim AND contest juristiction - i've not seen this mentioned on any other threads. Is this new? Also the lawyers for Lloyds are Giffen Couch and Archer in Luton. No SC&M for us - maybe they're now too overwhelmed?! Is this anything I should be worried about?
  15. Claim filed using the N1 direct to the county court - here we go! I'm assuming that we have to be a little more on the ball with our dates as we're not using MCOL I'm keeping an eye on plenty of other threads just ahead of us - good luck to us all!
  16. Thats fine then, thanks - i'm desperately trying to get everything right - it seems from the hundreds of threads on the go that Lloyds and their lawyers are getting more tricky as the days go by! Should i just put a statement in the N1 about Lloyds repaying some of the charges hence their not being included in the schedule?
  17. I've been searching around the site all night trying to find some answers to yet more questions about the £750 repayment but am mostly coming up blank (although i've absorbed an extreme amount of information to help in the next stages ). I saw some advice stating that the £750 should be split between all charges e.g. 750/30 (no. of charges) = £25 which should be taken off each charge. The interest would then be calculated for me by the spreadsheet and can be claimed. Is this the best way to handle the repayment? Do i need to explain this all to the court somewhere and where is it best to do this? Send a 'before' and 'after' schedule of charges?
  18. Hi Everyone - I'm in the same situation. Lloyds have also offered me the £750 repayment which I have thanked them for while continuing my claim. I'm very confused about how this now affects my schedule of charges and the interest. I have had a response to my own thread confirming that we cannot claim interest on the £750 and need to remove the charges and interest from the schedule. I saw somewhere else the following guidance 'divide 750 by the number of charges and take that off each charge e.g. 750/30 = £25. £25 to be taken off each charge. How should this be done in practice? Should it be evident on the schedule that there has been a £750 repayment? Has anyone done this?
  19. Thanks for the prompt reply Michael - I'm glad that I checked! As Lloyds have credited our account (without waiting for any aknowledgement) i will need to recalculate the claim. How exactly do i do this? Can i still use the schedule of charges spreadsheet? If so, do i delete off £750 worth of the newest or oldest charges (obviously they have all amassed different amounts of interest depending on their age). Maths was never my strong point unfortunately!
  20. Just after a little reassurance from the more experienced of you out there please! We received the £750 offer today (4 days before the LBA specified deadline). Having read through similar threads we plan to send the Rejection of settlement offer letter and on the 18Jan07 claim for the following: Total charges = £1615 + 8% Interest = £277.31 Claim amount = £1892.31 - £750 Final claim amount = £1142.31 Is this correct? We're also trying to decide whether to use MCOL or the N1 form - does anyone feel strongly for one or the other? Thanks in advance for any answers/musings/anecdotes....
  21. Thanks for the replies - much appreciated. Just to let you know that we've moved on a bit with our claim and i'll be heading out to post our LBA tomorrow, having received a rubbish (and from what i can gather a very standard) response from lloyds! I've used the LBA template and have added very little to it - it's pretty succinct! I've now got to try and read up on my next steps re: MCOL. Holiday reading! I'll keep you all posted!
  22. Wow - thats an unusual and encouraging response from Lloyds! I'm not at that stage yet but from reading other threads I would suggest you thank them for their money and carry on with the claim! Good luck!
  23. Hi All - we're just completing the schedule of charges to accompany our prelim letter. Can anyone confirm whether we can claim back an overdraft usage fee (£25) (not the fee charged for the service of having an overdraft, but a penalty fee charged when it is used and it is unauthorised). I can't find any reference to this in the threads or FAQ's. Appreciate your help Seesaw
  24. Hi Everyone, just a quick post to get myself started. We are just at stage one of the claim process - having just requested a record of transactions/charges from lloyds. i hope to post our (successful) progress here as i go! Thanks to all for the 'getting started' suggestions in the welcome forum. Regards, Seesaw 04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request). 06Dec06 Statements received.
×
×
  • Create New...