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About Iwantmymoneybackrightnow

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  1. I have today received defence along with AQ from the courts. It is 9 point defence, nothing untoward that I can see. My question is AQ has to be filed by 30th May is it best to hang back til nearer deadline or should I send it sooner as I have it prepared already. My thinking was the sooner I submit this and copy it to SC&M the sooner they know I mean business. Or does it make not a blinding bit of difference as SC&M seem to make it up as they go along anyway!
  2. on another note have been preparing for AQ and just wondered if somebody could check what I have in mind for section G In section G Please find the following attached to this allocation questionnaire 1 Section G - Other information 2 Draft Order for Directions This allocation questionnaire and its attachments were sent to the Defendants Solicitors Messrs. SC&M on XX/XX/XXXX Then I have attached firstly In the Manchester County Court Claim number XXXX Between XXXX- Claimant And LLOYDS TSB BANK PLC - Defendant Section G - other information If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order. I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously. If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour. The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire. The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters. It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent. Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside AND SECONDLY..... In the Manchester County Court Claim number XXXX Between XXXX- Claimant and LLOYDS TSB BANK PLC - Defendant Draft Order for Directions 1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order. 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. e) Any witness statements. f) Copies of decided cases and other legal materials to be relied upon. If the Defendant fails to comply with this order, the Defence will be struck out without further order. I have today submitted this for my mother in laws claim but didnt get it looked over by anybody. Thanks
  3. Ok thanks for replies, will try that patience thing (though hubby already says I try his) :)
  4. Sorry about the typos got a bit excited coz someone was talkin to me xxx
  5. Hi Curlychic On my Notice that acknowledgement of service has been filed it states that The defendant filed an acknowledgement of service on the 24th April. It then goeson to say that The Defendant has 28 days from the date of service of the claim for with particulars of claim to file a defence. My claim was deemed served on the 5th April. Please tell me oif I am miunderstanding this ????? PS. When I phoned the court today they said that they were late in filing Defence.
  6. Just a question, maybe a silly one but would it be quicker to phone SC&M and inform them that I am going to request judgment just to speed it up a bit, if it is unlikely that the judge will allow judgement to be entered. What do you think ???
  7. Ok thanks How late do they have to be for the judge to allow judgement????
  8. Rung the court today and they said no defence entered. Do I just detach the bottom half of the notice of issue and request judgement on that??? Have you any idea what happens after i send this request for judgement???? Thanks for replying Curlychic thought no one was talkin to me XXXXXXXX
  9. Christina Is it unlikely that judgement will be awarded??? I also issued proceedings for my mother-in-law on the exact same date and she received her defence which was dated the 30th April. I did however notice that SC&M's reference for my mother-in-laws claim and my husbands claim is exactly the same. So was thinking maybe they have got confued and just responded to the one (slim chance, Maybe!!!!)
  10. Well since I last posted we withdrew £750.00 from Lloyds acc and transferred to a safer place!!!! Wrote to Lloyds informing them that we aceepted in part payment and that we are still pursuing the rest, and copied the letter to the court. My question now is Lloyds havent submitted a defence which was due on the 3rd May. Do i now just detach the bottom half from the Notice of Issue requesting Judgement and how likely is it that Judgment will be awarded?? PS they were also late filing their acknowledgement of service they filed on the 24th April but it should have been filed on the 19th. Is it normal for SC&M to be so lapse :-x
  11. Thanks for your help, will follow your very good advice. :)
  12. Or should I send it to Lloyds and cc both the solicitors and the courts.
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