Help - Court Has Stayed Case

[freebird]

Janine, like your stamina..good luck

 

Buzzba, start a thread off with your claim in the Lloyds section and we can help you out easier by reading yoour steps so far.

[jan001]

Hi All

 

Sorry I have not been in touch for a while, been nothing going on but just sitting back and waiting.

 

How did the ralley go on Friday, sorry I couldnt be there. Hope it went well and you all had a good night after.

 

Well I have recevied the Notice of Defence from Lloyds and I need to complete and return an Allocation Questionaire by 14 December 2006, which I am in the process of filling in at the moment and would like to send tonight (show them how keen I am!!!!!)

 

Is there anything I need to know at this stage other than what the quidance notes are telling me.

 

I have filled it in and am adding the paragraphs suggested in Item G, "other information".

 

I beleive I do not need to pay a fee because I am only claiming £1190.57.

 

Do I need to send it with a letter or just on its own?

 

Just want to make sure I get it right before I send it.

 

Thank you so much for your help.

 

Janine. x

[Michael Browne]

Yiu can ask for Standard Disclosure:

 

I

am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

 

And/or refute their defence contention re: vagueness of your POC's. Read carefully and amend where necessary:

The defendant in its defence contends that this claim is not suitably particularised and the statement of claim is “embarrassing” and shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the statutory and common law provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, contrary to the contention of the defendant, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court on the day of issue for inclusion alongside the claims particulars. Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. For the sake of expediency, I have attached another copy of the schedule to this allocation questionnaire.

 

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

[jan001]

Thanks Michael

 

I have put the first chunk in, so I will send it recorded delivery tomorrow.

 

Thank you.

[jan001]

I have filed my Allocation Questionnaire which is due by tomorrow (14.12.06), but on receiving the bank's AQ I have noticed there are a few boxes of mine which are not ticked and I am not sure if it matters.

 

I followed the instructions on this site for Section E "Experts" to tick NO, which I did for the first questions, but did not tick anything for the further questions in that section. Does this matter?

 

Also for Section F "Hearing" I ticked NO, to the first question, but did not tick anything on the further question "Will you be using an interpreter at the hearing either for yourself or for a witness?". Does this matter?

 

I am worried that they will throw it out if I dont fill it in correctly. I have prepared a new one and will run it down to the courts tomorrow if you think I should do so.

 

Thank you very much.

 

Janine x

[BARTY]

Hi Janine,

You have nothing to worrry about, I have just checked my copy, and I filled it in exactly the same as you.

Good luck!

Barty:)

[jan001]

Thanks Barty. x

[jan001]

Hi All

 

Hope everybody had a nice christmas and the ralley and christmas party went well!

 

I have just received my "Notice of Allocation to the Small Claims Track (Hearing)" with my court date of 2 April 2007.

 

There are a few things that they require that I could do with a hand with.

 

In paragraph 3 it states that any party may rely as evidence on a statement of case (if verified by statement of truth). Is this the court bundles which you refer to.

 

Can someone help me with what I need to send to them because I am getting a bit confused now. Thanks.

 

Also, should I do it ASAP and show them im on the ball or do I wait til close to the deadline so it puts pressure on them to submit there reply?

 

Any help here would be very greatly appreciated. Thank you.

 

Janine. x

[jan001]

Please can someone reply to my question yesterday please.

 

Thank you.

 

Janine. x

[jan001]

Hi All

 

Hope everybody had a nice christmas and the ralley and christmas party went well!

 

I have just received my "Notice of Allocation to the Small Claims Track (Hearing)" with my court date of 2 April 2007.

 

There are a few things that they require that I could do with a hand with.

 

In paragraph 3 it states that any party may rely as evidence on a statement of case (if verified by statement of truth). Is this the court bundles which you refer to.

 

Can someone help me with what I need to send to them because I am getting a bit confused now. Thanks.

 

Also, should I do it ASAP and show them im on the ball or do I wait til close to the deadline so it puts pressure on them to submit there reply?

 

Any help here would be very greatly appreciated. Thank you.

 

Janine. x

[Michael Browne]

Is this the court bundles which you refer to.

Yes. See these 2 threads:

Court Bundle

Basic Court Bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

[jan001]

Thank you Michael

 

I will have a look at them at the weekend.

 

Also, does it matter if you dont have your letters that Lloyds have previously sent on this matter.

 

I also want to know what the best tactics are. Should I file my court bundles ASAP and show to Lloyds that I am on the ball or should i wait til the last minutes so it puts them under pressure to file a response.

 

Advice on this would be extremely helpful.

 

Thank you.

 

Janine. x

[Janet-M]

Janine is your user name is your real name then please PM me with an alternative as its in your best interest not to use your real name

[jan001]

Hi All

 

I am just preparing my court bundles at the moment which seems to be taking forever because I dont get much time to work on them, so I seem to be spending all my time trying to get my head round it.

 

Does anyone have any helpful tips or advice that they would like to share with me please.

 

Any help would be greatly appreciated.

 

Thanks

 

Jan. x

[jan001]

Hi

 

I have received the following letter today from Birmingham County Court regarding my case with Lloyds TSB. As follows:

 

..........................................

"Before DISTRICT JUDGE COOKE sitting at Birmingham County Court, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham, B4 6DS.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

 

This court is aware that a test case has been issued in the High Court between the Office of Fair Trading and certain banks, with a view of determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair Terms in Consumer Contracts Regulations and other legislation to such charges.

Further information in relation to the test case is available on the OFT's website at The Office of Fair Trading: making markets work well for consumers.

 

Upon it appearing that the issues raised in the test case will affect this claim, the claim is stayed until further order with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR23, to lift the stay. If there is no such application by 30 September 2008, the court will in any event then consider whether to make a further order.

 

Dated 25 September 2007"

...................................

 

Can anybody help me with what letter I need to send them please.

 

Thanks.

[Bookworm]

3 threads merged. Please stay on 1 thread per claim, it makes things easier to follow.

[jan001]

Hi

 

I have received the following letter today from Birmingham County Court regarding my case with Lloyds TSB. As follows:

 

......................... .................

"Before DISTRICT JUDGE COOKE sitting at Birmingham County Court, Civil Justice Centre, The Priory Courts, 33 Bull Street, Birmingham, B4 6DS.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT

 

This court is aware that a test case has been issued in the High Court between the Office of Fair Trading and certain banks, with a view of determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair Terms in Consumer Contracts Regulations and other legislation to such charges.

Further information in relation to the test case is available on the OFT's website at The Office of Fair Trading: making markets work well for consumers.

 

Upon it appearing that the issues raised in the test case will affect this claim, the claim is stayed until further order with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR23, to lift the stay. If there is no such application by 30 September 2008, the court will in any event then consider whether to make a further order.

 

Dated 25 September 2007"

......................... ..........

 

Can anybody help me with what letter I need to send them please.

 

Thanks.

[GuidoT]

Unless you have exceptional circumstances, it is futile to attempt to get the stay lifted, in particular as you have DJ Cooke.

 

Have a read around here:

OFT Stay Removal

More OFT Stay Removal

Stay Forum