Spearmint v LTSB *** WON ***

[Deller]

Yes.

[Spearmint]

Good stuff!

 

Might just have it settled in time for Chrimbo!

[jo1006]

Good luck Spearmint. we're at the same stage as you and are filling in the forms over the weekend and robbing our kids piggy banks for the hundred quid to file it. Fingers crossed we'll all have a good christmas, or at least a prosperous new year.

Keep going, we're thinking of you and everyone who is tackling the giant!! Its all a bit David and Goliath!!

Mick and Jo:D;)

[Spearmint]

I know! It's great being the under dog and giving the champ a bloody nose!

[Spearmint]

Right, I've just opened up the saved file that I had which detailed exactly what I was claiming inclusive of the 8% interest as per the S.69 County

Courts Act 1984.

 

Now because it's an automatic calculation which works out this amount to be added it's grown slightly.

 

My original claim when I first submitted with MCOL stood at £1237.88, the spreadsheet has now calculated it stands at £1244.90. So which should I go for and how do I go about it?

[Michael Browne]

Close the s/s. Click on the time in your taskbar and reset the date to the date you filed. Open s/s and print out. Reset date after.

[Spearmint]

Good stuff, cheers!

[Spearmint]

Sending of the AQ today with a copy going off to SC&M.

[Spearmint]

Just got off of the phone to SC&M, in an effort to ascertain just at what stage this case was at. Now I was expecting them to say something along the lines of a settlement letter having been sent out. No such luck, apparently they've filled out something else and sent it back to the court, he was very sketchy on the details. I wonder what the sneaky barstewards are up too?

 

Anyone else experienced this?

[elsinore]

apparently they've filled out something else and sent it back to the court

 

Could be their AQ.

I notice you got yours on 8th December and SCM would have got theirs at the same time. You will both have been given a couple of weeks to return the AQs and SCM usually leave it until the last minute!

 

Elsinore

[Spearmint]

Oh good, so nothing new then? They take their sweet time don't they!

[Spearmint]

I've just received a copy of SC&M's completed AQ, now I take it they will receive a copy of my AQ even though I have already sent them a copy when I sent my own completed AQ to the courts.

 

So whats next? SC&M read my AQ? Go, 'Bugger, it looks like this guy has followed the advice from the CAG too the letter' and get busy with the settlement letter?

 

Fingers crossed!

[Spearmint]

Still waiting on the court to get back on this one.

[Spearmint]

Received a letter about the case being swapped to a more local court as being in the Armed Forces, I don't fancy travelling if it ever gets to a court hearing.

 

That'll probably be why I am still waiting for anything definate.

[Spearmint]

Didn't think it would take this long for them to get back to me....

 

I've just received a letter from the Northampton County Court stating that:

 

On Monday, 5th February 2007

 

Deputy District Judge ******* ***** sitting at 85-87 Lady's Lane Northampton considered the papers in the case and

 

ordered that:

 

1) The Claim is allocated to the Small Claims Track.

 

2) The Claimant shall by 26 February 2007 send to the Defendant BUT NOT to the Court:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount and alleged reason (if any) for that charge being made;

 

b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;

 

c) A statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties or otherwise.

 

3) The defendant shall by 19 March 2007 send to the Claimant BUT NOT to the Court, a response to the claimants 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 (or otherwise not payable eg UCTA) and, if not, why not.

 

c) If such a charge is alleged to be a pre-estimate of the Defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters to be relied upon as showing that such is 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.

 

4) The Claimant and the Defendant shall when complying with paragraphs 1 and 2 above send to the court proof of such compliance.

 

5) Upon compliance with paragraphs 1, 2 and 3 the claim will be referred back to the District Judge for further directions.

 

6) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver this application to the Court (together with any appropriate fee) to arrive within seven days of service of this Order.

 

Anybody had similar to this?

 

I thought I have already given the sodding bank what it needs?

 

Any advice peeps?

[Michael Browne]

This is actually good news. As long as you comply with the order, the bank will almost certainly settle before the 19th March, since they won't want to comply with 3c.

Send them:

Schedule of charges

Copies of Statements (just those with charges)

Statement of Evidence See here:

New strategy for Allocation Questionaires

[Spearmint]

Oh right brilliant!

 

I'd best get cracking with the knacking then!

 

Cheers for your help Michael.

[Spearmint]

A large envelope has now been sent to LTSB today.

 

I apparently need to send a letter to the Court saying that I have done so, does anybody know how to address a Deputy District Judge?

[Michael Browne]

Just FAO Deputy District Judge XXXX

Don't forget to put your claim details in the letter.

 

Sorry I've just re-read your post. Address him as Sir.

[Spearmint]

Thankyou.

[Spearmint]

Well the 19th March passed this Monday last so what now? Expect a letter from the courts to say I've won? Or start chasing it up myself?

[GaryH]

You need to inform the court that they have not complied. There are letters here - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html, sending the first one to SC&M is optional, just go ahead and send the second to the court if you like (copying SC&M also)

[Spearmint]

Been a while since I have updated this thread.

 

Twice I had to call up the County Court to find out what was happening the first time with them telling me that the file was left 'Dorment' in the office or something?

 

Anyway, LTSB failed to comply with section 3c and so the Court has struck them out. I am now in the process of sending off my 'Request for Judgement' so in the not too distant future I shall have a nice fat cheque arriving for me!

[Spearmint]

I do have one more question.

 

This concerns the 8% interest. How much can I realisticly claim for? What I originally calculated prior to filing with Moneyclaim or include the 8% (at a rate of £0.27 per day) up until they where struck out?

[zootscoot]

Congratulations Spearmint.

 

Interest is payable until they pay