Spearmint v LTSB *** WON ***

[Spearmint]

Submitted it, I reckon I've got it right which wouldn't of been possible without this site and it's members. Fingers crossed........

[Spearmint]

On the moneyclaim part where you can check up on it it has an area marked 'Judgement'.

 

What relevance does this area hold in a case like this?

[Michael Browne]

None at the moment. It's for applying for judgement by default

[Spearmint]

Just got another letter today stating 'We do not believe you received such and such a letter dated, so here is another copy' Which basically means the letter I posted a copy of up in post #43, has been sent again.

 

Sign of desperation? Tactics to try and make me cave in?

 

My case was submitted with moneyclaim on the 09/11/06, what do I do now?

 

Do I just wait for the 14 days to end? If they haven't replied I win right? How do I go about sorting that out or is it instantaneous?

[Spearmint]

Anyone?

[BARTY]

Hi

They have 14 days from when the Claim was served to adknowledge it, and then a further 14 days to enter a defence. If they do not adknowledge it within then 14 days, you can then press the judgement button, but it probably will not come to this, so don't build your hopes up!

Good luck!

Barty

[Spearmint]

So 28 days from when Moneyclaim show's it was served then yeah?

[BARTY]

Hi

Yes, i'm sure that is right. Have they acknowledged yet?

Barty

[Spearmint]

It says that the claim has been Issued and that it has been accepted?

 

It also says that the defendent has 14 days from the date the claim was served to reply?

 

So does that mean they have acknowledged the claim and they are preparing some kind of defence?

[BARTY]

Hi

I don't think this means they have acknowledged, I'm sure it comes up on the MCOL website that they have acknowledged, and you get a letter in the post saying the same (I think).

Barty

[rickderris]

at what point do you send your statemnts off?

[Spearmint]

at what point do you send your statemnts off?

 

You don't send them off, you calculate what you are owed and then using the templates from the library on this forum you send your request off plus a detailed breakdown of what they owe you.

[Spearmint]

Cheers Barty.

 

So if I launched my claim on the 09/11/06 that means they have until the 23/11/06 to acknowledge it.

 

Which is tomorrow!

[Michael Browne]

If you submitted on Nov 9th, it will be deemed served on Nov 14th, so they have until Nov 28th to acknowledge and Dec12th to defend.

[Spearmint]

Bollocks, they've acknowledged it.

[Spearmint]

Oh-oh.......it's gone to a defense!

 

What happens now then people?

[Michael Browne]

It'll be transferred to your local court who will send you an AQ

[Spearmint]

Yeah, I've just had a read of Reloads thread. Apparently they offered a settlement before the AQ was returned?

 

So I guess my next step is to follow the FAQ on here for completing the AQ and wait for a phone call from their solicitors?

[groves]

I'm at the same stage as you spearmint - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/27044-steve-lloyds-tsb.html. I've sent my AQ back to the court and sent SC&M a copy too (fax and registered post). I'm gonna call them next week and chase up a copy of their AQ and hopefully they will have requested a month to settle as in many other cases.

 

If that's the case i'll call them then and ask them to settle!

[Spearmint]

Right, got my AQ today so I'll get this sorted once I've read through the FAQ's on here.

[Spearmint]

LTSB's defence looks to be the standard 9 point tosh that everyone else gets. Nothing mentioned about my claim being vague or anything either.

 

So I guess it's fill this AQ out as per the FAQ's, then send a copy to both the County Court and SC&M.

[BARTY]

Hi Spearmint

Yep that's right, not long for you now, you're on the last lap!

Barty:)

[Spearmint]

With filling out the AQ section G, I'll use this statement...

 

I believe this case will last no longer than 1 hour in total.

 

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. I believe this would bring a rapid end to this litigation.

 

Am I to include my own schedule of charges at this point?

[Deller]

Yes send your schedule again.

[Spearmint]

And I would definately be best to send exactly the same both to the court dealing with this and to LTSB's solicitors? I take it that would be us playing the old scare tactic game for once?