Lloyds claim - **WON _ Amazing win based on UTCCR's**

[Guest]

don't know about the rest, but re claiming interest see cpr 16.4 (2) re cpr compliance re interest.

[orfoster]

don't know about the rest, but re claiming interest see cpr 16.4 (2) re cpr compliance re interest.

 

Thanks. The bit re interest now reads;

9. And the claimant claims £1,123 compensation for actual loss The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 1 October 2007 to 5 August 2013 on £1,123.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 31 pence. Total £1482.81

[citizenB]

Sheesh, those penalty charges are quite high aren't they ?

[citizenB]

orfoster, I have asked andyorch to catch up from post # 57 - I don't think he is online at the moment.

[orfoster]

Yeah they're quite high which is why I'm arguing they're unfair, they really did cause me to get into difficulty and fall behind on other debts.

 

Thanks for asking Andy to look in. I didnt mention s150 in the original POCs but I think I need to make reference to 138D.

 

I have a couple of days to send them off anyway if I'm going to

[AndyOrch]

I think I would re phrase it as damages rather than compensation...otherwise the calculation and format is correct.

 

Regards

 

Andy

[orfoster]

Thanks.

 

Letter received from the court today re SCM acting however, they have sent a letter to the court saying "We have enclosed our clients Allocation Questionnaire for processing........." with the reference of someone elses claim. They sent this before they filed the defence, in fact the letter was dated 30 July (a week before I even issued the claim) LOL!!!!

 

Just to clarify I don't have to submit an allocation questionnaire at this stage? I'm pretty sure I'm right but these solicitors aren't exactly clear either it would seem!

[orfoster]

My reply to them;

 

Thank you for your letter dated 16 August 2013.

 

I enclose my detailed Particulars of Claim in this matter.

 

A copy of these detailed Particulars have been sent to the court to be added to the file.

 

I note that a letter was sent to the court dated 30 July 2013 with reference ANOTHER PERSONS FULL NAME/Charges – this is clearly not relating to the matter in question and is clearly a Data Protection breach as it names an individual.

 

I further note your comments within your letter dated 16 August 2013 that the charges relating to this matter are indeed “penalty charges”.

 

While I note that you do not have your clients instructions to settle this claim I remain willing to settle this matter.

 

I believe that I have grounds to bring a claim against your client in this matter and therefore will not agree to withdraw this action.

[Ocelot0411]

Allocation questionaire will be sent to you by the court now that they have the defence. These solicitors are a menance!!

[orfoster]

Allocation questionaire will be sent to you by the court now that they have the defence. These solicitors are a menance!!

 

Is it worth me asking the court to destroy the letter and that the defendant resubmit as it is a)dated incorrectly before my action commenced and b) that it names an individual to which this matter doesn't relate and is therefore a Data Protection breach?

 

Bit meaningless really but kind of do want it noted...

[Ocelot0411]

I wouldn't bother. its a waste of time and the court won't consider it when it comes to your claim. It will just look petty in my opinion. Remain professional at all times, tempting though it is

[citizenB]

Allocation questionaire will be sent to you by the court now that they have the defence. These solicitors are a menance!!

 

Oh they are indeed !

[AndyOrch]

They have not submitted a defence yet...you have not submitted a claim (I assume..you was still finalising it 2 days ago)......they have 33 days to respond and its your decision as to continue..subject to their defence and then you inform the court to release AQ,s (DQ,s)

[Ocelot0411]

Sorry I thought the claim had been submitted but you just hadn't sent the detailed particulars of claim? Didn't you submit the claim through MCOL and then say that POC would follow?

[Ocelot0411]

Also I have never had to ask the court to release an Allocation Questionnarie? Ever. Where does that come from?

[Ocelot0411]

Its CPR 26.3 - court sends out allocation questionnaire upon defence being filed, so it does come out automatically.

[AndyOrch]

Also I have never had to ask the court to release an Allocation Questionnarie? Ever. Where does that come from?

 

Its CPR 26.3 - court sends out allocation questionnaire upon defence being filed, so it does come out automatically.

 

But only when the claimant signifies they wish to respond and continue...once a defence is submitted it is forwarded to the claimant the court sends out notice to the defendant that their defence has been forwarded and the claimant has 28 days to respond if he fails to respond the claim will be stayed.

Hence all the stayed claims that I deal with daily.

[Ocelot0411]

I am not trying to pick an argument andyorch I am just trying to ensure that the OP gets the information he needs.

 

At the end of the day orFoster any thing you need to know about the court process and what will happen next is in the CPR which you can look at yourself on the Justice website and then you dont have to convcer n yourself with any conflicting opinions.

 

Read 26.3 to 26.6 its all there in black and white.

Edited August 21, 2013 by Ocelot0411

[orfoster]

Sorry I thought the claim had been submitted but you just hadn't sent the detailed particulars of claim? Didn't you submit the claim through MCOL and then say that POC would follow?

 

Yes that's the case, they've already sent their defence. Detailed POCs sent yesterday to SCM solicitors recorded but not yet signed for, on searching the issue apparently they routinely don't sign for items....

 

Question is now they have my POCs can they submit another defence? Or is it the case that their submitted defence is just that.

[Guest]

Question is now they have my POCs can they submit another defence? Or is it the

case that their submitted defence is just that.

 

 

am not familiar with the whole thread so excuse if wide, but usually an amendment to a statement of case after service requires parties agreement, or court permission. see cpr part 17 etc. but, seeing as you said particulars would follow that may affect things? eg, they may well be given permission to amend if required despite them submitting 'early', if not agreed? see what they come back with? and, i think there maybe a time stipulation for sending partics of claim re 'to follow' (practice direction 7E para 6)? have you filed a cert of service?

Edited August 21, 2013 by Ford

[orfoster]

am not familiar with the whole thread so excuse if wide, but usually an amendment to a statement of case after service requires parties agreement, or court permission. see cpr part 17 etc. but, seeing as you said particulars would follow that may affect things? eg, they may well be given permission to amend if required despite them submitting 'early', if not agreed? see what they come back with? and, i think there maybe a time stipulation for sending partics of claim re 'to follow' (practice direction 7E para 6)? have you filed a cert of service?

 

Hello Ford,

I served the detailed POC's within the required amount of time, they were sent recorded delivery a couple of days ago although weren't delivered yesterday. I e-mailed a copy of the POC's to MCOL.

 

I haven't filed proof of service, I didn't know I had to, I thought only if they said they hadn't received them or if I was applying for judgement in default.

[orfoster]

I have received a DQ from the court today.

[citizenB]

Yes that's the case, they've already sent their defence. Detailed POCs sent yesterday to SCM solicitors recorded but not yet signed for, on searching the issue apparently they routinely don't sign for items....

 

Question is now they have my POCs can they submit another defence? Or is it the case that their submitted defence is just that.

 

 

It is my understanding that the Claimant has to indicate they wish to continue with the claim (pretty much as andyorch has suggested in an earlier post).

 

LTSB do indeed routinely not sign for documents. Even when they do sign for them, they still insist they didn't receive them until proof of service / signature has been provided.

 

I am not sure whether rebuttal statements can be submitted - or whether it is required that application has to be made in order to make amendments.

[orfoster]

It is my understanding that the Claimant has to indicate they wish to continue with the claim (pretty much as andyorch has suggested in an earlier post).

 

LTSB do indeed routinely not sign for documents. Even when they do sign for them, they still insist they didn't receive them until proof of service / signature has been provided.

 

I am not sure whether rebuttal statements can be submitted - or whether it is required that application has to be made in order to make amendments.

 

Ok thanks, well because I've now received the DQ from the court I assume that they either do believe I wish to continue or that on getting the DQ back they will take it I want to continue with it.

 

I have my proof of posting through my recorded delivery receipt anyway so if they want to play that game they can.

[Ocelot0411]

Forgive me for being utterly thick here but how can they not sign for something sent by Recorded Delivery! I have never heard that before. How can you refuse to sign for something that is sent recorded dleivery? That's outrageous and from a bank too? What the hell is the point in recorded delivery if the postman will let someone have it with out a signature? Or do you have to assume its not get there? stupid question to follow but do you have an email address to sent it to? I am guessing not or I am sure you would have done that.

 

I am rarely speechless but on this occasion I will confess I am.