sharman24 v lloyds ***WON***

[sharman24]

got new post today from the court, as follows

IT IS ORDERED THAT

1.the action be stayed until december 31st 2006 or until further order on the basis that a test case is likely to be heard before the higher court within the next few months or so the result of which is likely to reduce the need and/or amount of litigation in these types of cases.

 

2. the stay will also aford the parties an opportunity to try and settle the matter without a court hearing. the parties should notify the court immediately if the claim has been settled and provide a draft of any order the parties wish to invite the court to make.

 

3. liberty to apply to remove the stay.

 

4. this order was made on the notice suppoeted by the evidence attached. notice of the application was not given to you. you have seven days from the date of the service of this order to apply to the court underpart 23.10 to set asideor vary this order

 

so thats what i had today, i need some advice on what my next step should be, can i apply for stay to be removed

[livelylad]

got new post today from the court, as follows

 

 

so thats what i had today, i need some advice on what my next step should be, can i apply for stay to be removed

 

Read this link it will help.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

[sharman24]

what about part A and B draft order of which is attached?, what draft order? or is the bit i put in part C, and any rule or statutory provision!

ref top left , of n244, No 5 level of judge what goes here and part 6 parties to be served, is this lloyds?

 

thanks

[midge61]

Hi Sharman

That's a bummer! I'm just filling in my Allocation Questionairre for Taunton and was hoping that it was quiet there and there would't be any of these problems there. Still hopefully if you use Bankfodders letter you can have the stay lifted.

I did get a letter included with my defence about using the mediation service but i'm turning this down as they have had 8 months already!

Good luck

[sharman24]

hi midge61

yeah i know what you mean, you say 8 months already, thats dreadful isn't it, these banks are just abusing the justice system.

well tonite, after many hours, i have filled in my application notice to try and have the stay removed, wasn't sure about what i should put in parts of the form, pm'd a few people, but nothing back yet, trouble is i need to get it out monday as the letter has been sat next door for 2 days !!!

so i just hope i've got it right.

the other one is citi, they have transfered mine to salford, but again i need to fill in the application form n244, but this time for getting case back to taunton. still have not had replies yet from and mods, need to soon as its been a week and a half since a got the transfer.

keep up the pressure, anyway, pm me if need any info, we sem to be near the same stage, pm me for tel number if you need chat.

regards

Please Note

Advice & opinions of sharman24 are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have

[midge61]

Hi sharman

Thanks for that. I saw a posting by Breadline earlier saying that their case has been stayed till 10th Dec because of cases being heard by judge Havelock-Allen @ Bristol so wonder if this is what they are waiting on.

[sharman24]

hi midge61,

you maybe right with that thought, funny as my case has been stayed until 31st dec or until such time court ruling is made, the thing is, they know that at the end of it all, they will still pay up !!!!

 

 

 

[midge61]

Morning

Well my AQ got to be in by 13th Nov then SCM will ask for a month so that takes me up to 13th Dec anyway.Just really really hope somehow they pay out before Xmas (tho i doubt it). Mind you reading your order it looks like SCM put something in to the Judge. Bet they been looking on here and seeing how many other cases being referred and thoiught they would push their luck!

[midge61]

Hi Sharman

Any news on your stay yet? I have handed my AQ in today so will wait to see what I get back.

[sharman24]

i've sent n244 to court, and given plenty of reason for my stay to be lifted, lloyds have had over 200 hundred cases and yet have not defended one of them, they are just using the justice system to stall the pay up.

in the end they will pay, and i made strong reference to this to the judge.

[midge61]

Hi

Good for you hope it works

[sharman24]

had letter in reply to my request for stay to be lifted.

seems like courts are waiting for an outcome in higher court.

my case has now been set for a hearing on 12th feb 2007 was originally for 31st dec 2006.

 

will be interesting watching tonights money programme on the findings of actual costs to the bank for the charges.

[sharman24]

thought the money programme was very interesting, certainly raise the profile of banks unlawful charging system, and their inability to give even a ball part figure of costs.

 

well done to those who participated in the programme.

are any of them here on this web site?

[sharman24]

lastest is, got 2 cases on same day within half hour of each other, so have sent letter off to court asking for one or the other to have its time or day changed, have not heard anything yet. starting to prepare my bundle for the court, any advice on what needs to be included in ref to Lloyds would be appreciated:o

[sharman24]

got reply from court, have a 30 minute hearing on 12 feb 2007.

just in the throws of preparing bundle, need some help in drafting my reply to their defence, got all other stuff as doing a citi bundle as well, found 2 template letters from garyh, but these indicate use only if judge has made order??

and also ref to direction C ?? these replies seem to be to allocation questionaires . some help reqiured on this please, my defence from lloyds has been worded as 'service charges', getting a little stressed as lot to do !!!!

 

[GaryH]

hi, i have hearing with lloyds at taunton county court 12th feb 2007 for 30 minutes, i am getting bundle together but, unsure about drafting response letter to their defence letter, i have looked at the 2 letters on the site by yourself , 1 for service charge and 1 for pre-estimate cost defence, mine seems to be service charge they are quoting, e-mail enron as i know he has done his but wondering if you could throw a little advice my way for this

Hi Sharman,

 

When does your bundle have to be submitted? Take note of the date and make sure it gets to the court and SC&M by the date specified.

 

You don't need a specific reply to defence. You need to complile your evidence as to why the charges are a penalty and as such unlawful.

 

With regards to your evidence, you need everything from the Basic Court Bundle from the templates library, all correspondence between you and Lloyds, your statements or account information, a schedule, a transcript of the interview with Peter McNamara BBC radio -Sept 2004- sound file & transc. Add the 'service charge' statement of evidence, which is linked in my sig.

It is a lot of paper, but you do need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).

 

It would also be helpful if you could post up the exact wording of the order from the court, just to make sure there is'nt anything else you need.

[sharman24]

hi gary thanks for the info, my docs must be at the court by 29th jan 2007. i have a 30 min hearing.

the order says,

each party shall deliver to every other party and to the court office copies of all documents(including any experts report) on which he intends to rely at the hearing no later than 29th jan 2007.

 

i have all the other stuff as i am doing citi as well i have case with them on same day.

the service charge statment, is the one i thought would be used, i will copy that and amend out blue and black lettering as necessary

 

thanks again

[GaryH]

Ok, those are the standard directions so thats everything you'll need.

[sharman24]

ok all has been posted 19th jan so i'll wait and see if lloyds do actually send a bundle to me, i read in some posts they just haven't bothered.

[GaryH]

They haven't in any claim so far. If/when they default, see the sticky thread.

[sharman24]

last day for bundle to turn up from lloyds, but nothing in the post. so will be sending off letter to solicitors first thing tomorrow.as per sticky thread.

should i also send copy to court and ask for it to be added to my court bundle ?

[GaryH]

Yep, although not your 'court bundle', just ask that it be added to your case file.

[sharman24]

letter was sent last tues and received and signed for on the weds.

did have an attempt at 4.45pm today to ring but strangely enough voice mail said, our offices close at 5.00pm, maybe staff cant cope with it all !

the thing is, with my case on monday 12th at 11.30am even if i get nothing from them tomorrow or thursday, its very late for me to send letter to court for monday explaining that i have had no correspondence from scm, and no copy of all defense documents at all.

so any suggestions if nothing turns up by thursday this week ?, i really don't want to have to ring them.

[GaryH]

Don't ring them, just send the non-compliance letters from the sticky thread.

[sharman24]

received letter today form SC&M on behalf of Lloyd's

they confirm that their client will be settling the claim by paying the monies into your bank account within the next 3 working days.

 

they go on that this is not to be treated as an act liability.

they also say we trust you shall write to taunton county court to confirm that the claim has been settled.

 

the trouble is, i am assuming they will pay up to todays date all that is owed, i have had nothing as of yet, and to be honest, even if it turns up in bank tomorrow, by the time i have sent letter to court it will be monday anyway, then what happens if the amount they pay is not correct, do i carry on in court, accepting offer as partial payment, its such an abuse of the court system, they knew full well they were never going to go to court but just carried on the charade