sharman24 v lloyds ***WON***

[GuidoT]

If you do not have the sum you are prepared to accept in cleared funds, then turn up at the hearing and explain the position to the judge.

[GaryH]

hi gary, as you may of read in my last posts on lloyds, i'm in court monday, still have not received any payment from them even though they have sent letter dated 3rd feb say they would credit account within 3 working days. SCm have applied for a stay on the hearing monday, but i have no notice from court, i'm at work in early hours of monday morning, and will be leaving to go straight to court for 11.30am, so even if post does arrive in morning which it normaly doesn't, i will not know if any payment has gone in or if court have stayed the hearing, so i have no choice but to go to court.

can i claim for costs, for attending the court, if so how and when and to who,

 

Yes, you can.

 

Request your travelling expenses to and from the hearing under CPR 27.14(3)(b), and loss of earnings caused by attendance at the hearing under 27.14(3)©. It would be better if you had receipts or other breakdowns of your loss incurred by attending the hearing. Don't go mad - you don't want to risk being seen as unreasonable, plus there is a limit to what can be awarded anyway.

 

Also, take a list of all the Lloyds settled case's, a copy of the Lincoln 'abuse' order, copies of all correspondance between you and Lloyds (except WP marked obviously) and a breakdown of your costs/expenses in preparing your case (bundle, etc) at £9.25p/h. Try to particularise everything as accurately as you can, and include receipts where possible.

 

Respectfully point out that the defendent has had months and months to offer and and arrange a settlement if it had wished, but choose to ignore or rubut all your attempts at meaningful dialogue. Don't directly accuse them of anything obviously, just state some facts - regarding the pattern of settled cases generally as well as in your own claim - and let the judge draw his own conclusions. See if you can get the preparation costs awarded on the grounds of the defendant's abusive and 'unreasonable behavior' citing CPR 27.14 (2)(g).

 

Let us know how you get on.

[sharman24]

THEY PAID UP, **********

 

ended up going to court sat with judge and he told me they had settled, no i said i Just checked bank and nothing in, he said they have asked for 7 days grace, for payment to go in, he was happy with that, but said if no payment in 7 days come back to him. if payed, then if no further letter from me or lloyds after 28 days he will treat case as closed.

 

THANKS TO ALL HOW HAVE HELPED ME IN THE CAUSE, THANKS GARY H FOR ALL THE INFO, HELP AND SUPPORT.

WILL BE MAKING THE DONATION

[midge61]

Hi Sharman

Well done. Can't believe that you had to go through all this when I started at about same time as you and they settled at A&Q stage with me. Well at least you now have success. Enjoy!

Midge

[BARTY]

Congratulations!! :D

Barty:)

[GaryH]

Excellent, well done Sharman - congratulations!!!

 

Did you request any costs in the end?

 

I'll get your thread moved to successes and changed to **WON**.

[MARTIN3030]

Excellent, well done Sharman - congratulations!!!

 

Did you request any costs in the end?

 

I'll get your thread moved to successes and changed to **WON**.

 

DONE:D

[sharman24]

no did not request costs, was happy for the full payment.

will sort out donation this week, been so busy

regards