Vicky vs Lloyds

[reload]

lol - good stuff Vicky. It's mostly just a waiting game now (IE: Waiting for settlement!) but you may want to spend a bit of time researching the arguments etc and preparing your case.

 

Take it easy first though, neck a few G&Ts

[closey]

Oh Vicky, what a nightmare day! But as reload said, it's a waiting game now, so sit back and chill out, and spend time reading the Lloyds TSB forum.

[vckyjam]

Hehe thanks reload and closey! Ive been quite laid back about it till now. (well im ok now)

 

Im all ready and set to go now! cant believe they almost owe me 4 lovely grand! They are so silly not to pay up at the start, but then again money means nothing to them.

 

Keep u all posted.

 

Thanks

 

Vic xx

[steve1145]

Not trying to put dampen your enthusiasm Vic, sit back, buy yourself a good long book and prepare to wait ....... and then wait some more ......... and guess what, wait some more .................

 

This is the boring bit!

[Nasha]

Top work Vicky, your commitment to the cause after a nightmare day, in which you lost your purse, speaks volumes for you.

 

Keep us posted

[vckyjam]

Thanks guys- Yeah i know its one big fat waiting game.....im hanging in there hopefully might be in time for exmas lol

[adamski]

Hi Vicky

We are at the same stage, have you had Lloyds AQ back yet?

i received mine today from Sechari clark & Mitchell they have asked me to phone and let them know tomorrow if i have received it which i will do.

Regards

adamski

[vckyjam]

Hi Vicky

We are at the same stage, have you had Lloyds AQ back yet?

i received mine today from Sechari clark & Mitchell they have asked me to phone and let them know tomorrow if i have received it which i will do.

Regards

adamski

 

 

Hi Adamski- i got mine last week- I phoned them to tell them i received my aq and also to ask why they wanted an extra month when i've already given them 2 or 3 months. The nice girl who answerd my call said they were waiting to hear from their client to see if they want to settle!!!!!!!

 

Hmmmm, so not holding my breath that anything is gonna happen this month( or next)

 

Have not heard from the courts- so i am waiting for a date!

Did they ask for an extra month on your aq?

 

 

Vicky x

[adamski]

Yes they asked for the extra month, and said they were not available for the month of october, which i think is pretty standard.

We wait together!!

Regards

adamski x

[vckyjam]

Court allowed a "stay" on my case they have till the 19th of november to try and settle (well thats what it said in the letter) maybe after this i will get a court date or something.

 

Yet again more waiting grrrrr

[sagaloo]

Check out my thread - my stay has been and gone. I wouldn't hold your breath as they are using just as a delaying tactic. However, I would send a letter into SCM inviting them to enter into settlement discussions and setting out your position (see template section) and then phone them every few days to see if they have received their clients instructions (the chances are they will not have received any instructions but at least it looks as though you are on their case) and then as it gets closer to deadline send a letter to the court manager explaining the steps you have taken to enter into sincere dialogue to settle but that you believe Lloyds are abusing process - ask for letter to be brought to the attention of the District Judge and copy it to SCM.

[vckyjam]

Thanks for that sagaloo- Im still waiting and havent heard a thing, getting very boring. GRRRR

[vckyjam]

Very tempted to call them up. But prob just pointless

[vckyjam]

Today i this in the post

 

"General form of judgment or order" it says that; "it is odered that the claimant do file a written request by the 13th dec 2006 in order that the district judge proceeds to give allocation/case management directions failing which the action be struck out"

 

Not sure what this is! and what kind of letter do i have to write- (something alongs the linns of "yes i want to continue with this case"

 

Any help would be great

 

Vic

[GaryH]

Send something like this -

 

 

YOU v LLOYDS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

Dear sir/madam,

 

Pursuant to the order made by District Judge ***** on **/**/**, I, the claimant, hereby confirm that no settlement has been reached with regard to the claim as detailed above, and as such I respectfully request that it proceed to allocation in accordance with the overriding objective.

 

Dispite the Defendant making a request for the stay by indicating an intention to negotiate a settlement on their allocation questionnaire, with regret I must inform the court that the Defendant has attempted no contact with regard to this claim whatsoever. Further, I contacted the defendant by way of a letter (telephone call) on **/**/**, which was not afforded the courtosy of a response (when they told me...............).

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as follows, with document exchange taking place 28 days after the issueing of the order. It is suggested an early date for exchange of documents may facilitate a prompt resolution to this litigation.

 

l.The claim is allocated to the small claims track.

 

2.The claimant shall by [date] file and serve:

 

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

 

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 [date] file and serve a response to the claimant's schedule,staiiikg 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 and if not, why not;

 

c)if such charge is alleged to be a pre-estimate of the defendant's loss incurred by the claimant's actions(whether or not such action is to be treated as a breach of the contract between the parties),all facts and matters intended 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.Decided cases and other legal materials should not be filed,but served by [date]

 

5.Each party shall file and serve by [date] a copy of all documents upon which they wish to rely.Each party shall be entitled to inspect such documents by [date].

 

6.The hearing of the case will take place on [date] allowing 2 hours at the ***** county court, street, town, postcode.

 

Yours faithfully,

 

Address it to the court manager, and send a copy to Lloyds sols as well - could just prompt them to settle with a bit of luck!

[vckyjam]

2.The claimant shall by [date] file and serve:

3.The defendant shall by [date] file and serve a response to the claimant's schedule,staiiikg in respect of each item claimed:

.Decided cases and other legal materials should not be filed,but served by [date]

 

5.Each party shall file and serve by [date] a copy of all documents upon which they wish to rely.Each party shall be entitled to inspect such documents by [date].

 

 

6.The hearing of the case will take place on [date] allowing 2 hours at the ***** county court, street, town, postcode.

Sorry to sound stupid but what dates do i put in here?

vicky

 

[GaryH]

None. Thats for the judge to finalise if he agree's to those directions. Fill in the address of the court though.

 

If the judge does order those directions, you'll have to provide your evidance within 14 days of receiving the order. This will include everything in the court bundle, and heres my statement of evidance I submitted - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

[vckyjam]

Thanks Gary- have sent the letter- thanks for the advice and i will keep you posted.

 

Vickyx

[vckyjam]

Took a while but i recieved my court date which is the 13th march!

 

Just one more question! - since my claim was filed in july i got heaps more chargies! can i claim this back- or do i have to start the whole process again? as its a fair bit

 

Thanks vicky

[GuidoT]

Unfortunately you will have to start again, you cannot add those charges to your original claim.

 

When you eventually get around to settling your claim you can attempt to include these recently incurred charges, but I would not as it may muddy the waters with your original claim.

 

Stay with it, it will be worth it in the end.

[GaryH]

Hi Vicky,

 

What directions did the judge order? Did he order what you proposed in the letter I gave you above?

[vckyjam]

Hi Vicky,

 

What directions did the judge order? Did he order what you proposed in the letter I gave you above?

 

I was just about to reply to you Gary- when the post man came!!!

 

And Guess what???

 

THEY HAVE MADE ME AN OFFER! PLUS all the bank charges back since i made the claim!!!!

 

So it just goes to show, that if you stick with it, and not back down- you will get there in the end!

 

Gary- I thank you for all your fab advice! and when i get my money (hope it doesnt take to long) then i will be donating to this site. Because without it i would have never in a million years thought i could claim back the money they took off me in such an unlawful way!

 

Vicky

[GuidoT]

They just seem to be settling earlier these days. Congratulations Vicky, I am pleased for you.

[BARTY]

Congratulations!!! :D

Barty:)

[GaryH]

Excellent, well done!

 

Just out of interest though, did the judge order those directions, or have you not heard anything yet?