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Lloyds TSB ccj


lafey
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well there is only one page of the t and cs .. and at top of application form you can see where it says pages 1 of 3 ... they have not sent pages 2 or 3 of 3 !!!!

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thats what i was thinking ... it does mention terms and conditions on the following two pages ... they have sent me t and cs they say were in force at time but there is no way they can say they were related to this document in any way

 

Can you post the t & c that they say were in force at the time?

 

It clearly says there are three pages - the other two pages would potentially be part of the document that you signed - if they contained the t & c you'd have problems

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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multi i think...

 

I'd personally allocate it to the fast track - the costs can be greater in the multi track

 

The hearing is not likely to last more than a day and its' not a high value claim - so the Fast track is appropriate

 

Just make sure that you DO NOT allocate to the Small claims track - as you need Disclosure

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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here is the copy of t and cs they sent as being in force at the time .... there is only one page so i dont see how it could be the ones attached to the application form ... it doesnt say 2 of 3 or anything and if it was the original where is page 3 of 3 ????

 

llyods t and cs picture by lafey69 - Photobucket

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here is the copy of t and cs they sent as being in force at the time .... there is only one page so i dont see how it could be the ones attached to the application form ... it doesnt say 2 of 3 or anything and if it was the original where is page 3 of 3 ????

 

llyods t and cs picture by lafey69 - Photobucket

 

I think that what they've posted are the current terms and conditions - the reason I say that is that if you look at the term on account charges - it sounds very modern - very post April 2006 OFT investigation.

 

We need to draft an amended defence - unfortunately I don't have the time at the moment - I've got to finish two assignments for my uni course and I'm not gonna have time until the 26th of May.

 

Can I suggest that you allocate to the fast track - and that if I haven't done an amended defence by the 26th that you pm me unless somebody else can do it first

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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i not sure it can be post 2006 because it says tsb not lloyds tsb ... but there is no way they can be the ones mentioned in the application form as there are not enough pages !!! ill try and get the AQ done that doesnt have to be in till 27th may so will give us time hopefully ... i dont have to put defence in with AQ do i ?? your need to give your assignments your full attention so i will file AQ as best i can ( with maybe some help from others !!! ) and then can work on defence after .. thanks for your help ... you and babybear helping to make sense of this !!!

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i not sure it can be post 2006 because it says tsb not lloyds tsb ... but there is no way they can be the ones mentioned in the application form as there are not enough pages !!! ill try and get the AQ done that doesnt have to be in till 27th may so will give us time hopefully ... i dont have to put defence in with AQ do i ?? your need to give your assignments your full attention so i will file AQ as best i can ( with maybe some help from others !!! ) and then can work on defence after .. thanks for your help ... you and babybear helping to make sense of this !!!

 

The important thing on the AQ is to allocate to the fast track - if you have a look at the form and if you've got any queries just ask

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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ok ... just have 3 sections of the AQ that i am not sure what best to put .

 

A) settlement .... should i say i am willing to mediate or not ... will it look bad if i dont ???

 

c) pre action protocol ... does this apply in this case

 

f) directions ... have received all the documents i think i am likely to .... should i ask for any directions ????

 

thanks

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You can mediate - it won't do any harm to agree

 

pre-action protocol - N/A

 

I'd ask for the standard directions on disclosure and inspection - just put standard fast track directions are sought

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I'd personally allocate it to the fast track - the costs can be greater in the multi track

 

The hearing is not likely to last more than a day and its' not a high value claim - so the Fast track is appropriate

 

Just make sure that you DO NOT allocate to the Small claims track - as you need Disclosure

Hmm, as a LIP, i think the judge would most likely be minded to give disclosure in any event so,id see if the other side will consent to SCT allocation

 

that way you are protected on costs

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