didn't send lloyds a copy of court allocation questionnaire!!

[honory]

Thanks for that - looks like another claim then!!

We are way past the MCOL stage and have just been sent a court date - 1st March 2007! Thanks for your help though!

[honory]

Just another question as I've received notification of the court date - 1st March 2007 and need to know when to send everything in.

I have kept all letters they have sent and will make copies although I do not have all the copies of the statements that the charges appear on. Should I request copies again? I feel such a fool to have not kept them but I never really thought it would get this far. Should I sit tight till at least 1st feb and then get the bundle together?? (thanks GaryH for your thread which helped me with what to include in the bundle) Any help is gratefully received.

[Michael Browne]

I do not have all the copies of the statements that the charges appear on. Should I request copies again?

I think you should, after all this is the one piece of evidence that you have had any charges levied.

[GaryH]

The notice of allocation containing the court date should also contain directions. These would typically read something like this;

 

Both parties shall by 14 days before the hearing file and serve copies of all documents on which they intend to rely at the hearing..... etc.

 

Do you have something like this? If so, you need to send it by the date specified at the very latest. If the date is 14 days before the hearing, then you may be best off holding off for a while. You may well get a settlement in the next few weeks. If you don't by say, mid January, then send your bundle in. That said, by sending your bundle now it may just prompt them to settle earlier, so really the choice is yours.

 

Just one teensy little thing - do you think you can keep to one thread from now on please? It makes it much easier for us all to follow. Thanks:)

[whoareya]

I would imagine you will get a settlement soon then, I'm not sure what SCM have defended but if they've opted for a month's stay I'd get onto them and ask what they are doing for a resolution. There is a template letter for this, if you cant find it check out one of GaryH's posts he has some good info in his signature.

 

When you are dealing SCM, tell them you want these other charges back as well - give them a copy of your statements. I'm sure SCM has the sense to pay up than go through the whole process again

[honory]

Thanks for all the responses and first of all sometimes I've replied to the thread (as in this case) but on all the other occasions I've posted I have posted/started a new thread. I was flabbergasted when the threads all appeared lumped under one heading about the court allocation questionnaire which I posted ages ago. Don't know what's going on but aplogise nevertheless.

The letter advising me of the court does say that parties need to respond 14 days before the hearing which is mid February. What is this though about applying for a stay? Can lloyds apply for a stay to stretch things out even past the 1st March? I hope not!!

I've taken on board the note about including the new charge with the old charges and trying to make [problem] see reason on this. Thanks for the advice!

[alanfromderby]

What would you like the title to be?

[whoareya]

Thanks for all the responses and first of all sometimes I've replied to the thread (as in this case) but on all the other occasions I've posted I have posted/started a new thread. I was flabbergasted when the threads all appeared lumped under one heading about the court allocation questionnaire which I posted ages ago. Don't know what's going on but aplogise nevertheless.

The letter advising me of the court does say that parties need to respond 14 days before the hearing which is mid February. What is this though about applying for a stay? Can lloyds apply for a stay to stretch things out even past the 1st March? I hope not!!

I've taken on board the note about including the new charge with the old charges and trying to make [problem] see reason on this. Thanks for the advice!

 

The moderators of the site have compiled all of your posts into one thread. This way it easier to track what is going on and then we see your previous.

 

I notice that I replied a post of yours when you asked if you should add £30 to your schedule of charges because you went 30p overdrawn, had all of your posts been in one place I would've know that you were way past that stage.

 

I have now noticed you are also way past the exchanging of the AQ stage so my previous comment doesn't apply either.

 

As the other guys have said, stick to this thread when updating us of your journey

[honory]

That explains a lot! The title can be honoryv.LLoyds- the long road. It does feel like a long slog at the moment!

[honory]

Hi everyone and a Happy New Year to you all. I have just received a Notification of a Hearing for my husbands account. The judge says in the letter that the hearing is necessary before a final decision about allocation can be made. It is set for 22nd February 2007. What do we have to take to the hearing and is a hearing usual? I hope this is posted on the right thread, apologies if it isn't.

[GaryH]

Hi Honory,

 

Yes don't worry, you're in the right place!

 

So its an allocation hearing then yes? Can you post up the order please?

[honory]

Hi Gary H and thanks for your help by the way!

The letter received for my husband is entitled a 'Notice of Allocation or Listing Hearing'.

It states that the 'District Judge Chapman has considered the statements of case and allocation questionnaires submitted in this claim and has decided that a hearing is necessary before the final decision about allocation can be made.'

My husband is ordered to attend on the 22nd February at 11.15am.

 

Both my husband and I have claims against LLoyds but my claim was not subject to a hearing as it is being dealt with at a different court (Walsall as opposed to Tamworth). I have had a notice of Small claim sent to me and I am preparing to send the court bundle in soon (my court date is set for March 1st). Hope all this helps you all help me in finding out what to do next!

[honory]

Hi again and at the risk of asking too many questions could you help me with another problem? I have looked in the FAQ and couldn't find a response - as you will have read in my thread earlier i have just been charged £30 for being 0.33p OD and want to claim this back. My husband has also been charged and we want to combine the claims so that we have to fill everything out just once - can we do this and how???

[GaryH]

Its very likely that Lloyds will pay beforehand, but should they not, your husband will need to go to the allocation hearing as advised by the order.

 

He won't need the 'court bundle' as it is not the final hearing. The two main objectives will be -

 

a) get allocation to the small claims track. Heres a post by Zoot which explains the arguements he'll need to present - http://www.consumeractiongroup.co.uk/forum/barclays-bank/35043-ade-steph-jack-barclays-2.html#post436020

 

b) request an order for specific directions. Take a copy of this draft order along and propose it to the judge - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post441556

 

Remember, its only an allocation hearing. Nothing can be won or lost on that day, the worst that could happen is allocation to the fast track, which is very unlikely anyway. There is no pressure on so its nothing to worry about at all.

 

How are you getting on with the court bundle for your claim?

[honory]

Thanks Gary, that's really helpful. Let's hope they do settle beforehand.

 

With regard to my court bundle I haven't sent anything off yet but I have copies of all the letters and nearly all the statements. I have unfortunately got rid of some of the statements so have applied for replacement copies. Probably too late but they only relate to approximately four charges.

 

On the other point, does anyone know how we go about combining both my husband's and my own claim into a single claim to save the hassle of concurrent claims? Thanks for all your help once again.

[Michael Browne]

On the other point, does anyone know how we go about combining both my husband's and my own claim into a single claim to save the hassle of concurrent claims

The time to have done this was before you filed a claim. I may be wrong, but I would think the only way you could do this now is to withdraw both claims (losing both court fees) and refiling a single claim. Not really a good idea.

[honory]

Hi all and apologies for being a little unclear in my last post. What I wanted to know was how to link two new claims together - one for £30 with my single lloyds account and one for £30 with my husband's single account. These charges were incurred in December 2006 and we have had the money deducted out of our accounts at the beginning of this month. Do we send two separate letters before action and consolidate the claim at the MCOL stage? A step by step guide would help as I've checked the FAQs and can't find any advice. Thanks so much!

[GaryH]

Hi Honory,

 

You can consolidate them from the outset, I'd have thought. Just quote both account numbers on your prelim and LBA.

[honory]

Thanks for that advice Gary, I have drafted our prelim. letter but don't know whether to send it until our other claims are settled one way or another. The preliminary letter template does say that we are claiming after it has come to our notice that the charges they levy are unlawful - which is not strictly true as we have known they are unlawful for some time! Plus these charges that we are asking to be given back, are on the same accounts that our original claims were for - I wonder, will they get confused?? Please help as I am desperate to send this letter off!

[GaryH]

In that case I would wait untill this claim is settled before you pursue another lot of charges for the same account. You're not supposed to file multiple claims at the same time if they concern the same account. There is nothing stopping you sending the prelim and LBA though - just wait till this claims concluded before you file the next one.

[honory]

Thanks again Gary. For clarification do you mean send the prelim and letter before action but hold fire on the MCOL until our other claims have been settled? Sorry if I'm being obtuse but just want to get this right!

[GaryH]

Yep, thats correct. Theres nothing stopping you issueing your prelim then LBA now, but wait untill this claims settled before filing another court claim.

[honory]

Well I didn't think the day would ever come but this post is just to tell you all that at close of business on Friday 19th January Lloyds settled both claims with the exact amounts plus the interest and court charges. We're over the moon and have already taken the money out and put it into a savings account with another bank. The next thing to do is to make a donation - we couldn't have done any of it without you all,

 

Thanks a million!

 

Of course we have another claim for £120 just starting off but after that we're closing our accounts with Lloyds (not because we think it will be any different with any other bank) as the whole experience has been so bloody stressful I don't think that I could go inside my branch ever again!

The very best of luck to everyone out there whatever stage your claim is at - keep going however hard you feel it might be at times - it is worth it!

[GaryH]

CONGRATULATIONS!!!

Fantastic news - very well done!

 

Bet your glad you persevered now! Enjoy the money.

[BARTY]

Congratulations!! :D

Barty:)