My claim is stayed pending...

[RETURNED TO SENDER]

Does the bank get a default against them ?

[dave]

Only if they don't pay.

 

There was a list somewhere of defaults against Barclays - there were lots!

 

I don't suppose it matters to them - don't pay up and get a default - big deal - it's not like they are going to be filling in Credit Card applications any time soon.

[RETURNED TO SENDER]

I have just started my claim with Lloyds TSB through the courts, just wondered how everyone else is doing ?

[HD]

Cred:D

[RETURNED TO SENDER]

I filed on the 20 May and then received a reply from a solicitor acting on behalf of Lloyds TSB who are based in Brighton, they have made a request under part 18 of the civil procedure rules for more information which is.......

 

Each and every individual amount of the charge I am claiming, the dates and how I calculated the sum.

They threaten that if they do not hear from me that they will get my claim struck out.

 

What I would like to know is do I have to reply to them and why they cant ask Lloyds for the information.

 

Has anyone else come accross this situation ?

[alanfromderby]

You should send them what they have asked for, by recorded delivery - and I would advise sending a copy to the court as well.

[kazzaw]

Would a copy of the spreadsheet suffice?

[alanfromderby]

Would a copy of the spreadsheet suffice?

 

Yes. A copy would normally have been attached to the back of the N1 on filing the claim, however, when the claim is made through moneyclaim it would be normal to send the spreadsheet separately.

[BankFodder]

Part 18 does not apply to the small claims track. Therefore you do not have to respond.

 

 

 

I do not know if one can say that they do not know their work or that this is an irregular attempt to browbeat you. I would suggest that you report them to the Law Society. Either way the Law Society would want to know about any firms of solicitors who are not operating at a proper standard. If the matter gets to court I would also point out to the judge that you have had to deal with this kind of tactic as well.

 

 

I suggest that you write to them and asked them to confirm whether part 18 does apply to small claims track matters.

 

It will be very amusing if they write back and tell you -- Yes.

 

It will also be amusing if they write back and apologise for their error.

[BankFodder]

Here is a sales pitch.

 

If you bought yourself a copy of judge Patricia Pearl's book, Small Claims Procedure: a Practical Guide you would stand less chance of being misled by solicitors who themselves appear not to be familiar with the civil procedure rules.

 

Have a look at my review in the Bookstall. You can buy directly from us using the links to the left of the forum or links in the bookstall. I really do wish a lot more people on this forum would use the book. They would feel much better about their litigation and they will be a lot less work for the people who are running this forum.

[sarumane]

I have had the same crap as everyone else. Not even a hint of giving me my cash back. I'm going to court - just hope the forum can help me with it!

 

T

[gillianbbb]

received letter over the bank holiday advising that they are defending the case!!!

Just cleaning the suit off ready to attend court, i knew if i wanted to file, then id probably end up in court, just going to add my details to the forum so it may help others

[RETURNED TO SENDER]

Thanks Bankfodder I will tell you what their reply is as soon as I get it back.

[RETURNED TO SENDER]

I have filed my claim against Lloyds TSB and I have recieved an acknowledgment of service of my claim that has been filed by solicitors acting on behalf of Lloyds TSB.

When do I have to send evidence/documents to the court ?

[kaznelson]

The Defendants will have to now submit a defence, on receipt of that you will both have to complete an Allocation Questionnaire and return it to the Court & possibly another fee.

 

The Judge will then decide a hearing date and instruct you both to send all docs you intend to rely on (usually) 14 days before that date

[RETURNED TO SENDER]

Thanks for that

[RETURNED TO SENDER]

My reply letter went as follows...........................

 

 

Further to your letter dated 24th May 2006

 

You requested information under PART 18 OF THE CIVIL PROCEDURE RULES from me, further information gathered by me states that PART 18 OF THE CIVIL PROCEDURE RULES does not apply to small claims track as you should know, however I am enclosing the information requested to try and clarify the situation.

 

I will also send a copy of this letter and a copy of the letter you sent me to the court.

 

I also sent them info gathered online about the rules, just to rub their noses in it further !

[Spiceskull]

Here is a sales pitch.

 

If you bought yourself a copy of judge Patricia Pearl's book, Small Claims Procedure: a Practical Guide you would stand less chance of being misled by solicitors who themselves appear not to be familiar with the civil procedure rules.

 

Have a look at my review in the Bookstall. You can buy directly from us using the links to the left of the forum or links in the bookstall. I really do wish a lot more people on this forum would use the book. They would feel much better about their litigation and they will be a lot less work for the people who are running this forum.

I must concur - the thought of reading a book about law is enough to put people off. Admittedly, it is not the next bestselling spy thriller, but it is an easy-going book to read, well laid out, and when you need to referene a certain word or topic, the information can be found very quickly...

[Axleuk]

If i might ask, what sort of documents would you be required to send to the court as evidence ?

 

I assume the statements that you received from the DPA request ? If so, would that be enough ?

[RETURNED TO SENDER]

I recently made a claim online through moneyclaim online, the defendants expectedly have defended the claim, what concerns me is the reply from the court stating that no further action can be taken online and the case will be transferred to the appropriate court for continuation, I will be told shortly where the claim has been transferrred to shortly.

Is this normal practice using the moneyclaim online service ?

[callumsgran]

I would've thought so, presumably you're waiting for a court date?

[RETURNED TO SENDER]

Thanks for your reply I have not used this online service before so I am a bit unsure of the way things are done from start to finish.

[barracad]

5 threads merged - please do not start a new thread for each question.

 

Have the bank filed a response? If so, this is the reason you cannot proceed online - there is nothing more to do online, you cannot obtain a default judgement as they have put in a defence - the only way the claim can now proceed is through your local court.

[RETURNED TO SENDER]

Thanks for your reply it's not a bank I am suing that's a separate one , this is against a firm of administrators.

[lancsman]

Just had letter from Lloyds solicitors in Brighton.asking for same as you but no mention of part 18! Sent off for the book bankfodder recommends by t judge.so i can reply correctly small ammount to pay really.going to carry on asking ? in my own bit

 

Nationwide first,Lloyds last but not least.

 

Why are they asking for specific dates and costs they allready have them on computer!D.P.A.!

 

lancsman