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Lowell/carter claimform - old LLOyds OD 'debt'


RhYnoECfnW
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Was told at the end that they'd write to the claimant with the results of today (as they didn't attend) and that it'll be up to them what to do next. Judge had the cheek to ask if I had that amount stashed away somewhere.

 

The Court will send you Notice of Judgment and payment details ( whether its a forthwith or monthly) if its a forthwith then you use the form I have advised above.

 

" Judge had the cheek to ask if I had that amount stashed away somewhere."

 

Hence my post...just shows how out of touch they are with reality..pity you didn't respond saying hang on ill check my pocket ?????:roll:

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Hehe yeah should have said something along those lines

, but I was so angry and upset by this point and the Judge left the room so quickly as if I'd already taken up too much of his time.

 

Been paying back other debts which I haven't got a problem with as they were debts I created, but this is the one I'd been dreading as it has always felt so unfair

 

. Especially when, back in 2007ish, everyone seemed to be getting their bank charges refunded and Lloyds always refused to budge on mine. £215 a month for going £17 overdrawn for a week or so!

 

How is this fair!?

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Lost. Judge said the defence had no legal basis and that bank charges were not subject to assessments of fairness as 'a court already decided they were fair years ago'. Also criticised me for getting legal advice from 'unknown people on the internet'. Need to find £3000 now. Thanks anyway.

 

well, despite that case 'years ago',

there was that foster -burnell cty court reported case since which was won re o/d charges/fairness in their circumstances.

dont know whether it has been appealed. so, maybe not quite without legal basis atm.

 

where are consumers to go for help when legal aid barely exists anymore!

and they didnt even turn up!

 

 

seems is still a case of the 'haves' v the ' have nots'. maybe the J dropped the soap :)

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  • 2 weeks later...
  • 3 weeks later...

Dont worry about it....let them take as long as they wish....unless your in a hurry to start payment? :-)

We could do with some help from you.

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Really hate all this waiting around. Is there any sort of time limit for something to happen next? I've heard nothing, and I hate having it hanging over me. It's been almost five weeks!

are you waiting for the judgment from the court.

what about possibly appealing, any thoughts on that?

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Ok, so today I received a 'General Form of Judgment or Order' from the Court. It says:

 

Upon reading a letter from the Claimant and the Defendant in person

 

IT IS ORDERED THAT

 

Judgement for the Claimant £2782.94 payable by 4pm on 31 December 2015

 

Dated 11 December 2015

 

 

 

However, the letter is dated 20th January 2016. Does this mean I've missed the date to pay this back? (Not that I would have had that amount of money by that date anyway!) What does it mean? Who should I contact with an offer of payment?

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Is it a forthwith Judgment or does it allow monthly payments RhYnoECfnW ?

 

Regards

 

Andy

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Well it either says pay £ XXXXXXXX by the date xxxxxxxx or it states pay £100 per month starting from xxxxxxx and thereafter per month?

 

Forget about the dates of the letters for now

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Excellent ...okay so now you have to submit application to vary it to monthly payment.

 

Follow the link to the N245 there is a fee of £50 to submit this unless you are exempt from payments.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Sept-2015**

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Ok thanks. Do I need to tick both the "suspension of the warrant" and "a reduction in the instalment order" boxes? Also, I'm not sure what benefits to include in the income section? The whole thing is complicated by the fact that our income will change very soon (on maternity leave, but our tax credits and child benefit payments will change once the baby is born in the next week or so).

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Ok thanks. Do I need to tick both the "suspension of the warrant" No and "a reduction in the instalment order" boxes? Yes Also, I'm not sure what benefits to include in the income section? The whole thing is complicated by the fact that our income will change very soon (on maternity leave, but our tax credits and child benefit payments will change once the baby is born in the next week or so).

 

Just present a average but true reflection of your incomes and make a realistic affordable monthly offer of payment.

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Just submit the form to your local County Court ...you pay by card at the court.

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Give you court a ring they make take payment by telephone.

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  • 1 month later...

Just state that you have submitted the application and the court are currently processing it.

 

Andy

We could do with some help from you.

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