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AQ Recieved today. I have a few questions


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Hi Everyone,

 

After being inspired and encouraged by the other cases on this site I decided to claim some money back from Lloyds TSB (£737.09).

 

I filed my claim on line with moneyclaim on 31st July (after following this websites step by step instructions re: First approach and LBA etc) and it was deemed served on 6th August so I have just applied for judgement ( at about 8.30 this morning) as Lloyds failed to respond to my claim.

 

I am keeping my fingers crossed as i believe Lloyds still have until 4pm today to an issue a defence ( correct me if i'm wrong).

 

Has anybody else had this experience where lloyds failed to respond:?: I have had a look at most of the threads but couldn't find anything to suggest so.

 

Also, do i just sit tight and wait for a payment now or do you think i may need to apply for a warrant of execution:?:

 

Any help or advice is much appreciated:oops:

 

I started the process at the end of June and I am expecting to fall down now as it can't be this straightforward surely!!! But still, fingers crossed;)

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I'm surprised by lloyds didn't submit a defence by the close of business yesterday.

 

 

do i just sit tight and wait for my cheque or do you think i will need to ask for a warrant?

 

has anybody had the same experience??

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Hi Louise,

 

It's unusual for Lloyds not to have acknowledged your claim. This would have given them an extra 14 days to file a defence (delay and obfuscation being their normal tactics, in the hope you will get fed up and go away!)

 

Perhaps they're starting to slip up.

 

Wait and see if your request for judgement is validated by the court, and, if it is, sit back and wait for your money.

 

If it doesn't turn up within a reasonable time, ask for a warrant to be issued and SEND IN THE BAILIFFS!!!!!!!!!!!

 

Good luck

Phil

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Thanks for your replies philip and honest knob.

 

If i were to apply for a warrant what would be a reasonable time to wait before doing so? i was think maybe 28 days.

 

Anyway i'll sit tight and hope the courts validate it soon. I'll keep you all posted

 

:oops:

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Hi Louisemounsey hope the court validates your claim soon. I put my claim in on the same day. But with me they acknowlegde the service. now have to wait 28days for them to put in defence. Lloyds are sliping up... Good for you! Good luck. I look forward to seeiing how you go on.

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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Unfortunately, in all likelihood, the moment they find out that you obtained a judgment in default, they will apply to get the judgment set-aside, and will get it, which will mean more delays before you get your money.

 

Alternatively, they may pay up on condition that they apply for a set-aside and that you don't object to it. Time will tell.

 

Whatever you do, do not contact them to alert them to the fact they f****d up! :-D

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Hi guys,

 

recieved the AQ today for my second claim (6QZ48493) against lloyds (they didn't acknowledge the my other claim for a different account so i have just requested judgement on that one).

 

Its an N149 and I have been looking at the very useful guidance in the templates section and also mjanets and reloads cases. i have decided just to go with guidance and i am going to enter the following in section G;

 

 

 

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

I believe the cases will last no longer than one hour.

 

 

 

 

I have decided not to attach any documents at this stage.

 

I just have a few questions if that's ok!

 

 

I am assuming that other documents should i need them will be copies of all correspondance and a schedule of charges. Am I correct :confused:

 

 

When will i need a copy of the mcnamara tape and transcript and how do i get them:confused:

 

 

Do i need to get a copy of the original signed contract with the bank:confused: the account was opened the best part of 15 years so i no longer have that. i do however have terms and conditions from 2004 which is when the account was changed from a solo to a joint account:oops:

 

 

 

sorry for all the questions as they have probably been answered a 1000 times already, i have had a good look through the other threads but i just want to be 100% sure of what i'm doing.

 

cheers guys

 

L

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Thanks guys,

 

i'm gonna get my copy sent to court and the solicitors on monday.

 

sorry to be a pest but there is just one more thing....

 

 

...I have another claim against lloyds for my solo account which they did not acknowledge and i have just applied for a warrant. should i mention that on my AQ?

 

:)

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no - keep the claims completely separate - it's the bank's problem they can't reconcile their own records. You should only bring the matter up if you end up going to Court for a hearing but this is unlikely.

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Threads merged. Please keep to one thread now.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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hi louise have you actually sent in your AQ? when you here anything please let us know!

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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That was a good idea! Now you play the waiting game again I suppose? Waiting for lloyds to come to there senses and pay up!

 

 

 

Lloyds TSB Progess

 

first letter sent 10th June

Received reply 20th June

Second letter sent 30th June

Revieved final response 7th July

Filled in claim on line 30/07/06

Recieved Acknowledgment of service 4th August

Defence submitted 6th September

Allocation Questionnaire due back 20th Sept

Sent my Allocation Questionnaire back 10th Sept

Got there copy of Allication Questionaire 23rd Sept

Court date set for 25th Jan '07

 

 

 

Paragon Finance Progress

Sent first letter 24th August 2006

No reply so second letter sent 10th Sept 2006

Received letter back saying they are going to investigate my claim

Offer made by Paragon for full ammount plus interst! Rusult!!!

Cheque recieved *Won*

 

 

 

Any thing I write on this site is only an oppinion as I am not a solicitor or legal whizz!

 

 

 

 

 

 

 

 

 

 

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Lloyds have untill tommorow to defend my case. I expect a late defence from the swines.

 

No doubt I wll have to send an AQ in the next few weeks. Did you send a schedule of charges with the AQ? I sent one to the bank with the LBA.

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You need to send a copy of the schedule with the AQ so that the court has it, plus another one for the bank (even though they have had it).

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

 

I asked the same question at the start of my thread and Moreeda replied that i didn't need to send anything with the AQ

 

 

you only need to consider providing documentation once a court date has been set or if the Judge requests it - no docs go with the AQ

 

Is that correct :confused: as i didn't send a schedule of charges to my local county court. i did send then to northhampton however when i first submitted the claim.

 

L

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Well put it like this. I didn't send one to Northampton, but I did with my AQ. Have just checked the library and found this which I hope will help. In fact it should answer virtually all of your questions on this. Have a look towards the bottom of post 3. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

 

Thanks for the link, i did read that when i filled out my AQ and thought at the time that i wouldn't have to send a schedule as it states at the end of thread 3 that if you haven't already sent a schedule of charges you should do do now. also my form was an N149 not an N150.

 

i sent a schedule with every letter i sent to lloyds (first approach and LBA) and as i mentioned, one to northampton.

 

do you think i should send one to my local court and SCM? or should i wait for the court date as moreeda suggests?

 

I have ordered the small claims procedure book also so hopefully i should have that soon.

 

Louise

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