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Case Struck Out Beware !!!!!!


crusty git
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:confused:

I issued a moneyclaim against Lloyds TSB after following the correct procedure with the letters. Because the moneyclaim system only allows a certain number of characters to be entered I had to edit my claim as I registered it, - not the best way to do it!!.

 

In prticular I did not send the list of charges that I was attemping to recover, a fatal mistake.

 

Anyway all appeared to go well for a while, the bank entered their standard defence - "they are services, not penalties" and I duly filled in the Allocation Questionaire.

 

The following day I received a notice from the court that the action had been struck out "as disclosing no reasonable grounds for bringing a claim" .

 

After getting so far down the road it was devastating to say the least.

 

Now after an enormous amount of help from the forum, and another £35 in costs there is at least a chance that the claim can be saved.

 

If it was'nt for my cutting corners in the first place I would probably would be £700 better off by now.

 

The moral-

 

Dont use moneyclaim unless you are sure that you know what you are going to enter. Use the spreadsheet and send a copy with the claim

Read everything you can on the forum - Its there for a purpouse.

 

J

  • Haha 1

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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It was a judge in the local court who did the deed.

When a MCOL is defended it is refered to the local court

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Thanks for the support everyone.

I still have not heard from the court as to whether they will re-instate the claim.

 

j

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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:confused:

I issued a moneyclaim against Lloyds TSB after following the correct procedure with the letters. Because the moneyclaim system only allows a certain number of characters to be entered I had to edit my claim as I registered it, - not the best way to do it!!.

 

In prticular I did not send the list of charges that I was attemping to recover, a fatal mistake.

 

Anyway all appeared to go well for a while, the bank entered their standard defence - "they are services, not penalties" and I duly filled in the Allocation Questionaire.

 

The following day I received a notice from the court that the action had been struck out "as disclosing no reasonable grounds for bringing a claim" .

 

After getting so far down the road it was devastating to say the least.

 

Now after an enormous amount of help from the forum, and another £35 in costs there is at least a chance that the claim can be saved.

 

If it was'nt for my cutting corners in the first place I would probably would be £700 better off by now.

 

The moral-

 

Dont use moneyclaim unless you are sure that you know what you are going to enter. Use the spreadsheet and send a copy with the claim

Read everything you can on the forum - Its there for a purpouse.

 

J

 

 

Sorry to hear about that and good luck with the case.

 

I was just wondering, did you file your claim online or in person?

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Hope you can re-issue and I wish you the best of luck...

 

 

 

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 is such a worry- I didnt send the the breakdown of charges with my moneyclaim because there wasnt enough room- Altough i did send it with my first 2 letters. I was gonna send it once i recived a responce from them ....im worried now

Letter asking for my money back sent 24/07/06

Letter sent by them saying a big fat "NO" on the 26/07/06

LBA sent via email on the 31/07/06 14 days and counting.

Letter from them on 07/08/06 saying Bugger Off

MONEY CLAIM ISSUED 14/08/06

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Vicky

send 2 copies of the spreadsheet to Northampton County court quoting the claim No this will at least ensure that it is in your file.

If the bank fie a defence the case will be transferred to your local court which is where a district judge will review it.

 

Good luck

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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There are hundreds of people used MCOL successfully without their claims being struck out for not attaching the spreadsheets and this could cause panic amongst people who have issued Moneyclaim summons.

 

Could you please post what you wrote in your particulars of claim on the Moneyclaim form so we can ascertain if it was something in there that caused it to be struck out?

Thanks :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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I'm sorry but I think that's out of order for the Judge to do that when you have paid the Court a fee for a service to help you resolve the dispute!

 

Further you are so restricted with the particulars of claim on MCOL - it wouldn't of hurt the Court/Judge to write and ask for the further additional information needed in support of the claim rather than him strucking it out like that.

 

I would make a official complaint to the Court Service once your claim has been finalised! Again you have paid a fee for a Service!

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Dolly

I didnt say that you cant use moneyclaim successfuly. What I did say was be careful with it as it has a very limited number of characterss that it will accept.

Where I went wrong was in "pruning" my claim to fit and assuming that I would have an opportunity to present the spreadsheet before any damage was done.

 

also to be honest I think that I was a little unlucky with the way that the judge read the defence by Lloyds.

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Thanks for the advice crusty- I cant believe that they have done this to you. I am gonna e-mail the court now.

 

 

Vic

Letter asking for my money back sent 24/07/06

Letter sent by them saying a big fat "NO" on the 26/07/06

LBA sent via email on the 31/07/06 14 days and counting.

Letter from them on 07/08/06 saying Bugger Off

MONEY CLAIM ISSUED 14/08/06

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Anybody know the E-mail address for northampton court?

 

many thanks

 

Vicky

Letter asking for my money back sent 24/07/06

Letter sent by them saying a big fat "NO" on the 26/07/06

LBA sent via email on the 31/07/06 14 days and counting.

Letter from them on 07/08/06 saying Bugger Off

MONEY CLAIM ISSUED 14/08/06

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So what were the exact particulars of claim?

 

I had to spend quite a while trimming and pruning the particulars of claim so that MCOL would accept them.

 

I sent copies of the spreadsheet to MCOL and to LTSB a couple of days later.

 

Surely the courts cannot strike out a claim on this basis as they will be aware of the character limitation of MCOL??

 

Similarly why does MCOL only allow such a limited space? That doesn't make any sense to me.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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Hi tink- i must be blind as i cant find it...Grrrr

Letter asking for my money back sent 24/07/06

Letter sent by them saying a big fat "NO" on the 26/07/06

LBA sent via email on the 31/07/06 14 days and counting.

Letter from them on 07/08/06 saying Bugger Off

MONEY CLAIM ISSUED 14/08/06

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reissue tomorrow mate in local court :D

 

 

Good advice Zooman reissue & also put a brief summary of your claim on the form & mark it as "paticulars of claim to follow" thereby giving yourself some time to sort out the paper work

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.....Where I went wrong was in "pruning" my claim to fit......

 

So, can you show us please?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Good advice Zooman reissue & also put a brief summary of your claim on the form & mark it as "paticulars of claim to follow" thereby giving yourself some time to sort out the paper work

 

Very good advise... go for it!! It is your money

 

 

 

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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  • 2 weeks later...

Is there any chance we could see those Particulars of your claim please?

C

29 March 2006 Data Protection Act Request sent for ac 1 (then she got a bit distracted but got another charge so...)

27 May Prelim letter sent for ac 1

27 May Data Protection Act Request sent for ac 2 & 3

21 June Prelim Letter sent for 2 & 3

14 July LBA sent with schedule for ac 1 & 2 & 3

7 August MCO filed – defence expected 10 September

11 September defence filed - signed Sean Copping

12 September AQ form received

18th September AQ sent back to Lambeth Court and copy sent to solicitors both recorded delivery

13th Feb 2007 Court Date Set

15th Feb Reclaimed Money is in my bank Account

 

Cat's opinions are those of a nurse and most definitely, definitely not those of an accountant or solicitor, although she was always quite good at sums and elocution.

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