Pls help I'm submitting my claim!

[leamarie]

I'm afraid I'm stuck in the dark ages and don't have a scanner! I am sneakily doing this at my desk at work and don't have the letter with me but will be sure to type it up here tomorrow. I'm sure you are right though!

 

Thanks again.

[GaryH]

Ok, don't worry. Just type it up when you get the chance. The important bit is the directions to you, the claimant. Its just some of them request different evidance to others, ie, one of my directions was to present specific evidance supporting my claim that the charges are a penalty as opposed to a 'service'. On the other hand, some are simpler. The standard directions, which is what I suspect you may have, justs requests all the evidance and documents you are relying on to be filed and served 14 days prior to the hearing.

[leamarie]

Hi Gary if you are there (or anyone else)

 

This is the letter I received from the court dated 31st October, which I think maybe my directions:

 

Notice of Allocation to the Small Claims Track (Hearing)

 

DISTRICT JUDGE XXXXX has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 14:00 on the 23rd February 2007 at XXXX County Court and should take no longer than 1 hour.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing.

 

Date: 31 October 2006

 

TAKE NOTICE THAT THIS SMALL CLAIM HEARING IS BLOCK LISTED AT 2.00PM WITH OTHER SMALL CLAIMS HEARINGS

 

Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practises or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing.

 

It would be great if you could help me clarify if this is infact my directions or just a notice. Also, is it better to sort out my documents and send them off sooner rather than later?

[GaryH]

Hi Leamarie,

 

Yes, thats a notice of allocation to the small claims track and your directions. Nothing complicated, its just the standard directions. You've got plenty of time to get it all sorted too. I have'nt got much time at the moment, but I'll come back to your thread later to go through what you need. In the meantime, have a look at the court bundle in the templates - the majority of it is there.

[leamarie]

That's brilliant thanks again!

 

One slight problem though, when I tried to open the Basic Court Bundle, I opened it using Word and its just not working, any suggestions? I have to use the computer at work in my lunch break as I can't access this website on my PC at home.

[leamarie]

[quote=leamarie;354144

 

One slight problem though, when I tried to open the Basic Court Bundle, I opened it using Word and its just not working, any suggestions?

 

 

Hi guys, sorry does anyone have any ideas on how I can open this as I am not very good with computers but need to get started on my preperations for court.

 

Thank you :grin:

[GaryH]

Hi Leamarie,

 

I can try to send it as an e-mail attachment if you like? If so, PM me your e- mail address.

[leamarie]

Hello again!

 

Does anybody know what type of document the court bundle is? So that when I try and open it I select the right type next time!

[leamarie]

I actually managed to log onto the website on my PC at home for the very first time tonight, YIPEE! I am now able to open the court bundle but before I get carried away and start printing 3 copies I think I had better buy another ink cartridge!!!

[GaryH]

At Last! Excellant, well done

 

Better get another load of paper in as well, with 3 copies of everything all mine totalled over 300 pages!

[avlasc]

Hi, Leamarie - I and a few others got an offer of payment this week, did you? I wonder why some are and some dont seem to be?

[leamarie]

Hi,

 

No haven't heard a single thing from them since I sent that letter to say 'So you want to settle? So settle.' I haven't even prepared my court bundle yet and as far as I can see everyone who has received payment are ahead of me slightly. They will probably wait until the day before going to court knowing my luck!!!

 

So you have received an offer too? Is it a full and unconditional one? Actually I will go and check out your thread...

 

Leamarie

[avlasc]

Hi, as you can see it has conditions ... just struggling to decide what to do to be honest. On the one hand I want the money in my account.. and the conditions arent really going to make any difference to me - on the other I think why should I accept conditons ... if I dont it may add delays and I am not sure I can be bothered waiting anymore, after all it is full settlement. What would you do?

[leamarie]

Sorry if I am being a complete doughnut but I can't find your thread! Where is it please? Re. the conditions Gary H and a couple of others held out for a full and unconditional offer and I don't think it took much longer, so it may be worth thinking about.

[avlasc]

Here you go .... http://www.consumeractiongroup.co.uk/forum/lloyds-bank/22146-ken-jones-lloyds.html

 

Its true Gary held out - I haven’t even had a court date yet - so could be looking into next year. My plan is to get my money then do exactly the same for my daughter.

[GaryH]

Hi Leamarie,

 

I'm sure your settlement will come fairly soon. If you can, I'd get your bundle off as soon as you possibily can. You should then find that a settlement follows not long after they receive it. Also, you can try putting a bit more pressure on them with regard to their asking for a delay to settle and then not even contacting you. Here's another letter you can use if you like;

 

Dear Sir/Madam,

 

** weeks have now elapsed since I received your clients allocation questionnaire, which indicated your intention to resolve the matters detailed above by way of negotiation. You did in fact request that the court order a stay for this purpose.

 

To date, you or your client have made no attempt whatsoever to engage in dialogue and my last letter to you of **/**/** has not even been afforded the courtesy of an acknowledgement. As it were you who requested a stay be ordered to negotiate, I must say I find your intransigent attitude both surprising and unacceptable.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the court in such contempt as to abuse the system in the manner to which a false indication such as this would equate.

 

I will therefore assume that your failure to contact me is merely an oversight. As this oversight has now been drawn to your attention, I will again await your proposals for the resolution of this matter and I trust this will come within the next 7 days. Should you not respond positively within this time, I will make representations directly to the judge dealing with this case and request that your conduct be investigated and dealt with accordingly.

 

A copy of this letter has also been sent to the court.

 

Yours faithfully

 

Fingers crossed that should get you a settlement offer. Make sure you send a copy to the court as well.

 

As for conditions, yes I refused them becouse the principle was more important than the money and I just could'nt bere to let them have the last word. Many others have also refused and still got their payouts. Lets face it, Lloyds will not step foot inside a court to defend a claim whether their conditions are accepted or not. As I've always said though, its down to each individual claimant to decide whether or not they want to accept them. Refusing them can lead to a delay and principles are all very well but they don't pay the rent unfortunately! I was also in the fortunate position of having other claims settled just before, so I could afford to hold out for longer. I waited a couple of months for the final settlement, but in most other cases its usually a week or two. Freebird waited an extra week for hers.

[avlasc]

Just posted this in my thread as it could be relevant...

 

Reading back over this post - I have just checked the figures in the settlement offer, they are £40 quid short. It was Gary that suggested checking them (cheers gary) I am going to give SCM a call tomorrow (Monday). I will ask how thay came to that sum as it falls short of the original claim - I have also thought about the conditions and decided not to accept the ones about confidentiality and the one about incuring more charges if I go OD again. Will keep you posted.

[leamarie]

Thanks again Gary, yes I am going to try and get the bundle sorted within the next week. Will try this letter first and if I've heard nothing after the 7 days stated in the letter, I will send off the bundle

[leamarie]

Hi,

Just a quick update to say nothing much has happened. I sent off that letter a couple of weeks ago to say 'its been 3 weeks since I last wrote to you, when you indicated your clents wanted a one month stay to negotiate settlement' etc. Nothing heard back from the bank/solicitors at all! Still trying to sort out my court bundles though, maybe when they receive that it will start the ball rolling. It feels as though I'm being left behind a little at the moment with all the positive outcomes that have been happening over the last few weeks.

[GaryH]

Don't worry too much, yours is'nt that far away. Trouble is SC&M are'nt under a great deal of pressure to settle at the moment with the court date that far away. As you say, get your bundle off and it could prompt them to settle earlier. Include an amended version of my ststement of evidance as well if you like - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

[leamarie]

Thank you Gary, the 'statement' is certainly on the meaty side and is as impressive as always!

 

[leamarie]

Hi everyone,

not been here for a while and I'm starting to panic a little now. My court bundle has to be submitted in 4 weeks and I haven't even started, partly due to the fact my computer has been giving me trouble for the last few weeks and now I need a new part for my printer!!!

Just to clarify, have I simply got to print off the court bundle and add in my letters to and from bank, schedule of charges and statement of evidence as kindly supplied to Gary H?

It does sound very simple but I've got a terrible feeling when I start something will go wrong!

:?

[christinajanep]

ha ha we all have that feeling, as long as you put your documents with the court bundle your ok, there's no need to panic, even though i dont know why i'm saying that i'm due in court a week monday and so far havent had anything from scm, but thats what everyone else says to me

[GaryH]

Just to clarify, have I simply got to print off the court bundle and add in my letters to and from bank, schedule of charges and statement of evidence as kindly supplied to Gary H?

Yep, thats it Leamarie. Simple as that!

 

You've got plenty of time. Don't panic, just do it bit by bit. Make sure its all nicely ordered and indexed, and remember you need to send one bundle to the court, one to SC&M and keep one (including original docs) yourself.

 

You're on the final lap now - you can almost see the finishing line!

[leamarie]

Thanks again Gary, just a quickie though... this may sound really stupid but when I include my statements do I include them all or do I include only the ones with charges on them? Also I am claiming for 3 accounts but don't have all the statements for 1 account, I have estimated the sum owed from the statements I do have. Do I need to elaborate on this in my bundle or just submit the statements I have? Basically how likely is it that they are going to check through all my paperwork? One more thing where do I put the Statement of Evidence?

Cheers