Gatecrasher vs Lloyds TSB

[Gatecrasher]

Hi all

 

Dpa sent back in Feb

Prelim letter with charges schedule sent 19/08/06

LBA sent 04/09/06

 

Just sit back and wait for the 18th Sept to file my claim!!

[Gatecrasher]

Had lloyds final response letter today.

seems to be the standard sod off letter

11 days to go

[GaryH]

Doing great so far and its good to see your sticking ridgedly to your deadlines.

 

While your waiting keep reading up on the material on this site, particularly other Lloyds threads so you know what to expect at every stage of the process.

 

Keep us informed!

[Gatecrasher]

Hi all

Have stuck to time lines all the way through.

Filled in the MCOL form

Lloyds entered a defence at the last minute.

The claim got transferred to the local county court.

The AQ was filled in and sent with plenty of time to spare.

 

And today I got this :

 

Upon both parties filing allocation questionnaires

 

IT IS ORDERED THAT

 

1 The claim is stayed on the grounds that the claimant's statement of case discloses inadequate particulars of claim.

Unless by 4.00pm on 30th November 2006 the claimant files and serves a further statement of case that sets out full particulars of the claim, the claim will stand struck out.

 

PLEASE NOTE The Claimant should also send a copy of the further statement of case to the Defendant or their represenatatives and confirm to the Court that this has been done.

 

2 The action be stayed from 1st December 2006 until 31st January 2007 or until futher order on the basis that there is a possibility of a test case before a Higher Court within the next few months the result of which is likely to reduce the need and/or amount of litigation in thesetype of cases:the stay will afford the parties an opportunity to try and settle the matter without a court hearing.

 

Liberty to apply to remove the stay

 

File to be referred back to the District Judge by 1st February 2007

 

This order was made on the District Judge's own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23,10

 

Dated 07 November 2006

 

Please HELP!!!!

[Gatecrasher]

Hi all

I have been on to the clark of the court and it seems that the statement of bank charges i sent by recorded delivery to Northampton have not been attached to my file and transfered to my local court.

Do you think that this is what it could be?

[GaryH]

This is dissapointing. The judge has swallowed lloyds BS defence hook line and sinker.

 

Did you use the correct template from the templates library? And did you include in it your account number? You've already said you sent a schedule of charges to MCOL, so if the answer to the two questions was yes, the grounds for bringing the claim are entirely adequate.

 

Oh well, better do what Mr Judge says anyway.

 

Firstly, you need to tackle the issue of the claims particulars. The judge has invited you to re-particularise your claim, so you may as well re-do it completely with the N1 particulars as they are much more specific. You'll find them in the templates library. Make sure you fill in all the gaps and don't change the value from what it was origionally. Print 3 copies. Also print 3 copies of your origional schedule. Send one copy of both to SC&M and keep a copy for yourself. The other copy will obviously go to the court. I would suggest you submit it with a covering letter, something like this perhaps;

YOU v LLOYDS TSB

CLAIM No; *******

 

Dear Sir,

 

On compliance with the order dated **/**/**, please find enclosed a new statement of claim and schedule of items claimed in respect of the claim as detailed above.

 

I wish to apologise to the honorable court for any inconveniance cause by my initial statement of claim and its inadequate particularisation.

 

I did feel however, that the statement of claim did adequately identify the common law and statutory provisions on which this claim relies and I can also confirm that a schedule of charges was sent to the Northampton County Court on **/**/** for inclusion with my particulars of claim. Please find the proof of postage inclosed.

 

Once again, I apologise for the courts inconveniance.

 

A copy of the amended statement of claim and schedule has also today been sent to the defendant.

 

Yours faithfully

 

 

I've got to shoot off now, so I'll get back to you about the test case part later.

[Gatecrasher]

Hi GaryH

Thanks for your response.

As I said i phoned the court to ask why and the clark got my file out and said that all they had was what was filed online.

The Schedule of charges I sent to Northampton Court asking to be attached to my file (which i sent by recorded delivery) did not make it to my local court.

So Do you think this could be the reason why?

[GaryH]

Yes probably, although Lloyds are responding to every MCOL claim with that same defence at the moment - 'not adequately particularised, "embarressing", etc, etc'. Most judges can see it for what it is - rubbish. Unfortunately this one has'nt.

 

Just to clarify - Did you use the Moneyclaim template from this site? And did you include your account number?

[GaryH]

IT IS ORDERED THAT

 

1 The claim is stayed on the grounds that the claimant's statement of case discloses inadequate particulars of claim.

Unless by 4.00pm on 30th November 2006 the claimant files and serves a further statement of case that sets out full particulars of the claim, the claim will stand struck out.

 

PLEASE NOTE The Claimant should also send a copy of the further statement of case to the Defendant or their represenatatives and confirm to the Court that this has been done.

 

If you follow the instructions I gave you before, that will take care of the above part. Do it as quickly as possible.

 

2 The action be stayed from 1st December 2006 until 31st January 2007 or until futher order on the basis that there is a possibility of a test case before a Higher Court within the next few months the result of which is likely to reduce the need and/or amount of litigation in thesetype of cases:the stay will afford the parties an opportunity to try and settle the matter without a court hearing.

 

Liberty to apply to remove the stay

 

File to be referred back to the District Judge by 1st February 2007

 

This order was made on the District Judge's own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23,10

 

Dated 07 November 2006

 

I sense a bit of hostility from this judge, but I could be mis-reading it I suppose. He's obviously well brassed off with all these charges claims, but instead of dealing with it how it should be dealt with - by ordering the bank to put up their evidance or shut up and go away - he's ordered a stay, pending the elusive 'test case' that will probably never even be heard.

 

I would strongly advise you to try to get it lifted. My case was stayed for the same reason, I applied for its removal and was successful. Chances are you would be too. On the downside, it'll cost you 35 quid and you may have to attend a short hearing for the application.

 

If you decide to go for it, you'll need to fill in one of these (3 copies), an N244 application form - http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Fill it in like this;

 

Top left hand box -

 

Tick 1. c), without a hearing

 

Leave rest blank.

 

Part A -

 

(I) The claimant.....

 

(intend to apply for an order that) removes the stay ordered to the above case.

 

(becouse) Under CPR 23.10

 

Part B -

 

Tick 'evidance in part C' box

 

Sign and date

 

Part C -

 

Please see the attached sheets.

 

Then, attach this to it, headed 'Part C application' - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html. You'll need to edit slightly to suit.

 

Take 3 copies of the N244 and the attached part C application. Keep one, send one to SC&M, and take one to the court with the £35 fee.

 

Act quickly, you only have 7 days.

[Gatecrasher]

Hi Gary

To confirm yes I used the templates from the library in all correspondance to the bank and court.

Thanks for the advice on filling in the N244 I will be taking it to the court tomorrow.

As for the N1 paticulars, do I need to put it on a new claim form or just as part of a letter?

[GaryH]

No, no need for a new claim form. Just attach it to that letter along with your schedule. Copy the proof of postage and attach that too, as it states on the letter.

[Gatecrasher]

Thanks for the help, Gary.