Natasha Vs Lloyds TSB

[Natasha77]

Hi,

Am at the stage of preparing my defence!

I have completed the letters process and have had to proceed with the 'money claim online'.

Am very nervous about it all as if anyone if likely to lose, it would be me!

Can anyone give me pointers with regard to the defence i have to prepare? What should i say?

Any advice would be very kindly received!

 

Thanks:o

[DCG]

all you need is here

 

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/633-case-guidance-notes.html

[GaryH]

Hi Natasha77,

 

You're sueing them remember, so you're prepareing an claim, not a defense - its the bank who defends.

 

Anyway, don't worry, you won't lose. Not one case has been to court yet, and even though that does'nt mean none ever will, its highly unlikely. The banks have'nt got much of a leg to stand on. The only way they could win is by taking advantage of any mistakes or on technicalitys. As long as you do your research and prepare your claim properly (all the info you need is on this site) then you'll get back what rightfully yours. Along with the guidance notes in the link above, take a look at wolfcub's thread - she has kindly posted her case notes, so you can get a good idea from that. It is important however, to get a good understanding of the issues for yourself, rather than just reading from a template.

 

Just out of interest, have you submitted an A/Q yet, or do you have a court date?

[Natasha77]

I have just received the questionaire and am awaiting a court date. Going to make sure am really prepared for it. Thanks for you help guys

[Natasha77]

getting my details ready for my day in court! housework in on hold today! Sent the questionnaire back with a copy of the charges and mt letters to Lloyds, also going to sent a copy yo Lloyds sols.

[GaryH]

Excellant. Keep us informed!

[Natasha77]

I have my day in court on friday, i have my 'speech' ready. Any tips or things to remember to help? not sure what to expect.

Do i need to just say my bit and argue my case?

[GaryH]

What sort of hearing is it - the final hearing or an allocation or preliminary hearing?

[Natasha77]

the letter is headed 'notice of allocation of the small claims track (hearing)'. so I would say hearing.

 

The letter asks me to send any doc i tend to reply on at the hearing to all parties which i have done but i havent had anything from Lloyds, should they have sent something to me?

[GaryH]

What have you sent - a full court bundle, yes?

 

You need everything from the Basic Court Bundle from the templates library, all correspondence between you and Lloyds, your statements or account information, a schedule, a transcript of the interview with Peter McNamara BBC radio -Sept 2004- sound file & transc, and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

 

[Natasha77]

I sent a copy of the letters between myself and lloyds, and my statement. That not enought?

[natsmanc]

Hi Natasha

you need to send everything from the Basic Court Bundle which can be found in the Templates Library, when did your documents have to be in by?

 

nat

[GaryH]

Get the full court bundle off as soon as possible! One to the court office and one to SC&M.

 

At least Lloyds won't have submitted theirs either, so they can't apply for a strike out.

[Natasha77]

opps! Is an ajornment a better idea?

 

 

The attachment on the email 'basic court bundle' do i just need to add my statements, currant charges and corrs? it has everything else i need but i may just need to adjust it to suit?

[Natasha77]

my court date is this friday and the docs should have been in 14 days before that. I only sent my letters to lloyds and copy of my statement.

[GaryH]

The attachment on the email 'basic court bundle' do i just need to add my statements, currant charges and corrs? it has everything else i need but i may just need to adjust it to suit?

 

You need everything from the Basic Court Bundle from the templates library, all correspondence between you and Lloyds, your statements or account information, a schedule, a transcript of the interview with Peter McNamara BBC radio -Sept 2004- sound file & transc, and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

 

Deliver it to the court on Monday morning and send 1st class to SC&M.

[Natasha77]

I will have to post it to the court as i have moved since starting this claim, its over 2 hours drive! would posting next day del be enough?

[GaryH]

Yes, just get it there as soon as possible - if Lloyds had submitted their bundle you'd be in a bit of trouble, but as they almost certainly won't have, you should just about get away with it.

 

Prepare for court on Friday, but if your lucky you may still get a settlement beforehand.

[Natasha77]

I posted everything off on monday and called the court to let them know. They said that was fine. Just wait and see what happens on friday.

 

Thanks for your help Gary, really appricate it.

 

Can anyone confirm what will happen on the day? do we all sit around a table and get asked questions and i have to state my option/belives?

[BARTY]

Any news Natasha??

Barty:)

[Natasha77]

no, checked my account and they havent paid anything so am thinking they are going ahead!

Either that or they will wait until i've driven 2 1/2 hours South to let me know!!

[GaryH]

Have a look at the guidance notes, particularly the bottom two threads - http://www.consumeractiongroup.co.uk/forum/guidance-notes/

 

You should get some case note together of the main points of your arguement. The statement of evidence linked in my sig should help you.

 

Be polite and punctual - call the judge sir or madam, be on time and well prepared, have your notes ready and take your evidence bundle with you. You'll find that small claims court is very informal and its not heard in a big court room with a judge in a wig as you may imagion. Its just a small office type room with the judge and both parties sat around a table. Its designed to be accessible by normal people without the need for solicitors and legal jargon is minimal. As your a litigant in person the judge will make some allowances and should guide you - although not in a way which helps your case obviously.

 

Its still probable that Lloyds will pay beforehand - they haven't defended a claim yet and its not unusual for them to settle a couple of days or even a day before the court date. Obviously though you should expect to go to court and prepare accordingly.

 

Heres someone else who's in a simular position as you with a court date coming up - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58824-court-next-week.html

[Gemma Birmingham]

Hi Natasha,

 

Just thought id drop you a quick note, from what i gather your court date is tomorrow or next friday, gosh im nervous for you!!! Mine is next wed, so i will be really interested to see how you get on. Im very nervous about my court date especially all the prep, its gonna cost a bomb to get three copies of everything!!

 

For some reason the court didnt issue me with any directions so I will take all my copies on the day! might need a donkey to carry it all!he he

 

Just wanted to wish u luck, i will check how u get on.

 

All my best

Gemma x

[tyshamitdeb]

Good luck natasha! ive just started hope i dont have to go to court! let us know how you get on

[Natasha77]

I won i won!

 

They didnt turn up in court, they faxed the court on wednesday to say they were going to settle in full which they did at midnight! checked my bank account, its all there!! WOOOHOOO!