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MadKit v Lloyds-PPI reclaim litigation ongoing.


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Good luck with your claim. I am at the same stage as you with my claim against Welcome, and wanted to offer my support in your claim.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

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Thanks MrZ - Welcome is on my list possibly the next one after this is concluded. Good luck with that, they are worse than Lloyds if that is possible! Please let me know how you get on and I will update this thread too. MK

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  • 2 weeks later...

MadKit wrote

Spoke to the court and Lloyds filed their AQ on 30 June (last possible date). The judge stayed the claim until today 4 August and said the following:

 

On or before 4 August 2011 one of the following steps must be taken:

 

either

 

the claimant must notify the court that the whole claim has been settled;

 

or

 

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process.

 

The letter should confirm the agreement of all the other parties

 

or

 

all the parties must file a completed allocation questionnaire at the court. Where settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate it has been agreed.

 

Both parties have filed AQs, Lloyds have not settled or sent any correspondence except their defence before AQ and have not mentioned settling at all.

 

The court said we should send something into court saying they haven't settled and that we wish the stay to be lifted and this proceed to a hearing. Is there a specific form to do this? Can you help me with the wording for this please? Can I send in an order for directions or something similar? The court said I should get this in today or tomorrow so could you please let me know what the best course of action is asap?

AFAIK there is no specific form for this. Just write a brief letter in plain English (the courts do not appreciate LiPs trying to sound all legal) saying what you need to say (they have made no attempt to settle and you want to proceed to trial). You could add a draft order for directions "for the court's consideration" - they may or may not take any notice (the 'normal' time for this is with the AQ) - and see what happens.

 

I have no legal training, this is just based on CAG experience - what do others think?

Steven

 

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MadKit wrote

AFAIK there is no specific form for this. Just write a brief letter in plain English (the courts do not appreciate LiPs trying to sound all legal) saying what you need to say (they have made no attempt to settle and you want to proceed to trial). You could add a draft order for directions "for the court's consideration" - they may or may not take any notice (the 'normal' time for this is with the AQ) - and see what happens.

 

I have no legal training, this is just based on CAG experience - what do others think?

 

I agree with your comments, steven.

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Thank you, do we have a draft order template somewhere that I can use?

 

 

There might be one you can adapt in the CAG library.. I will have a look

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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http://www.consumeractiongroup.co.uk/forum/content.php?572-Draft-order-for-directions-including-directions-for-disclosure

 

This is a draft order for directions including disclosure. Will that help ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks citizenB, I had a look but I'm not sure how I can adapt it to suit. I'm also wondering whether it would give too much away if I start addressing what is missing in their defence and arguments. I may just address what the judge has said they should have done and ask for stay to be lifted and a hearing date set, what do you think?

 

MK

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MadKit, that is basically what steven advised in an earlier post. So yes, that seems to be the right plan.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Apologies for my absence-this is due to having to help some people with some bad bailiff issues which needed to be done urgently.

Obv it is already 4th today.

Madkit can you let me know what you sent/if you have sent.

I dont think being a day late will be viewed too badly-but it would need to be done by 4pm tomorrow if not already,and advise the court beforehand that it is being sorted.

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Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Madkit

 

The letter you PM'd me reads too much like a witness statement. I would loose everything from 2. onwards - just keep the first bit up to "...of any kind."

 

If you want to include draft orders, add "I respectfully request that the court consider the attached draft orders for directions, which I feel will advance the overriding objective by enabling the court to deal wit the case expeditiously and fairly."

 

CitezenB has posted info about for the draft order should be presented.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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