Help with court

[garofski]

I have filed to court and have returned my allocation questionnaire back at the beginning of the month. I had to return it by the 2nd of September which I did. I haven’t heard anything since, so I called the court to find out what is going on. Lloyds haven’t returned the allocation questionnaire back within the time limit of the 2nd of September.

I was told that a decision was going to be made about it. I have a few questions if some one can help?

1) When they decision, do they mean the final decision to award in my favour?

2) Do Lloyds have to return the allocation questionnaire before they can do that?

Any idea’s?

[GaryH]

Exactly the same happened in my claim. They were two weeks late filing the A/Q. Unfortunately the A/Q deadline is'nt that strictly enforced, so the court will write to SC&M and set a new, final deadline which will typically be a week. If they don't then comply with this, you will win by default. They did file it at the court eventually with me though, and sent me a copy too - then at the same time in another envolope was a (conditional) settlement offer (which I refused, but thats another story). An offer could well be imminant.

 

Good luck!

[sequenci]

i'm at a similar stage.. i'll give the court a call tomorrow.

[garofski]

Just spoken to the court. She has advised that it will go to the disrict judge and he will either ask Lloyds to return the allocation questionaire or he will send it to the small claims court (if i understand the court clerk correctly). I asked for time scales and she said she is snowed under with claims but if i don't hear anything by friday, to call back!!!!

 

Can't believe how long this is taking. My friends have had there money just after sending the allocation questionaire back. Getting a bit frustrated now!!!!!!!!!

[GaryH]

Stick with it. Not long now!!

[zoerogerson]

Hi

 

i'm having exactly the same problem with Barclays - filled out my AQ form and posted it straight back to the court it was transferred to - now over a month ago and now havn't heard anything yet?..... is it true that if they don't respond by a particular number of set days then you win by default, i think i may have read this somewhere but not sure what to do next??.........

 

£1,200 claimed back from halifax and £357 from the alliance & leicster (although recieved a letter last week to say they are closing my account!! - oh well it was worth it!)

[garofski]

Hi Zoerogerson,

 

When i phoned yesterday they told me that it would go to the district judge to make a decision on whether they have to return or strike the defence. If i don't hear anything by Friday, i have been asked to call back.

 

Garofski

[garofski]

This has now been transfered to another court in cardiff.

 

I have now had Lloyds AQ sent to me asking me to let them now if i have recieved it? (why has this been sent to me?????). What do i do now?

 

I have now recieved a letter today saying

 

It is ordered that:

 

1. Case is stayed generally pending further order of the court.

 

 

Does any one know what this means as i haven't got a scooby doo????

 

Will anything happen in the next two weeks as on on holiday as of friday for two weeks and out of the country????

[GaryH]

It is standard practice for them to send you a copy of their A/Q.

 

Your case has been stayed (suspended) pending the outcome of the test cases I presume. Its happening quite a lot lately. You would be advised to try to get it removed. Here's the application, take it to the court and attach it to an N244 form: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html. This will cost you £35 though.

[garofski]

Hi Gary

 

Thanks for this.

 

Can you advise me on the N244 form. Would i have a copy of this? If not where can i find one?

 

Cheers

 

Gareth

[Michael Browne]

You can download a copy from here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=D993BD7F08299F70621022D006F6739D

[GaryH]

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Or they are available at any County Court. My case has just been stayed too, so I'll be filling one out this afternoon.

[garofski]

Thanks for all your help guy's

 

Just a few things about the N244:

 

What do i put in Parts A and B for this form

 

Sorry to be pain!!!

[GaryH]

For 1. tick box c) - without a hearing. If you request a hearing it'll cost you £65 rather than £35.

 

Part A

 

The first space is your name, the claimant

 

second space put "application for removal of stay"

 

"see part C attachment"

 

Part B

 

Tick the 'part C evidance' box

 

Then sign and date

 

Part C

 

Attach the application template and in part C just put "see attached"

 

Have a read through the template and make sure you edit it to suit if necissary. You may find this thread useful: http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered.html

[GaryH]

Also, take a copy of this to keep for yourself and also send one to SC&M, with the attachment obviously.

[garofski]

I received my letter of stay today and have phoned the court in Cardiff regarding it. I ask is the stay relating to the Elliot V Lloyds and she said no it was relating to Williams V Barclays. She also said that all claims for charges from banks have put stay’s on until this has been resolved.

Do I still try and get the stay removed or wait?

Cheers

Garofski