Beales Vs lloyds TSB **WON**

[GaryH]

Not alot more you can do then Phil for the time being. That sounds like pretty much the usual gumph from SC&M. Just wait for directions from the court and let me/us know of any developments.

[pbeales1]

Not alot more you can do then Phil for the time being. That sounds like pretty much the usual gumph from SC&M. Just wait for directions from the court and let me/us know of any developments.

Yes gary I just thought that they may be a letter somewhere in the templates library that i could send,or if you are aware of any.Dont just want to sit back and wait- well i will obviously have no choice, but i want to show as much comms as possible to let them know i am not going away.

 

Phoned court yesterday and they say that no 28 days have been asked for.

 

Phil.B

[pbeales1]

Am in court Monday for my Amendment hearing.

Anyone got an advice to offer?

 

many thanks Phil.B

[GaryH]

Call the judge sir, be polite and don't be late! Thats about it.

 

Seriously though, its nothing to worry about at all. In fact it'll be a good first experiance of the small claims court. You've got no real pressure on you - nothing can be won or lost on Monday. You'll probably wait a couple of hours to be called and then the hearing will last all of 5 minutes! Be prepared with a script or some prompts regarding why you need the amendment and apologise for the courts inconveniance. Its probably also a good idea to take a copy of the N244 and your new particulars of claim, just in case. You won't need to argue your case regarding the charges, but it would still pay to be aware of the statutes and common law your claim relies on, as that is what your new particulars will include.

 

I would wish you good luck, but you won't need it.

 

If theres anything else your not sure of or worried about, let me know.

[pbeales1]

Phoned sc&m Yesterday. Spoke to a geezer called Mr Blackman.

Usual speel "mr Thomas is on the phone/ unavailable at the mo".

They say they are going ahead with the hearing on Monday 20th Nov at 10pm and will await the outcome. I am sure that they may not attend the hearing.

[natsmanc]

Hi Phil

 

Good luck for Monday

[Tiger231589]

Hi Phil,

 

Just read your thread .... Good luck ... shall be thinking about you ... let us know how you get on.

 

Zoe

[pbeales1]

Thanks Everyone for your support. I will post my reply after court 2 moz.

 

Phil.B

[pbeales1]

Was in court yesterday. I was told by the judge that my claim was being taken to the fast track court. Because my claim was over the £5000 limit.

It was £4920 and then it would be subject to 8% interest or what ever the court would allow under section 69.

Which took the total claim to around £6000.

She returned the copies of my bank statements and told me to resubmit my claim within 7 days. Gave me the option to do it there and then but i decided to go home and look at what she was saying.

I think she is asking me to submit a new claim.

I am not 100 percent sure and may ring my local county court back urgently.

unsure whether to just post my p.o.c and statement of charges direct to her for her attention. Or to start a new claim. very confused as you can imagine.

 

Phil.B

[GaryH]

Thats strange. I have always thought that the interest is not included in the 5K threshold. I'll look into that.

 

What else was said?

 

I thought you had submitted a N244 with your new particulars of claim?

 

You need to clarify what was meant by 're-submit' your claim. That suggests she's asking you to file a new one. Are you sure it was'nt to resubmit your particulars of claim?

 

And I thought you were going to take a copy of your new particulars with you?

 

Sorry about all the questions, I'm just trying to get a clearer picture.

[blueskies]

The Patricia Pearl book (available from CAG -see left hand column) states that interest (whether it is 8% or contractual) is not considered for allocation purposes (the £5000 limit). I believe BankFodder was contacting PP to confirm this although I don't know the outcome.

[pbeales1]

I have rang the court back and they confirmed i must file my p.o.c again before 27/11/06. I did not submit my p.o.c. before i re-submit could you pls confirm the £5000 limit does not include 8% or contractractual interest. as i have been told by the judge that my claim for some reason would of been allocated to the fast track system. she advised me to keep it below the £5000 level. It was but not including contractual interest.

 

Can you pls help.

[GaryH]

It looks like what the judge told you was wrong. Interest should NOT be taken into account when allocating the claim to a track. The Cival Procedure Rules state this quite clearly - PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE

You need to print this off and make a request for your claim to be re-allocated to the small claims track, quoting CPR 26.8 (2). Make this request in writing at the same time you submit your POC.

 

To be honest though, the fast track in my (non-legally trained!) opinion is nothing to fear - in fact it does have advantages. Here's the basic pro's and con's;

 

£5000 (not including interest!) is the top limit for small claims track claims. Anything over that would generally go into the fast track. With this comes a very small risk. In the small claims track there is a no costs rule. This means that the losing party is not liable the costs of the other side, so bringing an action in the small claims track is virtually risk-free. In the fast track, the no costs rule does not apply. So theoretically, if your case went to court and you lost, you may be liable to pay Lloyds solicitors and other legal costs.

 

In reality however, this risk - in my opinion - is very, very small. Minute even. A), the chances of your case getting to court are very low - of 1000's of claims so far not one has yet. B), even if you did go to court, the chances of losing are small (which is why the banks always pay up beforehand!), and C), even in the almost unthinkable event that you went to court and lost, it is still not likely at all that the judge would award costs against you to a £multi-billion organisation.

 

On the other hand, IMO the chances of your claim getting as far as court reduce from slim to very slim if its in the fast track. This is becouse an order of standard disclosure can be made as a matter of course. This means that Lloyds would have to reveal the true administrative costs of their charging system prior to the trial - which is obviously something that they really, really don't want to do!

 

So basically, whilst you have every right to ask that your claim is re-allocated, you may want to consider staying on the fast track. Its your risk, your choice.

[pbeales1]

What the judge told you was wrong. Interest should NOT be taken into account when allocating the claim to a track. The Cival Procedure Rules state this quite clearly - PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE

You need to print this off and make a request for your claim to be re-allocated to the small claims track, quoting CPR 26.8 (2). Make this request in writing at the same time you submit your POC.

 

To be honest though, the fast track in my (non-legally trained!) opinion is nothing to fear - in fact it does have advantages. Here's the basic pro's and con's;

 

£5000 (not including interest!) is the top limit for small claims track claims. Anything over that would generally go into the fast track. With this comes a very small risk. In the small claims track there is a no costs rule. This means that the losing party is not liable the costs of the other side, so bringing an action in the small claims track is virtually risk-free. In the fast track, the no costs rule does not apply. So theoretically, if your case went to court and you lost, you may be liable to pay Lloyds solicitors and other legal costs.

 

In reality however, this risk - in my opinion - is very, very small. Minute even. A), the chances of your case getting to court are very low - of 1000's of claims so far not one has yet. B), even if you did go to court, the chances of losing are small (which is why the banks always pay up beforehand!), and C), even in the almost unthinkable event that you went to court and lost, it is still not likely at all that the judge would award costs against you to a £multi-billion organisation.

 

On the other hand, IMO the chances of your claim getting as far as court reduce from slim to very slim if its in the fast track. This is becouse an order of standard disclosure can be made as a matter of course. This means that Lloyds would have to reveal the true administrative costs of their charging system prior to the trial - which is obviously something that they really, really don't want to do!

 

So basically, whilst you have every right to ask that your claim is re-allocated, you may want to consider staying on the fast track. Its your risk, your choice.

Hi thanks Gary.

Have posted my p.o.c to court and sent copy to sc&m.

Court notes claimant has been allowed to file p.o.c.

Which i have done quoting CPR 26.8 (2). also i have asked for my claim to be allocated to the small claim track.

 

Thanks again for your help.

I will sit tight and wait to see what the outcome is.

 

Phil.B

[pbeales1]

Hi thanks Gary.

Have posted my p.o.c to court and sent copy to sc&m.

Court notes claimant has been allowed to file p.o.c.

Which i have done quoting CPR 26.8 (2). also i have asked for my claim to be allocated to the small claim track.

 

Thanks again for your help.

I will sit tight and wait to see what the outcome is.

 

Phil.B

 

 

I finally have a court date- thank god for that lol.

Still no word from sc & m.

Court date is 16Th April 2006.

 

Any advice on what to do next!

 

many thanks Phil.B

(MERRY XMAS EVERYONE)

[pbeales1]

anyone sent any letters to sc & m recently??

I want to keep the pressure on them now.

Let me know if anyone has.

 

Thanks Phil.B

[GaryH]

Well done Phil, got there in the end!

 

So to which track is your claim allocated to? And what are the directions?

[pbeales1]

Hi gary, it has been allocated to the small claims track.

You where correct that,at the amendment hearing the judge mis-informed me of my track. So i quoted the cpr rules as kindly focussed on by your self.

16th April 2006 - but at least I have it.

Dont think one case as yet as ever been to court.

We need a test case badly or a judge to oder that costs be justified.

any letter i can send sc & m because i want to keep pressure on them now.

 

many thanks Gary for your help.

 

Phil.B

[GaryH]

Excellant, glad its sorted.

 

What about directions? Should be on the notice of allocation, it'll ask you for your evidance, etc. Your next step is to submit your bundle, and that should be the final hurdle. Take notice of the date it has to be submitted by.

 

You need everything from the court bundle in the templates library, all correspondence between you and Lloyds, your statements or account information, a schedule, the McNamara interview (templates - soundfiles) and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

 

You need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).

 

Get this all off and then ring SC&M and ask where their documents are. They should then say that the settlement is in the post.

[pbeales1]

Hi all,sorry not been online for some time.

 

Am due in court on 16th April.

 

To my suprise I received a full Settle ment in the Post with NO conditions from S c & m. On 16th March.

Thank you to all who where so helpful and patient.

 

We have our Baby due in the next 9 weeks, so it will be great for all our Family.

 

Cheers Phil.B

 

Good luck with the fight and heres to round two.

[GaryH]

:grin: Thats brilliant news Phil......

 

CONGRATULATIONS!!!

 

A long old battle, but you made it in the end - very, very well done! Enjoy the money and best of luck with your new arrival.

[pommy190780]

Hi Phil,

 

Well done on your settlement, thats great news. lloyds do certainly take it all the way. what i wanted to know is did you submit your court bundle before you got settlement?

[pbeales1]

No I hadnt submitted court bundle,i should of done it earlier though.

All i can say is that i was 4 weeks away from court, when i got settlement by post.

 

Phil.B

[pbeales1]

Hi gary, the settlement was for the amount less the 8% interest fee.

Would i have only been awarded this if it had gone to court?

Just want to confirm this before i write to court saying settlement is complete.

 

Hope you are well

 

Many thanks Phil.B.

[GaryH]

No, they should have settled the 8% as well - if I were you I'd insist on it. They'll pay it, they're just trying it on. Tell them that unless you receive a FULL settlement including 8% and fee's then you'll see them in court.