Lloyds - If went to court - extra costs claimable? lloyds

[robert_harper_2000]

Hello everyone!

 

I've been helping someone at work but she has since received a notice of hearing it is in a month of so!

 

Are they going to offer a settlement now? has it ever gone further??

 

Cheers

Rob

[robert_harper_2000]

I have read other threads - it seems I literally have to drag them "kicking & Screaming" through the process!

 

No worries about answering all the answers are here!

 

Cheers

Keep you posted and no-one give up!

[daveandmel]

Don't worry mate from what i've read they take it to the wire then pay up!!! Good luck i'm just submitting the claim so bit behind you, hope they haven't sorted as defence by the time i get to the courts!!!

[robert_harper_2000]

Court date is October 16th..... still fine??

[cathrionas]

yes - most probably still fine. but start getting everything ready. there was info on another thread stating what the court had asked a claimaint to prepare. I cant remember what/where it is now but it didn't look like a frightening amount of work. sorry a bit tired now. the bank doesn't want to go to court.

take care,

Cat

[robert_harper_2000]

court on the 16th ... shall I prepare my case?? Or is this typical of this solicitor serc ones.

 

Has anyone been to court over this from Lloyds yet??

[Guest lobster]

what does your notice say? do you have to give in docs before the hearing ie 4 weeks. ive got two court bundles to do:D

[walgrave]

If you look at my thread "Helping My Son" you'll see what the court asked me to send in. My court date is 6th November and I had to send stuff in by 26th September and Lloyds had to send theirs in by 24th October.

 

Walgrave

[saj]

court on the 16th ... shall I prepare my case?? Or is this typical of this solicitor serc ones.

 

Has anyone been to court over this from Lloyds yet??

 

Hi Robert.

I think yes you should prepare for court. Although no one has yet been to court it could potentially happen and it could be anyone of us. On my thread last week I posted a list of what I thought I might need. No one responded negatively so I guess that's a good sign..You're welcome to use my list.

Good luck

saj x

[robert_harper_2000]

Just heard the girl who I'm helping has received two letters! hmm... what could these be I wonder? lol

[robert_harper_2000]

nope letters from lloyds nothing about settlement... so how do I prepare my case? I know the basics was hoping she could just do all this herself etc but it would be OK for me to go with her wouldnt it act on her behalf etc

[reload]

Hi Robert,

 

Might be worth giving the solicitors a bell and just "confirming that they (sols) have received the notification of court date", and perhaps mentioning "I'm still prepared to settle if you're willing to make an offer..."

 

As other people have said - the bank doesn't want to go to court. From the level of competence I've seen on this forum from SCM though, I'm willing to put money on them having lost the documents...

[saj]

Hi Robert

I believe she can take someone to act on her behalf. The best preparation is reading around this site, understanding te small claims system, knowing their arguments well and having replies prepared to respond to all of their bullsh*t. Also prepare documents you may wish to use in court. Good luck

Saj x

[vikkijarda]

I have a hearing date of 6/10/06 and haven't heard a thing from SCM. Advice please someone, should I call them and ask if they are aware of the court date and ask if they wish to settle now. Or is it better to just sit tight and prepare for the day.

[reload]

It's down to your own judgement Vikki. As someone else has mentioned in another thread - if you call the solicitors now and they weren't aware of the course, they may send someone to ask for a stay while they prepare their defense, etc. If they aren't made aware, it could be that you turn up at the court and Lloyds don't send anyone - so you win by default.

[robert_harper_2000]

could you then claim for costs? travel etc.

 

Also what about the any additional charges that had since been applied? You wouldn't have an opportitiuy to add them to your claim!?

[robert_harper_2000]

I think Lloyds TSB have forgotten about my due date... will be reminding them; however if I went to court would I be able to claim for travel and time etc? Plus would I be able to add my additional charges I had since started the claim?

Thanks

[Seminole]

Generally speaking you can't recover costs other than court fees on the small claims track. The exception would be where the other side screwed up. Usually, for example, if you got a default judgment and they applied to set it aside then you could get some costs for attending the hearing. I got £50 for my set aside hearing although that was about a quarter of what it cost me in billable time- it's up to the judge on the day.

[robert_harper_2000]

Well if they didn't turn up the the defendant would be at fault. So I would be entitled to travel and ... I would have to start a new case for the rest of the charges...??

 

Has anyone been at court where the defendant forgot?

[artoo]

If they don't turn up you will/should just get judgement.

You have no obligation to remind them!

[robert_harper_2000]

Yes I understand I would win by default. However what extras could I claim? As Sarah & I would be intending by train

[AndyE]

Civil Procedure Rules 27.14(3)(b) and 27.14(3)© state that the court may order a party to pay all or part of your reasonably incurred travel expenses and a sum of not more than £50 per day for loss of earnings.

[robert_harper_2000]

Right court is due on the 16th! One week to turn up... guess it won't be as easy as I thought! Will they just not turn up? What do I have to do to defend?

 

Thanks

[saj]

Hi Robert. I imagine it will be all done and dusted before court as usual, however you should be prepared with documents etc. Did you call as suggested in reload's post #12 on your thread? That is certainly what kickstarted my claim which was settled unconditionally in full last week. Le us know what they say

Saj x

[robert_harper_2000]

She got her settlement letters, she had just not been opening her letterS!!!! arghhhh!! I've sent off acceptance for her and have setup a standing order for her wages with a direct debit for her credit card. She only owes £980 ish she'll be clear in a year!

 

Thanks, she is very grateful!