Maundy Vs Lloydstsb

[maundy58]

Hi all,

 

I have received a copy of the Defendants Allocation Questionniare from Sechiari, Clark and Mitchell. The have asked me to acknowledge safe receipt and a copy of my AQ...presumably I need to do this?

 

Going through the questionnaire I have noticed in section D, WITNESSES, they have put 1 in the box - what other witnesses can they call? In the experts section E they have ticked "no". Is this a standard AQ reply from the defendant? They are unavailable all of December - I was expecting that. And in section G, they have put "the defendant intends to rely on its defence and the terms and conditions that govern the account". I just wasn't expecting to see a 1 in the witnesses box...can anyone advise please?

 

Regards

 

David

[Michael Browne]

The have asked me to acknowledge safe receipt and a copy of my AQ...presumably I need to do this?

 

No need, but recommended as a courtesy.

 

Their AQ is standard, they always tick 1 witness

[maundy58]

Many thanks

[maundy58]

Hello all,

 

Well, got my court date through this morning - 14th March 2007 at 1400. Just going to do some reading on the forum as to what I need to send to SC&M and the court; as the Court letter asks for copies of all documents on which we intend to rely on at the hearing. They also want a statement by each party and any person who is to give evidence.

 

Regards

 

David

[Michael Browne]

See here:

Basic Court Bundle

[maundy58]

Thanks Michael

[GaryH]

See the link in my sig below for a statement of evidance.

[maundy58]

Thanks Gary, It looks very good indeed.

 

Regards

 

David

[maundy58]

Hi all,

 

Just getting my last bits and pieces ready to send off to the court and SC&M. This is what I've got - can someone advise if this is OK or not. The court date is the 15th March.

 

• STATEMENT OF EVIDENCE - From the forum.
  
• The Court bundle from the site, which includes my schedule of charges that the bank sent out from my request, and the relevant case law.
  
• My letters and the bank's replies to my request for a refund of bank charges.
  
• Money Programme research into cost of bank charges
  
• Media release regarding Austrailian banks making hundreds of millions of dollars each year from unlawful fees
  
• OFT's report on credit card default charges
  
• Myself and the Bank's allocation questionnaire.
  
• The Bank's defence

Have I missed anything out, or do you suggest I add anything. I noticed in the basic court bundle it mentioned statements. Do I need to include these too? I have no originals, only the one's the bank sent me.

 

Lastly, I was going to present it in a tabulated folder and label each section accordingly - would that be appropriate? Last hurdle for me, so I don't want to make any mistakes.

 

Kind Regards

 

David

[Michael Browne]

I have no originals, only the one's the bank sent me.

 

That's fine

[maundy58]

Michael,

 

So do I need to send my statements in, and if so is it just those with the charges noted. What about the other stuff I listed?

 

Regards

 

David

[Michael Browne]

is it just those with the charges noted

Yes

 

What about the other stuff I listed?

Looks fine to me

[maundy58]

Michael,

 

Thanks.

[maundy58]

Hi all,

 

Just got a letter from SC & M this morning. Informing me that their client will be settling in full - £1, 648!!!! Wonderful news. In the 5 or so months it's taken to claim this, I've managed to rack up another £400 worth of charges. Has anyone taken their bank on for a second time?

 

Regards

 

David

 

PS donation inbound ASAP!!!! Thanks to everyone at this site for all the help and advice.

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….cheers for the donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Congratulations. Enjoy the dosh!!!

 

Has anyone taken their bank on for a second time?

 

Yes, plenty. They may close your a/c 2nd time around, so a parachute a/c would be wise.

[Chrisi]

Congratulations Maundy, well done!

Did you have to actually send off yuor court bundle or did they offer settlement before you were able to send it? I'm a bit behind you having just passed the AQ stage and hoping they are likely to settle early

[GaryH]

Congratulations!!! Excellent news, well done!!

 

You'll probably find that they pay up just after the LBA the second time around - thats been the case in every second claim I've seen recently. As MB said, they are more likely to close your account than if you claim only once, but having said that I'm not aware of a case in which they have closed one recently. A parachute is certainly wise though.

[BARTY]

Congratulations!! :D

Barty:)

[maundy58]

Thanks everyone...Chris, I did have to send my court bundle off - my court date was 13th March. If you reach back into my thread, you'll see the links to all the info you require. Good luck and stick with it, you're almost done.

 

Regards

 

David

[GaryH]

As you submitted a bundle at your expense for a claim which clearly Lloyds had no intention of defending, I would strongly advise you to write to the court and request that your preparation costs be paid by the defendent. Here's a letter to send to the court, which also doubles as a 'withdrawal of claim' letter - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

 

If you use it, please let us know how you get on.