Bring it on LTSB! - **WON**

[Lusky]

Received my allocation questionairre in the post today.

What have others put in the additional information box?

Any pointers would be very welcome.

[Lusky]

I returned my allocation questionaire 10 days ago, the date for return was today.

I just checked with the court and they have received the questionaire back from LTSB.

As a lot of of Lloyds customers seem to have received offers before this point I am just checking if this is normal and have they left it this late with anyone else before offering settlement?

Getting a little bit nervous now....any words of wisdom would be appreciated!

[reload]

Hi Lusky,

 

No need to get nervous!!! We're behind you all the way

 

From what I've read recently, whether you recieve an offer or not prior to the AQ seems to depend on which solicitors are dealing with you (Martineau Johnson or, erm, the others that Lloyds use), and whereabouts in their queue your case lies - IE: Whether they got round to sending you a settlement offer before the AQ deadline was too close for them to start negotiating.

 

It may - may also be the case that they're adopting another stare-us-down intimidation tactic over the court date, hoping that people will file the AQ and pull out before the court date is due, and before they need to offer a settlement.

 

More likely though, they could just have been testing your resolve to see whether you will settle the AQ and didn't get round to sending you an offer. I'll be in a similar position myself shortly - AQ is due to be returned by the 9th, planning to send it off/hand it in on the 1st of July. Might actually just wait till the 4th and rub it in a bit

[Lusky]

Crikey Reload, that was a quick reply!!

Thanks for that.

I am with the Martineau Johnson lot - I expect you are right and they are snowed under. Mine is also quite a big claim and I am well over my o/d limit

( only because of charges ) so I don't expect them to back down until they have to.

I wll just try and be patient. Everything comes to those who wait ( I hope)!

 

Thanks for your support.

[geteven]

Hi Lusky and Reload

 

Any update on your cases so far? I'm intrigued as I'm about to take my Allocation Questionnaire into Court to get things moving.

[Lusky]

Hi Geteven,

 

Still nothing else to report although I have noted from a few other threads that some have waited a month after returning the AQ before receiving a settlement offer.

[reload]

Nothing here either. I'm tempted to phone Martineau Johnson and give them a gentle nudge - something along the lines of "Hi, I've got my Allocation Questionnaire here in an envelope ready to file, but I've heard that you sometimes settle before the questionnaire is returned..."

[Taffoire]

I returned my AQ last week, deadline is 7th July. Lloyds still haven't returned theirs yet so I eagerly anticipate the postman every day with a lovely letter from MJ! I was thinking about emailing MJ along the same lines as you reload, but to be honest I'm a bit too apprehensive to intervene at this point incase it affects my case in any way!

 

Taff x

[Lusky]

Just rang the court, was told that the case was passed to the District Judge on 26th June but they have a backlog. Looks like it could be a while before hearing date is set. Still nothing from Martineau Johnson.

I have read a few posts about hearing dates being stayed awaiting the outcome of a test case. Does anyone think this might be causing delays with settlement offers? My case is being handled in Basingstoke C C - anyone else claimed there? Trying my best to be patient but having a "what if.... " day!

[reload]

It seems to only be Glos (Gloucestershire?) CC which is staying cases in leiu of a test case. As Bankfodder has mentioned, people are well within their right to object to the stay too, as it could delay their case much, much longer than it needs to be.

[Lusky]

Thanks Reload. I am dying to know if your letter will be there when you get home!

[adamski]

Can i ask what this "test case" is i.e. is an upcoming case and does it affect small claims etc and what it will mean to us who are trying to claim?

This is worrying me

Regards

adamski

[Lusky]

Adamski, the details are in the thread posted by jifjaf. I have tried to post a link but can't seem to get it to work!

[reload]

In summary, it seems as though a judge at Glos CC has taken it upon himself to put a stay on bank charge claims until a test case has been heard by the High Court. Whether or not this will affect all cases put through Glos CC, or when this test case may be we don't know.

[Lusky]

I've just been thinking as I hope I am not far away from settlement now-I also have a LTSB credit card with some arrears and over limit. I have sent a DPA for this account ( going to start a different thread for it ) and am waiting for charges details. When I get my settlement for current account, could they automatically take anything I outstanding from the credit card when funds are paid into my current account? Do you think I could withdraw the money before this happens? Any thoughts please?

[Lusky]

Firstly good news, received settlement offer today for full amount with usual terms and conditions.

Also received the following judgement order from the court:

 

" Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order you must make an application to have it set aside, stayed or within 7 days of receiving it

 

It is ordered that

1) This case be stayed to enable the claimant to seek retros[ective leave to omit her residential addressfrom the claimform. Her address for service shown on page 2 of the claim form is not necessarily her residential address.

2) The claimant will also need to seek leave to amend her particulars of the claimto specifically plead the principle of common law upon which she relies giving authorities, if appropraite"

 

What on earth does that mean???

 

I have returned the settlement letter today with confidentaility clause crossed out. Do you think I will still get my money now without amending my claim?

If I need to amend it not sure what I need to do....?

 

Never heard of this before can some please advise me urgently ?

[barracad]

Did you put your permanent address on the claim form? I do not understand why they are referring to your residential address.

 

It should not matter anyway now that you have been offered full settlement.

[barracad]

Also what did you put in your particulars of claim? Did you quote all relevant laws etc?

[Lusky]

I put my home address on the claim ( have lived here 10 years !) and used the template from the forum for the claim particulars. No additional info on the AQ.

I am extremely worried now!!

I know I have the settlement letter but presumably they will receive a copy of this judgement order so might withdraw it?

[barracad]

" Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order you must make an application to have it set aside, stayed or within 7 days of receiving it

 

It is ordered that

1) This case be stayed to enable the claimant to seek retrospective leave to omit her residential addressfrom the claimform. Her address for service shown on page 2 of the claim form is not necessarily her residential address.

2) The claimant will also need to seek leave to amend her particulars of the claimto specifically plead the principle of common law upon which she relies giving authorities, if appropraite"

 

Is this the full text? Are there any other points after these 2?

[Lusky]

No further points, this is the exact text word for word.

[barracad]

My guess (and it is just a guess) would be that the bank have contacted the court and said they don't recognise the address, and that you need to expand on your Particulars of Claim.

 

My suggestion would be to contact the court directly and see if you could get any more clarification as to why you have been sent this and what the problem with your address is.

[Lusky]

Thanks I will contact the court tomorrow.

Do you think I need to amend the particulars of my cliam to include the following?

"In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498; the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Wilson v Love [1896]; Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79; Ford Motor Co v Armstrong [1915]; Bridge v Campbell Discount Co. Ltd [1962]; Murray v Leisureplay [2004]."

Seems odd that I have used the template for my particulars the same as everyone else. I now feel completelely out of my depth with all this legal stuff.

 

Any other comments or advice would be gratelully received.

[Lusky]

If any one else has any other advice on the above I would be really grateful.

I am in quite a panic about this new development.

 

Thanks

Lusky

[reload]

Hey Lusky. No need to panic, you've got everything well and truely in hand as near as I can tell, especially if you used the template particulars of claim, and have the additional info to back it up. As mentioned by PM, it sounds to me as though there's been a bit of a blunder somewhere along the line - for a start Lloyds won't be able to raise an objection on your address, as it is your residential address after all!