**ANOTHER** Lloyds TSB **WINNER!**

[nearlythere]

This is the paragraph I inserted in Section G of my AQ which was an N149 form.

 

 

'I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

This was in one of the template libraries.

[Michael Browne]

No, that's fine. The 'new strategy' and draft order is merely a way of hopefully speeding things up a bit, but even that relies on the judge agreeing to it and they often don't.

[nearlythere]

Had me worried there for a while. Goes to show that you read all the threads with great detail. JUst one thing, do they wait send in their AQ or wait until they've heard that mine has been sent in. Daft question but....

[Michael Browne]

Daft question but....

Sorry, only answer sensible questions!! lol

[nearlythere]

Ha! Cheers.

[LEECHTHEBREACH]

They will problably forget to send in there AQ and you can then apply for judgement!!!!!!!!!!

[GaryH]

They will problably forget to send in there AQ and you can then apply for judgement!!!!!!!!!!

 

Unfortunately not - there is no default in exceeding an AQ deadline. Write to the court if they don't submit it, who should then issue an unless order giving them a further 7 days.

[nearlythere]

Is it worth at this stage, to conctact SC&M to see if they are prepared to setle or get instructions to settle or let it run it's course. Could really do with the money, paid out £220 in court fees etc. They have until 23rd March to return their AQ, mine was sent in on Friday.

[LEECHTHEBREACH]

I am afraid nearlythere your are wasting your time phoning ****, until you have a Court date, there AQ will be at least a week late, they are the most inefficient company I have ever come accross,

Leech

I will show you the letter you send them and the Court later.

[nearlythere]

Anyone got a link to the 'court bundle', I can't seem to find it. My AQ was given in to the court on Friday 9th March, they have until 23rd March to give theirs in. Thought I'd start looking through the requirements of the bundle to be prepared. Thanks.

[Heropanda]

hey just keep checking your account to see if they pay up, my AQ was due in on 21st March and they paid up on monday of this week so it could be with you any day!

[nearlythere]

How much were you claiming for?

[Heropanda]

£2,770

[Bigdunc]

Hi all

 

As well as claiming back charges can i also claim back interest on my overdraft?

[nearlythere]

Snevillio, my claim is for £3500 including the statutory interest. Haven't heard/seen anything yet, did they pay you all of it outright into your account and without contacting you?

[nearlythere]

My AQ was sent in 9th March and Lloyds have until Friday 23rd March to send in theirs. If I hear nothing from Lloyds/SCM how do I know if they have returned their AQ. Someone has previously said they're always late sending it in, surely that's why the court give deadlines? Do the court let me know if they haven't returned their AQ? Thanks

[GaryH]

You can ring the court to find out if you like.

 

If they don't submit it within 7 days of the return date, the court should issue an 'unless order' - this means they are ordered to submit it within 7 days or the defence is struck out.

[nearlythere]

Just been looking through all my statements and reponses from Lloyds etc and in preparation of the court bundle to be supplied, AQ return deadline for Lloyds is Friday. Some of my 'statements' are account entries showing dates and amounts that have been charged to the account. Have I overlooked these as being suitable for a court bundle. Thanks

[LEECHTHEBREACH]

Yes, put these in your court bundle if you have claimed the charges from them,

Leech

[GaryH]

You do know that you don't need the court bundle yet, don't you? You only need to submit that when the court directs you to. This will typically be 4 weeks or so after the AQ's have gone back.

[nearlythere]

Yes, knew that they're not required yet. Just didn't want to have to produce them later on and find that they weren't sufficient. Also, as per a previous post, Lloyds defence pointed out that charges prior to Feb 16th, (court claim date), were statute barred. My initial request was for refund of charges from October 2000-October 2006 (thinking this was the 6 years) , but as per their defence only charges from Feb 16th 2001 were allowed. Presumably this means that charges upto Feb 2007 are allowed in the claim, but my POC and schedule only reflect the October dates. Do they include charges upto the settlement date that have accrued?

[nearlythere]

Have today received notification of Allocation to the Small Claims Track.

 

"District Judge ******** has considered the statments of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

1. Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing. (These should include the letter making the claim and reply)

2. The original documents must be brought to the hearing

3. The hearing of the claim will take place at 14:00 on the 21st May 2007 at ***** ***** ******* *****

4. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However, the court must be informed immediately if the case is settled by agreement before the hearing date.

5. No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

6. The claimant and defendant shall file at court AND serve on the other side their statement and witness statement with their copy documents. Witnesses should attend the hearing.

 

NOTE: Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The court must be informed immediately if the case is settled before hearing."

 

Presumably I must now prepare the court bundle. Point 4 encourages dialogue between parties, has this proved successful for anybody else on here or does it not pay to do so?

Thanks.

[Michael Browne]

They will of course settle eventually whether you write or not, but at least the following will show that you're trying:

 

Dear Sir,

 

Claim No: XXXX

XXXX v Lloyds in XXX County Court

 

I refer to the Allocation Order dated x/xx/xx made by DJ XXXX and I am writing to you in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, all my previous attempts at dialogue with your client have been met with outright refusals to negotiate this matter, and on **/**/** I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £***.

 

In light of the court order encouraging the two parties to negotiate settlement, I will await your communication informing me of how you wish to proceed. I trust this will come before **/**/**, as this is final day before documents must be filed and served.

 

A copy of this letter will also be sent to the court.

 

Yours faithfully

 

[nearlythere]

Thanks for that MichaelBrowne. Do I need to send a copy to the court before the court date or keep it until I send in my court bundle. I know it all adds weight in my attempt to avoid the courts.

[Michael Browne]

Do I need to send a copy to the court before the court date

Yes send it at the same time as you send to SCM