jcd34 v Lloyds ** WON **

[jcd34]

N1 form done and waiting to go !! Im happy to post the wording i used for each section if anyone wants me to at any point . Now its just fingers and toes crossed !

 

[jcd34]

N1 filed at court today .Dont have a claim number yet as apparently the court have to check my application for exemption of court fees before they issue it .have been told to phone back in 7-10days to get claim number and date of issue /service . But its a big relief to have this step started !

[jcd34]

ok so i know im being premature but im now reading up on the allocation questionnaire i will probably be sent .Most of it i understand but can anyone tell me what you put in section G when it asks for any other info to help the judge manage/clarify the claim ?

 

would you just be putting in something similar to the particulars of claim on the n1 form ? Im a bit lost .

[Michael Browne]

You can argue for standard disclosure:

 

SECTION G STANDARD DISCLOSURE

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. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

[jcd34]

Brilliant ! Thanks alot for that Michael .I appreciate the help.

[jcd34]

I phoned the court today as i filed my claim last week but had to wait 7 days to make sure my exemption from court costs went through .was given the claim no and a date of 3/11/06 as date i will get my copy of the N1 back .So is this the day that it will be served to Lloyds ? Woman on phone was not very helpful ( and my baby was yelling ) . Just checking this is right so i can pm my claim no to a moderator and then count down the 7 days that Lloyds have to acknowledge the claim .

[Michael Browne]

Your notice of issue from the court will have the deemed date of service on it and Lloyds have 14 days from that date to acknowledge.

[jcd34]

Thank you for that Michael .The confusion was the court had messed up the dates on my notice of issue but its sorted now and will be deemed served on LLoyds tomorrow ! I can start ( another ) countdown now !

[jcd34]

So , just an update on my claim .It was deemed served on the 3rd nov and Lloyds acknowleged it on the 6th saying they intend to defend all of the claim .Thank goodness i`ve read ahead on this site so i`m not phased by this but i was surprised they acknowleged it so quickly !! So now i`ll have to keep on counting till the 28 days are up .In the meantime i need to chase up the fact that i havent received any statements from the bank for last month yet ( hmmm ..suspicious ..)

[jcd34]

Just an update . Had a letter from court today ;Lloyds entered their defence on the 23/11/06 .Letter of the Defence was a long winded 9 point denial of everything .Looking through several threads i`m assuming its pretty much the standard defence that Lloyds use so i`m not too worried.i am just waiting for the AQ to arrive now .I was surprised that Lloyds defended so early though as their 28 days arent up till 4/12/06 .

 

One point though - the letter states as one of its points that customers are warned by letter /on statements of charges to be taken yet between 2002-2004 i received no statements at all as Lloyds sytem had mistakenly altered my address .Would i then be entitled to bring up this point in future correspondence with SC&M ?

[jcd34]

I have received the Aq but have got the N150 version which looks daunting ! I have read the guides to filling it in but am stuck on section F Proposed directions :

 

Have you attached a list of the directions you think appropriate for the mangement of this claim ?

 

If yes, have they been agreed with the other parties ?

 

 

Is there something i should attach and what is it ? I would be grateful for any help on this part ,thank you .

[jcd34]

Ok , sorted out all the N150 form so far but under witnesses you have to put yourself and then put something down under `witness to which facts `.Really not sure what to put here . I was thinking to put that i am witness to the facts that charges levvied on my account are unlawful under Common Law ,Statute and Consumer Regulations but have no idea if this is completely wrong to put .Could someone please lend me a hand as i`m starting to panic that i am going to do this wrong now after getting so far . Thank you .

[BARTY]

Hi

Is there anything in here that will help?

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Good luck!

Barty:)

[jcd34]

Thanks Barty, but no there isnt the bit i`m stuck on in there .I`m thinking i just need to put that i`m a witness to the facts that charges have been levvied from my account and so keep it simple . Maybe i should take it down to the court to ask them before i return it ? Better safe than sorry ! Thanks .

[jcd34]

Ok , panic over thanks to some advice .AQ ready to copy and send .

[jcd34]

Ok , one last question on the AQ .Do i send a spreadsheet of charges again with it ? If so , do i use the one i used for the POC or update it to show the interest added on since then ? Basically , should the total claimed amount on the AQ be the same as on the POC or can the total on the AQ be greater to show the added on interest ( that the spreadsheet automatically updates)

 

Help pretty please ! I would really like to file the AQ by the end of the week .

[Michael Browne]

Send original Schedule. Daily rate will take care of interest between filing and settlement.

[jcd34]

Thanks Michael , i will do that .Thanks for your help.

[jcd34]

Just updating my timeline now as my internet access has been all messed up lately .I have sent in my AQ and had the AQ back from SC & M .They havent asked for a months stay to settle so i`m just waiting for a court date to come through .I guess the next step is to start doing my court bundle - its going to cost a fortune in ink and paper isnt it ? And unless i`m really really unlucky its never going to get as far as going to court .Wonder if i can save my receipts and get Lloyds to reimburse me !!

[jo1006]

Hi jcd34,

are you any further on? I've just been reading back through our thread and noticed you had posted so thought I would look you up.

We have posted our court bundles today, and yes it cost a damned fortune. I dont think we will be able to claim it back as part of the costs though!:-|

 

Tomorrow afternoon, I will ring SC&M to enquire as to the whereabouts of their court bundle, but I;m sure they will give me the runaround.

Let us know how far you are with yours, good luck and keep your chin up.

We're all rooting for you.

Mick and Jo:p:p

[jcd34]

Hi Mick and Jo . I`m no further on really ! The deadline for returning my AQ was the 21st Dec .i did it in plenty of time but am now still waiting to hear from the court .I phoned them today and there is still no hearing date cos of a backlog from xmas .It`s so annoying as i have now got to try and put off a few bill payments this week through lack of money whilst Lloyds just get to sit on MY money for longer !!

 

Good luck to you though - glad you got your court bundle done ok and i will re read your thread in a bit cos i`m sure it will have some tips for me in it !

 

Take care

[jcd34]

Have got my court date .Its the 28th february and letter says :

 

`` each party shall deliver to every other party and to the court office copies of all documents on which they intend to rely at the court hearing no later than 14 days before the hearing !!

 

It says the hearing will take no longer than 10 minutes !!

 

So there are no really specific instructions so i`m thinking that my list of charges and bank statements showing these / list and copies of correspondence with bank since S.A.R /court bundle /oft summary /early day motion etc and a covering letter would be ok .

 

Also i have details from bank of where they destroyed statemnets without me getting them when they had my address botched up in their system .Should i include that too as evidence that bank failed to contact me for a lengthy period ?

 

all advice much appreciated

 

jcd

[upton11]

JCD34, Hi

 

Is your hearing the full merits hearing or a prelim? It is just that 10 minutes seems a very short time allocation for a full hearing. Unless of course, your court has twigged on to the fact the these matters settle the day before and they do not want to waste court listing time. In any event good luck for the 28th, it sounds like you are nearly there.

 

regards

 

Paula

[GaryH]

With regards to your evidence, you need everything from the Basic Court Bundle from the templates library, all correspondence between you and Lloyds, your statements or account information provided under your SAR, a schedule, a transcript of the interview with Peter McNamara BBC radio -Sept 2004- sound file & transc, and edit this to suit your claim and add it to your bundle too - New strategy for Allocation Questionaires.

 

It is a lot of paper, but you do 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).

 

Upon the deadline for document exchange, if they haven't either settled (fairly likely) or submitted documents (very unlikely), then see this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

[jcd34]

Hi paula - yes ,it`s the full hearing and a number of cases the same are being heard that morning from 10 am - 1.pm it says .Thanks for the good luck !

 

Gary - thanks for your help .I have done my court bundles already and now have to do a letter and photocopy correspondence and 70 pages of statements ( !!!!!!!)

 

One thing i`m not quite clear is how to use the Mcnamara transcript .could you help me out please ? Thank you so much .

 

jcd