Luton Vs Lloyds TSB- Quick Question??

[mack187]

Good Morning all

 

 

I just have a quick question about dates that I need help with.

 

I filed my moneyclaim against Lloyds TSB on 18th September and it was deemed served on the 23rd September giving Lloyds until October 8th to acknowledge the claim, they did acknowledge the claim on 2nd October and said they intended to defend, it also said in this letter that they now had 28 DAYS to file a defence, now my question is, does this mean they have 28days from the 2nd October or 23rd September?? Obviously if it is the latter they dont have much time left and I can think about entering a judgement by default.

 

 

Anybody who can clear this up for me it would be greatly appreciated

[mack187]

**Bump**

 

Sorry to bump this post, just really wanted an answer today so I can stick it to Lloyds, if the 28 days is related to when the claim was deemed served their time is nearly up

[livelylad]

**Bump**

 

Sorry to bump this post, just really wanted an answer today so I can stick it to Lloyds, if the 28 days is related to when the claim was deemed served their time is nearly up

 

They have 28 days from the date the claim is deemed served. Usuall 5 days after you submit the claim.

[mack187]

Well, Lloyds defended at the last possible moment, which as I understand is pretty typical of them. Usual stuff " you signed a contract " etc...

 

 

 

Now I have this allocation questionaire to fill out, I have looked through the forum but could not find any advice on this, if anybody could post a link that would be great?

 

Here's hoping

[121o121]

Try this thread in the templates section.

 

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

 

Regards

 

Karl (from Ampthill)

[mack187]

Filled in the allocation questionaire, my claim is just over 1,500 quid, didnt realise I would have to outlay another 100, seriously thought about giving up,just due to the expense and the stress, but that is just what the bank wants, decided to go right to the end - Win or Lose.

 

Anybody know who I make the cheque payable to?? Couldnt find it on the documents or the website!?

 

 

Im in the home straight now

 

Power to the people

[jendoc]

Hi.......make out the cheque to which-ever County Court is dealing with your claim i.e. Manchester County Court, Cardiff County Court ect!

 

Jendoc

[mack187]

Hi

 

Update on claim and some questions

 

-Allocation questionnaire sent back to court with £100 fee, Lloyds have now sent me their Allocation questionaire and asked me to send them a copy of Mine??(didnt realise I had to do this, is it a problem?)

 

 

-They have also asked for procedings to be halted for a month so we can attempt to settle, I realise these are probably just masked stalling tactics on their side but am I now within my rights to contact them and basically say

" come on then, Lets Settle?"

 

 

As always, any help is greatly appreciated

[121o121]

you don't have to send them a copy of your AQ, its just curtious if you do.

 

which is your local county court?

[mack187]

my local county court is Bath, Somerset

[mack187]

Lloyds also said on the allocation form that they would be bringing ONE witness, Is this normal procedure???

[mack187]

Their witness must be the person who takes all day to send me a letter telling me I am going to be charged hence justifying the Charge!

[BARTY]

Hi

Yes this is standard.

Good luck!

Barty

[mack187]

UPDATE:_

 

Good News....I think

 

 

After Lloyds had asked for proceedings to be delayed for 1 month so a settlement could be agreed I waited a week or so and then got on the phone to SCM to find out what was going on, they told me that they had yet to hear from Lloyds tsb and would let me know, I followed this up with a letter stating that I was perfectly willing to negotiate a settlement, I wanted to show that at least I was trying to make contact and settle and suggested they should do the same especially as they were the ones who asked for a halt in proceedings, basically they have stonewalled me since then, not replying to my letters etc....

 

I have since sent a letter to the court voicing my displeasure at them asking for a halt in proceedings to settle and then making no attempt to contact me and generally abusing the system.

 

 

I phoned the court today to see what was happening and they told me that in light of my letter my file had been passed on to the District Judge to look at and reach a decision, Now, Im not sure if this is good or bad but at least I know something is being done, has this happened to anybody else where the district judge gets involved.

 

 

Any advice greatly received

 

Best wishes

 

Tristan

[mack187]

from reading other threads it would seem I am on the right track with it beng passed on to the district judge, hopefully it will shake up SCM enough so they get moving.

[GaryH]

Hi Tristan,

 

Credit to you for writing to the court. You done the right thing. They're blatently abusing the court process by requesting stays under false pretences, defending then settling on masse, etc, so the more people that bring it to the attention of their relevant court the better.

 

I agree that it is good news that the judge is looking at it and hopefully you'll get the same sort of outcome as Sagaloo, where the judge ordered that Lloyds solicitors explain their actions. They went on to settle pretty sharpish after that! - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/14311-sagaloo-lloyds-tsb.html

 

Let us know how it turns out.

[mack187]

Great NEWS...on my Birthday as well.

 

Got a letter from SCM today offering settlement.

 

 

However...the fee's for the money claim and allocation questionaire were not included and I want to be paid by cheque rather than having the money go into my account, it is my monety after all.

 

 

Should I fax them back and ask for these things to be added, and the other conditions to be taken out????

 

 

Very happy otherwise though, thanks for all your help guys

[BARTY]

Congratulations and Happy Birthday!!! :D

Yes fax them, they should give you all the Court fees etc back.

Barty

[GaryH]

Don't accept anything other than a full settlement including costs. I personally would'nt (and did'nt) accept any conditions either, but thats your call.

 

Very doubtful that you'll get payment in the form of a cheque - they have point blank refused this up till now. Try it by all means, but I doubt they'll agree and I'm not sure what the legal basis is for being able to insist on one.

[mack187]

Hi all

 

Thanks for all the support, just sent the fax refusing the settlement unless costs are included and only accepted one condition which was an account review, I have no problem taking two minutes out of my day to tell them where to shove their account.

[stemc]

:o hello anybody just received my statements and some other sheets that look mumbo jumbo to me the last two year statements are very shorthand and very brief hope they are not cutting corners and do i include all my overdraft usuage fees