Rjh v Lloyds Tsb * WON *

[rjhsteel]

Received the Allocation questionaire today. Just filling it in now. Because i'm claiming just over £1000 i won't have a fee on this questionaire...is that right?

[feralkat]

My letter from the court that came with the AQ states "where the claim is over £1,500 the court fee of £100 is payable to **** County Court"

 

So I would say that as your claim is £1000, then you don't have to pay the fee.

 

Feralkat

[rjhsteel]

Cheers. Looks like you're at the same stage i'm at.

[feralkat]

Yep - I think so . I'm just annoyed that I have to pay up the £100 even though chances are they will settle just before court. Its a waste of my money (initially) and Lloyds money in the long run. I bet that Lloyds don't even know that the solicitors are doing it just to earn more money for themselves

 

 

Feralkat

[rjhsteel]

Its certainly a long drawn out process.

[rjhsteel]

I'm sending the Allocation questionaire back today, how long roughly does it take to complete this process through to payment?

I started all this way back in april!!!

[Mindzai]

From what I've read it varies. Make sure you send a copy to Lloyds solicitor though, that seems to help get them moving.

[jadest]

Hi I am around a week behind you so please keep us informed of your timescale cause mime wil be about a week after hopefully. thanks

[rjhsteel]

Ok, will do.

[rjhsteel]

Quick update: The court have received my AC, but nothing from Lloyds.Closing date was 11th Sept. Think they only have three days from that date to send theirs in. That right?

[GaryH]

They were nearly two weeks late with mine!!!! The court will first write to them giving them x amount of time (usually a week) and if they still have'nt furnished it by then, you'll win, although this would be highly unlikely. In my case they finally sent a copy to the court and also to me - in one envolope was their A/Q, and another was a (conditional) settlement offer. Keep your fingers crossed, it could be the same for you. Then wether or not you choose to accept the conditions or not is another matter of course....

[rjhsteel]

Just received a letter from Sechiai, clark & mitchell.

Basically they have sent off their AC and have enclosed a copy and are asking for a copy of mine.

Thing is, i havn't got a copy of my Ac.

Is this gonna be a problem?

[GaryH]

No. You're under no obligation to send them a copy of your A/Q. It is considered good practice too, but thats hardly something they've ever given consideration to is it? Sod em.

[rjhsteel]

Cheers. Thanks for putting my mind at rest.

[jadest]

I got there copy of A/C today, have they asked for extra time on yours? On mine they ask for a months extra to settle or negociate, (I think it is just a delaying tactic).

[rjhsteel]

Yeah. I just noticed that.

 

Settlement

Do you wish any further action in this claim to be postponed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alternative dispute resolution?

 

They ticked yes.

[barracad]

They make you laugh... they've already had well over a month to settle with you, and now they're asking for another month!

[GaryH]

Rjh,

 

Have a look at Jadests thread, I posted a letter to send to SC&M which you can use if you wish

[jadest]

Hi they are going to be busy answering all the letters, fax's or phone calls, Lloyds will end up owing there solicitors a fortune as well as all of us!

Luv Jadest

[jadest]

Hi Rjh, Did you send your letter, and if you did have they replied? I sent mine and they have not replied, I have call them again and they still say they are waiting instruction from Lloyds hope you are getting more joy than me...

[rjhsteel]

Received a letter from the court:

 

Upon the courts own initiative

 

IT IS ORDERED THAT

 

Claim be Stayed and to be referred to district judge dudley in box work on 23rd October 2006.

 

What does this mean exactly?

[jadest]

Hi rjh, I have no idea what that means, sorry I can't help you, you could try calling the court to ask them to explain!

Jules x

[rjhsteel]

I've had some more charges come out of my account since i started this claim. Can i add these to my claim somehow? How would i go about it if so?

[Michael Browne]

By amending your claim for £35 (unreclaimable) which will add further delay and aggro. I wouldn't recommend it at this late stage. You can ask for these at final settlement with the threat that you'll make a 2nd claim and if they refuse do just that.

[jadest]

I got order from court for small claims court on the 25th January 2007 I called the court to ask why such a long wait. They said tit was because the jugde in Chesterfield wanted all bank claims on the same date and because he wanted that date to be after the Houses of Commons had met to make a ruling on it. Any-one know what that is about? Is there a chance we might not get our charges back?

 

SC&M have said that Lloyds usually settle in order off the court dates.

Rjh I have more charges to add on too... i will ask for them to be added on only when we get to final settlement stages.... with the thret of 2nd claim!