Help Needed -- LLOYDS/SC M claim form***Settled by Mediation ***

[Ganymede]

You can put in a complaint at any time they will have to hold until outcome

 

 

 

Hold the Court process?

[Guest Angel235]

Yes the court can stay the matter until outcome

[Guest Angel235]

So did you make a complaint to the ppi department or is this the first it has come up?

[Guest]

Yes the court can stay the matter until outcome

 

that itself would prob require an application for stay.

as it is at questionnaire stage, maybe one option is to request mediation, where it will be stayed for such, and could poss discuss issues there?

otherwise, as is, to amend defence and/or counter claim (as defence has already been served a formal counter claim would need courts permission on application).

Edited January 14, 2014 by Ford

[z4thras]

i submitted new defense to lloyds as i understand i can change defense with there agreement, but alas they didn't want to play ball so waiting to hear from court and will put an application for strike out or Defense chnage

[z4thras]

bit of an update SCM has broken off communication and not responding to any requests for further information. I applied to the court for an application for lloyds to provide the documentation in their claim or it gets struck out which has been listed at the same day as the hearing in April.

I found a letter dated 2009 from lloyds regarding PPI & Charges compliant to which i have sent them a copy requesting further info. i have even chased them for a response, is there anything i can do to force them to responce or do i put a compliant into the court. I need to phone the court to see if they have paid the listing fee i have been in limbo for over a month now.

[z4thras]

still no response from lloyds/SCM now over a month what do i need to do?

[AndyOrch]

What exactly did you request in your application...did you include a draft order?

[z4thras]

I put in an application for Lloyds to comply with CPR31 and this was draft order, although it has been listed as same day as claim hearing

 

1. Unless by 4:00pm on 25th February 2014 the Claimant complies with a request made by the

Defendant on 8th October 2013 pursuant to CPR31.14 by the provision to the Defendant of documents

documents mentioned in the Particulars of Claim, namely (1) the agreement (2) the default notice (3) the termination notice (4) the Monthly Statements the claim shall stand struck out and the Defendant shall be at liberty to enter judgment against the Claimant without further order of the court, and the Claimant shall pay the Defendant his costs of this case to be assessed on the standard basis and pursuant to the provisions of The Litigants in Person(Costs and Expenses) Act 1975.

 

2 In the event that the Claimant shall comply with this order,

the Defendant shall file and serve a Defence by 4:00pm on 11th March 2014 (28 days from date of application) and

[ii] the Claimant shall pay the Defendant his/her costs of this application.

[AndyOrch]

Okay so with the Notice of Hearing has the court not detailed directions for each party in prep for the hearing?

[z4thras]

Yes standard directions of bringing original docs to court .. plus providing witness statements 14 days prior to Hearing.

I can post when i get home if required

[AndyOrch]

No no need to.....and providing you with copies pre 14 days?

[z4thras]

Yes i believe that is the case

[AndyOrch]

So whats the problem ...if they fail to serve then you push your Draft Order...if they do comply then the claim proceeds.

[z4thras]

Yes makes sense now .. i was after correspondence to help my defence / witness statement .. but you have put that in perspective

Many Thnaks

[AndyOrch]

Hopefuly you wont be needing a Defence or WS:wink:

[z4thras]

one would like to hope so, i need to ring teh court to see if they have paid the listing fee, and il be getting the mediation form back ASAP although i doubt SCM will do the same

[z4thras]

one would like to hope so, i need to ring the court to see if they have paid the listing fee, and il be getting the mediation form back ASAP although i doubt SCM will do the same

 

 

Just rung the court and been advised Lloyds have paid listing fee.. court advised to write to them explaining the circumstances of Lloyds not responding to requests and seeing if the judge will list the unless order for disclosure (N244) application to earlier then the claim hearing date. or would it be better to wait to see what lloyds serve?

[z4thras]

Just had a letter from the court today ,,

pursuant to CPR 37.4 lloyds were ordered to pay the court fees by 28th March ( they were supposed to pay 6th March) the claim will be struck out and will be liable for my costs.

[AndyOrch]

Their late payment will be accepted and the above Notice will be void now...I would look to bringing the application hearing forward if possible.

 

Andy

[z4thras]

thansk ill write to the court asking them to shift the application heariijng, but the all along SCM have not followed the CPR process, which i will also highlight in letter

[z4thras]

I have hand posted letter though courts door hopefully they will bring application forward. What do I need to put in witness statement.. i have my amended defence as a starter.. i assume i just need to add the history in my own words

[z4thras]

update.. court didn't entertain bringing application hearing forward, although i also did write to the court recently to point out all the none compliance to CPR, i did get a letter back stating they expect SCM to follow directions.

so a day after the witness statement were due in the court and SCM has mine, SCM has not sent their and will not till after mediation on Monday. Im going to write to court again noting that they have not filed witness statement.

any advice?

[AndyOrch]

Writing to the court has no affect...if you wish to impose a sanction it must be by way of an application N244...in that the claimant has failed to comply with a court direction.

 

Regards

 

Andy

[z4thras]

ok another £45.00 so how would I draft an N244 for sanctions, is it similar to disclose or strike out application?