A Couple Of Queries ***WON!!!!!!***

[Laura Cooke]

Advoc

 

I have seen the draft order but don`t know how to print it off from the link?

[Advoc8]

You'll need to copy and paste it into a word processor, editing to put in the names of the parties as necessary.

[Laura Cooke]

Will ask daughter to see if she can sort it for me I only know how to email no idea where word processor is or what copy & paste is I don`t use computer other than for looking things up and emails apart from that know nothing about them or about anything on here LoL daughter will visit tomorrow so hopefully she can point me in right direction, hubbie doesn`t even know how to email so feel I`m not as thick as him mind you come a close 2nd

 

At least I know what`s what now about this draft order just obtaining it and filling it in is another hurdle

[BARTY]

Hi

Got your PM, but it looks like Advoc8 has sorted you out, and hopefully your daughter will help you as well.

Don't worry it'll soon be over!

Barty:)

[Laura Cooke]

Thanks Barty daughter sorted it this evening when she called, I wish I could grasp things easy like folk on here but I know very little about computers so it`s twice as hard finding my way round a site and then when I do I am not intelligent enough to sort majority of things out, the whole experience hasn`t been very pleasant without a few people on here coming to my aid I wouldn`t even have a claim to anything so pleased some have bit their tongue and put up with me

[GuidoT]

I am still here, others seem to answer your questions before I can. I told you before, stop putting yourself down, you are doing fine.

[lazybones]

Hi Laura

 

Popped in to wish you good luck with your claim and to say keep chin up we're all rooting for you.

 

Not only the ones that have given such exellent help and advice (Well done Guys and Gals) but every one that has followed this thread.

 

I feel PROUD of YOU

[Laura Cooke]

Thanks to you all especially GuidoT I know his patience as been put to the limit on tiring evenings but I`m lucky to have folk still hanging in there. On my Draft order did I just need to put sons surname and Lloyds Tsb or should I put PLC as well? as the questionnaire only had sons surname on that`s all I have put on the draft order

[Michael Browne]

Mr X.X. Cooke v Lloyds TSB Plc

[Laura Cooke]

Thanks Michael

[Laura Cooke]

Lloyds Tsb had 2 weeks to pay up after questionnaire went in that was up today if we are not giving them exttra days for Good Friday & Easter Monday now what happens? I am off away in morning will look in on the site whilst away

[Laura Cooke]

No replies ? anyway suppose there will be goodbye from a very warm Benidorm

[GuidoT]

Next the judge will issue directions, these usually include a court date and requirements for further documentation.

[Laura Cooke]

Thanks GuidoT what will the further documentation be? dont think we can provide anything else, I was sure this would have been sorted by now after reading cases on here some received settlement once questionnaire went in trust us to not be one of them, if it goes to court we wont go I would be stuck for words would make a real mess of things, they say no case has gone to court probably ours will?

[GuidoT]

For further documentation see here (warning this is a lot to take in):

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Everyone thinks theirs will go to court, until invariably it settles. Given the comparatively low value and that you are not claiming contractual interest or charges older than 6 years, your claim is less likely to end up in a hearing than other claims.

 

You will be fine.

[Laura Cooke]

I have real problems not heard anything from court but cannot locate a statement for the first charge we are claiming I sent my statements to someone on the board who as helped at the beginning then through personal circumstances the person is no longer around they had lots of my documentation I cannot see anywhere of proof of this first charge

 

Secondly a charge of £90 seems to have been refunded some days later after it was charged and this is being claimed by us

 

I have rung son last night and told him looks well like we have lost the claim because of this, I have been able to print statements off the internet but I cannot find anything for the first charge and this £90 shows a charge but shows as refunded from what I can see a few days later

 

I am going to write to the person who had all our paper work in the hope that they will send the papers back but as previously thought I knew all this was way out my league I never thought things would be this hard I never expected it to go this far after reading posts on here I just thought they would settle up after the questionnaire went in

 

I have bitterly let my son down I now wish I had followed my instinct and gone to a company to deal with this for us

[GuidoT]

That you have heard nothing from the court is nothing to be concerned about.

 

From sending in your AQ to hearing from the court again can be anywhere between 2 and 12 weeks.

 

You have not lost your case because of what you say above, your claim can be adjusted for the £90 if it has been refunded and as to the statement that is missing do not be concerned about that - if Lloyds deny that they levied the charge then we are going to have some difficulties, but they are unlikely to do this.

 

You are doing fine, just be patient and wait for the court.

[Laura Cooke]

Oh GuidoT where would I be without you I was convinced the case was lost, I am dumfounded as to where this £35 charge is it shows up nowhere not even if it was refunded

 

I will wait in patience now to hear from the court I have all the other statements off line

 

Thanks for putting my mind at rest much obliged to you

[Laura Cooke]

Son had a judgement letter today from the bank with instructions what do we do now especially as I have since found out £90 on the claim has been refunded and the first £35 charge I had down on the claim I cannot find any proof of this nowhere

[dolly]

Copy the letter - we have no idea what you can do unless we can see what you are talking about

[dolly]

Hold on - are you saying that you received a settlement letter from the bank? Or a judgement from the court?

[Laura Cooke]

General Form Of Judgement Or Order from the Court got 28 days to sent documents etc what we are asking for in charges

[GuidoT]

Can you post up the exact wording on the order, have you got 28 days or Lloyds?

[Laura Cooke]

23rd April 2007. Upon the courts own motion. The court has made this order of it`s own initiative without a hearing. It is ordered that.

 

1. The claim be allocated to the small claims track on a date and time to be notified to you, with an estimate of 1 hour.

 

The claimant shall within 28 days of service of this order send to the defendant and to the court. A) A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason (if any) for that charge being made.

 

B) Copies of any statements or other documentation relied upon as showing that each and every such charge has been made

 

C) A statement of evidence if such is relied upon, as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties, and if so, identifying the relevant clause(s) pursuant to which charges were applied

 

D) Copies of decided cases and other legal materials to be relied upon

 

If the claimant fails to comply with this order, the claim will be struck out without further order

 

The letter says we both have 28 days (Lloyds defendant) and the Claimant

[Michael Browne]

A. Schedule of charges (spreadsheet)

 

B. Copies of bankstatements (just ones with the charges)

 

C Statement of Evidence. See Here:

Statement of Evidence - for Draft Direction Order

New strategy for Allocation Questionnaires

 

D. Court Bundle see here:

Basic Court Bundle

 

Looks daunting and the Court Bundle is quite a lot of printing, but you've got till the middle of May, so just do it gradually

 

3 copies of everything, 1 for Lloyds, 1 for the court and 1 for you.