lloyds to small claims tomorrow

[sjmg]

hi,

 

i have put a claim in against lloyds, which was applied to be set aside as they claimed the only got the notification after judgement was passed (i sent it to their branch) and that they claim the details were unclear (the word limit in claiming online does not allow each specific charge to be entered) despite me having sent a solicitor drafted letter to them some months beforehand requesting all charges be refunded, and detailing each one, date and reason. however, i have a copy from the court of their defence, which also states the penalties are fair and i was in breach of contract. as far as i can gather, the law is on my side, but their insistence of going this far is shaking my confidence a little, and i would like some guidance if there is any to be had, and is there anything other than all the copies of the original letter i sent that i should take tomorrow- specifically to counter their defence relating to the legality of the charges?

 

many thanks

[bobflemming]

Are you going to court tomorrow with them?

[bobflemming]

Can I ask how much you are claiming?

[sjmg]

hi,

 

well as i suspected the judgement weas set aside until january, a delay not a loss so i'm not that concerned. they sent a rep to present their case for a set aside, and the judge was clear that even though they want this on the basis that they never recieved the initial claim until after a default judgement was made, that in fact it was their own fault, but agreed a set aside as he said what needs to be argued is if the charges are fair or not. so i have to resubmit the claim, and they their defence, and go around the merry go round again.

 

they are just being arrogant, belligerant b*stards, thinking they can sweat the small guy out, but its not going to work. on another forum someone in a similar predicament said that the judge at their case hearing said (they is claiming against llloyds too) that all the courts are sick of the banks wasting everyone's time.

 

hope this helps someone, its not over, just delayed, and i will get my money.

 

atb

[bobflemming]

Did you send the prelim and LBA recorded? Is that why they said they never recieved it? Or was it because of something else?

[PhantomReclaimer]

On the subject of the banks wasting the Courts time. I've had two claims against IF both of which they initially indicated they would defend only to bottle it a few days before they had to enter a defence. Paid up claiming that it would not be cost effective for them to spend money defending - yeah right.

 

Point is, that it is clear that whenever they acknowledge service with an intention to defend they obviously have no intention of doing so. They are, in my humble opinion, sailing very close to the wind legally by informong the Court that they intend to defend when they actually don't, and are just using the rules of acknowledgement of service as a final bit of intimidation against the claimiant.

 

I've got another one to file against IF beginning of next month (charges due to DD failing because of their previous charges) and will be enclosing a letter to the Court to this effect.

 

With reference to your MCOL situation.

 

You have to make sure that you get everything right from the outset. The form at MCOL is not very big which is why I don't use it any more but file in person at the Court. If you can't get everything on, don't use it because the defendant can say perfectly legitimately that your claim has not been properly compiled.

 

P.

[sjmg]

hi bob flemming,

 

no i addressed the claim to the branch, which is the basis of their application for a set aside, what a load of rot. the judge and even the bank's rep (a solicitor acting for the bank's lawyers) both agreed it was the bank's responsibility, not mine, that they did not recieve news of the claim. sadly, they're bullsh*tting ways buys them more time, but ultimately doesn't change a thing, the amoral b*ggers just wasting tax payers money.

 

 

i think i may be a good case study of how to make this process more difficult. at least i know what to do right now.

 

are you claiming?

 

 

Did you send the prelim and LBA recorded? Is that why they said they never recieved it? Or was it because of something else?

[Guest The Terminator]

hi,

 

 

they are just being arrogant, belligerant b*stards, thinking they can sweat the small guy out, but its not going to work. on another forum someone in a similar predicament said that the judge at their case hearing said (they is claiming against llloyds too) that all the courts are sick of the banks wasting everyone's time.

 

hope this helps someone, its not over, just delayed, and i will get my money.

 

atb

 

The fact is that the courts are sick to the back teeth with the attitude of the banks and sooner or later a judge is going to turn around and severly repremind them.Why do these pedantic bas---ds think that they are above the law.Anyway good luck tomorrow