Tripledrop Vs Lloyds

[Tripledrop]

Ok, they've entered a defence:

 

"Defence

 

 

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

EDIT: What happens now?

[GaryH]

You will receive a copy of Lloyds defence, plus an allocation questionnaire. This will need to be completed and sent back to the court, and there are guide notes in the templates to help you.

[Tripledrop]

Thx very much

[Tripledrop]

I have just filled in my Allocation Questionnaire for my claim against Lloyds...

 

I've noticed that people who have won have had the money transferred (sometimes without notification) into their Lloyds account...

 

I recently closed my Lloyds account as I'm in a debt management plan and they were taking payments for my Lloyds credit card directly from my overdraft. Will this cause a problem? They won't put the money on my credit card will they?

[GaryH]

Not sure whether they'd take it off your CC balance or not, although I very much doubt it - if thats not the account your claiming on its not relevant to your claim. When the time comes for them to offer you a settlement, specify that the money has to be in the form of a cheque. I'm in the same position too, I closed my Lloyds account a couple of weeks back.

[Tripledrop]

Ok, thx

[Tripledrop]

I have sent in my allocation questionaire to the court. Yesterday I received a copy of Lloyds' one, and the solicitors asked for a copy of mine... Unfortunately I can't find the photocopy I took of mine! What can I do?

[Guest ian cognito]

The only thing you can do is ask the court for a copy - and get a bit more organised!!!

[Tripledrop]

I know, I'm lame!

 

I'll contact the court...

 

Many thx

[GaryH]

To be honest, I would'nt worry. You are under no obligation to serve a copy of your AQ to the other side, although it is considered 'good practise'.

 

Have they requested a month for settlement in section A? If so, send this to SC&M and a copy to the court; http://www.consumeractiongroup.co.uk/forum/lloyds-bank/12728-rinch05-lloyds-4.html#post369418

[Tripledrop]

Yes they did! Many thanks for the link, that's very useful!

[Tripledrop]

I was sent a letter by SC&M dated the 7/3/7, advising that Lloyds had decided to settle my case, and that I'd receive a cheque for the full amount within 7 - 10 working days.

 

On the 11th working day, I contacted SC&M to advise not received... They said to wait until friday (just gone) and if it still hadn't arrived, they would re-issue a cheque (which would again take 7 - 10 working days to arrive).

 

I called them on Friday, and nobody got back to me. The court date is today, so I intend to attend (2pm), and just hope that if they turn up, I'm not too ill-prepared!

 

Any advice at all?

[PKea]

Had you informed the court for a postponement whilst waiting for cheque to arrive and clear?

[Glenn UK]

Personally i would attend and speak with the court.

 

Its too late not too attend now imho bearing in miond that you dont have the cheque.

 

Glenn

[Tripledrop]

No, it's probably too late now?

 

I postponed before because of a personal matter, and it cost me £35 (or there abouts)

[GaryH]

Yes, I'm with Glenn. You should attend court.

 

SC&M will have faxed the court a copy of the letter they sent you. Tell the judge you've not received any payment and request a 14 day adjournment for them to cough up.

 

Also, make sure you request your costs of max. £50 for loss of earnings + travel expenses. If I were you I'd also request full costs of £9.25 per hour spent on the case, on the grounds that the defendant has behaved unreasonably. You've a very good chance of getting it I'd have thought. See this thread, about 3/4 of the way down - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[Tripledrop]

Do I request an adjournment even if Lloyds don't attend? Surely I win by default if that happens?

 

Do I need to proove loss of earnings etc? How many hours can I claim for?

[Glenn UK]

No don't request and adjournment just turn up take your correspondence to the court and explain to the judge whats going on.

 

Explain that despite several follow ups on your part they still haven't paid.

 

He/she will likely direct you, point out how peed off they are at the banks behaviour and ask if you have costs.

 

If the don't ask about costs you can ask bearing in ind all the trouble you have had to go to because of the banks inefficiencies.

 

HTH

 

Glenn

 

PS don't worry the judge wont be mad at you and will in all probability be annoyed at the banks.

[Gooders]

Hey Tripledrop,

 

IMO you have already won as they have offered you a full refund so no need to go down the default route yet.

 

I would do as Glen suggests

Tell the judge you've not received any payment and request a 14 day adjournment for them to cough up.

shows how understanding you are:rolleyes:

 

I would also take particular notice of his advice

make sure you request your costs of max. £50 for loss of earnings + travel expenses. If I were you I'd also request full costs of £9.25 per hour spent on the case, on the grounds that the defendant has behaved unreasonably

If they do not attend they cannot argue against this!!!!

 

Make sure you get what you are entitled to. Show the judge your offer letter and explain what lengths you have gone to already to resolve this matter and the unreasonable delaying tactics enployed by these gits. The extra money could mean a nice meal out with some bubbly to toast your sucess!!!

 

Gooders

[GaryH]

No, you would'nt necessarily win by default - usually if the defendant doesn't turn up the claim is heard on your evidance only. However, they've already indicated they will settle so the judge will 99.9% accept this and adjourn to dot the i's and cross the t's - an adjornment would be standard procedure in instances such as this.

 

£50 max for travel and £50 max for loss of earnings is allowed for attending a hearing in small claims track cases - I don't think that you need to prove this with receipts of anything like that, or at least I've never had to anyway. That said it would obviously be better if you did.

 

Seperately from the above, on the grounds of unreasonable conduct you could also request your entire case preparation costs at £9.25 per hour. It would be advisable to draw up a breakdown of costs and present them to the judge and request he orders them - the basis for the unreasonable behaviour is set out and explained in the link I posted for you.

[Glenn UK]

As per Garys suggesting about preparing a schedule of costs, there is a link posted on my thread Glenn Vs Abbey around page 18 i think with a copy of mine if it helps.

 

Glenn

[Tripledrop]

Thanks for all your help... I did just use your costs sheet, very helpfull!

 

I'm about to leave in the next 20mins for court, wish me luck!!

[Glenn UK]

you dont need luck

 

have a good time and dont be nervous.

 

Glenn

[GaryH]

You'll be fine;)

 

Let us know how it goes.

[scuzziemoo]

ooooh how exciting, hope you get on ok