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    • Homer did say not to contact DR+.   If that's all the paperwork you have, sit tight and see if a letter before claim/action turns up. If you get one - and you may not, come back here and we'll help you to write back.    Or if you get more threatograms, let us know and we'll let you know if you need to take any action. In the meantime don't write to anyone and keep any correspondence for now.    HB
    • Hi DX   That is the only info letter I have we can't locate the first letter or original parking fine notification My wife said there wasn't  anything on the car windscreen. Do I ask the DC for the original notification ?   what shall I do just wait until they pursue through court ?   apologies for lack of info  Cancookwill
    • Hello, I've been following this thread and have some experience to share... Stand by for lots of words.   About 6 weeks ago, the engine seized on my car - 10 days before planning to use it for our 2 week trip around the UK!  I searched the internet for companies who could replace/rebuild the engine and get it back to me in time... One company that came up was 169 UK. I called the number and explained my predicament and the chap on the phone (who called himself Lee - I'm not convinced this was his real name) promised that if the vehicle got to him the next day or so, he'd have it done in time for our holiday!. He gave all kinds of reassurances about the types of vehicles they work on, from Porsches etc, even people from Spain taking their cars to him.. All work came through 3rd party websites (how i'd found them too) so you generally wont find reviews.    I was weary going into this, but you got to put your faith somewhere, right? so off it went on a trailer to Essex. NOW... I'd already asked where it would be going and I also tracked it by leaving a mobile phone hidden in the car. Interestingly, the place i was told i'd be collecting it from was not the same place the recovery guy (called Patrick?) told me he was delivering it to..    Anyway, they get the car and straight away tell me that the sump is full of diesel and that my ECU is faulty and its locked open one bank of injectors - causing the failure. All of this is feasible, but it meant that the car would not be ready in time for my holiday  He also tells me the DPF's (i'm sure it only has one, but he referred to there being more) were also completely blocked solid and needed to be dealt with (in this case, drilled and mapped out - which is also illegal) All of these little extras have now taken the cost from £3500 to nearly £5000  - as he was " putting together a special package for me" I tell him ok, i'm now away for 2 weeks so you have a little more time, i'll collect it when i get back.  I call him on the Friday before we travel home, asking how its going... he says "well, we aven't done it.. you said you were gonna be away for 2 weeks" apparently he marked to dairy wrong. So i call him again on the Monday following, I say I want to collect it that Thursday... not unreasonable. He then starts with the excuses that he has loads of guys off sick at the moment etc.. BUT, The car IS in the workshop and the boys ARE getting on with it. I say, OK.. but keep me updated daily as i need to make arrangements to come and get it. Tuesday passes without a word, so Wednesday morning i txt him asking for an update. He called me back around and hour later to tell me that the ECU they sourced for me is also faulty (they tested it before fitting it as they're nice like that) and it has water damage so he has to get another one, but that isn't going to get to him until the following Tuesday - which brings us up to this week.   Everything up until this point has been feasible if not a little annoying, BUT here is where is gets good...  On Sunday i happened to be in Essex on other business so decided to swing by Basildon and see if i could find my car. Knowing where it had been dropped off before the tracking phone died, i had a good idea where to look. And i also had the address of the garage where i'd be picking it up from. Hoping to not find it too easily - after all, it was being worked on on the Monday; Imagine my surprise to find it in the exact location it had been dropped off 4 weeks previously!  I lifted the bonnet - nothing had been touched.  The amount of dust on the bodywork and distinct lack of any hand prints etc strongly indicated that nothing had been touched and it certainly hadn't been moved in all that time. He may well have taken the ECU out to test but put it back, that's easy to do - but there is now way to tell from there that the DPF is blocked without removing it, or having full access to the ECU - which is faulty, remember?  It had all been LIES.  Now i am annoyed, but informed and he doesn't know that i know he's been lying to me.  I spent the next couple of days talking to various people i know and arranged my own recovery to get the car back - even if that meant effectively stealing it back. Long story short, i had it collected and got it back to me last night.  The guy who collected it went to the garage i'd been told i'd be collecting it from - Unit 28 Noble Square( Essex car and Commercial) and asked for Lee... Low and behold no-one by that name works there and the car (and others parked in the same place) were nothing to do with them! but then one guy did say "oh hang on, i think i know who you mean, let me give him a call"... 10 minutes later, 'Lee' showed up.  My man then had to endure conversation with this charlatan, but did glean some information that might be of interest.  "LEE" doesn't directly do any of this work... he takes on jobs, maybe up to 30 at a time and then farms them out to local garages. This explains why nothing had been done and why so many others get stuck in this net.   I was surprised that he was calm and didn't get the hump about me taking the car back, i still don't really understand what the scam is, but there definitely is one.  I think i've been very lucky that no money has been paid, i owe him nothing and i got out of there.  The amount of mental anguish and anxiety this has caused me has been extreme.  Now i'm back to square one, still with a broken car. But i'm only £500 out of pocket (for the recovery each way) and not £5k that it was supposedly going to cost... at some point, who knows when!     
    • Good luck from me as well Dixon, fingers crossed.    HB
    • Last time, the Judge provided me with, I would say, the most amount of time to speak. She started with HMRC, and they moved on to me. Essentially, since HMRC last responded to me (the original document I scribbled notes on), I feel it's right I should go first and just comment on each of their responses.   I'll leave sending that link to them, just in case HMRC then find something against it. I'll just bring it up, and mention the above quotes.
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whoareya -vs- Lloyds Tsb


whoareya
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I would'nt reccommend phoning them to be honest. Up to you, obviously, but I'd let them do the chasing. There's a fine line to tread and you don't wan't it to appear as though your panicing or otherwise not confident in the strengh of your claim. Besides, they'll only fob you off anyway.

 

Chances are they'll settle before the prelim, but if not you'll have the opportunity of proposing directions to the judge. Take along a copy of this draft order - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Do cases get struck out? Presumably they must do

Why would cases get struck out?

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks for the response GaryH

 

I appreciate a call would sound panicky, but I am not (to be honest if/when I get this money I still won't believe it until I get it in my hands, I don't get exciteable too easily)

 

I had drafted a conversation that would go like this

 

[url= Hi there I would like to speak to Sean Copping Recoveries Manager or one of his colleagues.

(Anticipating: What about, he's not available?)

In respect of a claim I have against Lloyds TSB who he is representing

 

It was just a courtesy call and I wanted to say I have received confirmation from the judge today that the hearing will be on April 26th at 14.30pm.

Also I wondered if you had my details on file so that you can contact me by phone.

 

Another point I wanted to raise is that I am a member of the Consumer Action Group and I am fully aware that no case has been brought to court and that I am willing to listen to offers regarding my claim.

 

I'll wait to take your advice on this perhaps too cheeky, I'd rather sound aggressive, the other thing, I am curious what these imbeciles sound like on the phone

ie. aggressive or vague.

 

With my struck out question, I was wondering as the banks are stating the claims are too vague, have there been instances with Claimants having their claims struck out because of poor planning on their part. (I was getting concerned that I may have missed something and my claim would get chucked out) I hear lots of talk about successes but none for failures.

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Besides, they'll only fob you off anyway.

 

I completely agree with Gary on this. I think far too many people are getting tempted into doing all of the chasing during this whole process. In my opinion why on earth should we be the ones chasing after them - usually costing us even more money in phonecalls and letter sending. If they want to take ages over the whole thing - let them, it just means they have to pay out more money on interest at the end of it. :D I understand it can be frustrating having to wait (I've been waiting since the beginning of August :eek:), and I do believe I've heard (second hand) that a couple of claimant chasers have managed to get them to cough up early - but I have also seen people getting really disheartened by the fob offs they receive when they do try to contact SC&M. There was a user the other day considering giving up because other people had received settlement whereas they hadn't, despite their attempts at contacting SC&M which had just led to further fob offs.

 

Obviously it's completely your own choice but if you do try to contact them be prepared to get the run around from them.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Received in the post. I understand points 1,2 and 5. However I am unsure about 3, 4 anyone care to elaborate or put in laymans terms for me.

What do I need to do next?

IT IS ORDERED THAT

l. The claim is allocated to the small claims track.

 

2. The claim be listed for further directions only at a preliminary hearing on 27 April 2007 at 1.30 to held at the Norwich county Court (estimated 5 mins)

3. At this hearing the court will consider either:

a) to stay the claim pending the decision in a test case involving the defendant, or

b) to give directions for this claim to be heard as a test case, and if necessary to reallocate the claim to the multi track for that purpose

4. Not less that (than?) 14 days before the preliminary hearing, the Defendant shall file with the court and serve upon the Claimant details of any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the Defendant shall file with the court and serve upon the Claimant draft directions for this case to proceed as a test case.

5. The Claimant may make any representations to the court in writing provided these are received by the court and served on the Defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the Judge as to the directions to be given, that party is excused from attending the preliminary hearing.

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Hi whoareya,

 

The court is considering putting your claim forward as a test case, which will mean allocation to the Multi-track.

 

Bear in mind that every test case so far has been settled, including many involving Lloyds. You should decide whether you are prepared for the case to proceed as a test case or not. Remember that the multi-track carries the risk of costs being ordered against you if you were to lose.

 

If not, you need to write representations as to why your not happy with this, and request that your claim proceeds on the small claims track. The reasons would include that you are an ordinary consumer who filed the claim on the understanding that as the claim is under 5k, it would be allocated to the small claims track. You have no desire to carry the responsibility of a test case and to burden you with the costs risk would be grossly unfair. Additionally, the CPR overriding objective requires that both parties are on an even footing going into the hearing. The bank is a multi-national financial institution who can easily bear any costs risk, whereas you are a litigant in person for whom a costs award against you could mean financial disaster. You could argue that this is an uneven footing. Zootscoot posted something along these lines I'll try to find the link in a minute.

 

Of course, the court could refuse your request, in which case you'll go to multi-track. Its highly likely Lloyds will settle in any event, but I'm sure you'd get lots of help if your case were to go through as a test case.

 

Basically, I think what I'd do if it were me is write in to the court with representations as per 5), asking that the claim proceed with a small claims hearing, and proposing the directions I linked for you above.

 

HTH

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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There's a 'test cases' forum here, where you may wish to start a thread - http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/

 

Here's the arguements against allocation to the multi-track, by Zootscoot - http://www.consumeractiongroup.co.uk/forum/barclays-bank/35043-ade-steph-jack-barclays-2.html?highlight=Jack#post436020

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary your help again is also very valued and appreciated. It's always pleasant to see your name in my thread.

 

I've read the threads and with your explanation I think I understand. What is the difference between small claims and multi-track? I assume the small claims are claims that are easy to deal with maybe - thinking that there is no formal set precedence for these cases. I know you'll frown but I never read up on multi tracks as I didn't think it would concern me.

 

I will write a response to the court now as I don't really have a desire to make this complicated for myself, even though I know I would get help.

 

Other than the letter I am writing now (requesting small claimstrack [from Zoots thread] and also the New Strategy for AQ's) do I have to send the courts anything else, such as court bundle. I have mine ready however a little unsure when it should be sent.

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Here's a useful link re. the multi-track - Fast track and multi track

 

No need for the court bundle or anything like that yet - all you need do at the moment is write your representations as per 5), requesting a small claims hearing and the directions as linked earlier.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Ok, this is the letter I sent.

 

Norwich County Court

The Law Courts

Bishopgate

Norwich

NR3 1UR

 

FAO His Honour Judge Darroch

 

Claim Reference:

Defendant: Lloyds TSB Bank PLC

 

Thank you for your letter dated 05 January 2007

 

I would like at this time to comment on the points you have detailed in your letter. I firmly believe that my claim should be allocated to the small claims court and I have set out the reasons for this below. I have also attached a draft of an Order for Direction to which I feel should be the process for my claim.

 

My claim:

 

1. is a consumer dispute and should be allocated to the small claims court which is designed particularly for consumers.

 

2. is well below the 5K threshold. I filed the claim believing it would be dealt with in the small claims court and did not anticipate the risk of bearing the costs in the Fast Track. So to transfer to fast track would be grossly unfair.

 

3. under the overriding objectives of the Civil Procedure Rules there is an obligation on the judge to ensure the parties are placed on an equal footing. As the defendant is a huge financial institution it would be unfair to place this in the fast track as they would have the advantage in being able to bear the risk of costs whereas you do not.

 

4. the points of law relied upon are well established and settled law with no complex issues of interpretation. There is thus no need for it to go to the County Court.

 

I would also like to bring your attention to the practice at the Newark County Court for claims that are identical to my own.

 

“General Form of Judgment or Order

 

IT IS ORDERED THAT

 

"The Court of its own motion is considering striking out the Defence out as an abuse of process on the basis the Defendant is settling all claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.”

 

28 December 2006

 

 

Thank you for your time, I look forward to receiving your response on this matter.

 

Let's see if it does me any good

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Hi Whoareya

 

My thread is upton11.

 

I have just received my notice of a preliminary hearing listed for the 14th May! Other than that the Order is the same as yours.

 

Please let me know what reply you get to your letter. I was thinking along the same lines. I keep reading Kazzaw's thread, but it looks lke we are still waiting to see what Lloyds will do.

 

Regards

 

paula

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  • 3 months later...

Just to update my thread. My hearing is very soon

 

My other claim through Barclays completed yesterday, money in the bank. Very pleased with that result. Looking for this to go through.

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  • 1 month later...

Update:

 

Went to the hearing.

 

The judge ripped into the solicitor, wasting everyones time - why haven't you paid out etc

 

Basically they are disputing some of the charges - so I need to provide further information, so I will sending my statements to them which I find bizarre and pointless really as I got my statements from Lloyds.

 

nevermind

 

So I'm now faxing over my statements to SCM and I await to hear from them

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