whoareya -vs- Lloyds Tsb

[GaryH]

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?

[whoareya]

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.

[lucid]

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. I understand it can be frustrating having to wait (I've been waiting since the beginning of August ), 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

[whoareya]

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.

[GaryH]

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

[GaryH]

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

[smokeyspot]

Thanks for replying to my post on Crafty v Barclays. I'm following your thread with interest as I will be going to Norwich as well (only just sending in AQ so no dates yet).

[whoareya]

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.

[GaryH]

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.

[upton11]

Hi Whoareya and smokeypot, I too am in the Norwich CC and am waiting for directions, AQ'a were in before Christmas. I shall be watching your threads with interest

 

Regards

 

Paula

[smokeyspot]

Hi Paula, are you with Lloyds? I'm with barclays but am following this thread as well. I've only just sent in my AQ so no dates yet.

[whoareya]

Hi Paula

 

Welcome to the thread, we getting a little band together. Good stuff

 

What's your thread I'd like to have a little look and follow it also

[whoareya]

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

[upton11]

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

[whoareya]

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.

[whoareya]

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