greenranger vs ltsb ** WON **

[greenranger]

hi all.

 

i have just submitted mcol (27/11/06). llyods have 14 days to reply from date of being issued. what date will the be issued or what date will the 14 days be up? and what happens if they dont aknowledge?

 

thanks

[GuidoT]

Lloyds have 14 days from date of service to file an Acknowledgement of Service and then a further 14 days to issue a full Defence. Thus 28 days.

 

If no Acknowledgement of Service or Defence received then you can apply for default judgement. Lloyds' usually leave it all until the last minute and issue a Defence.

 

If you obtain default judgement Lloyds are likely to make an application to have it set aside (removed) and such an application is likely to be successful and then the litigation continues.

 

As an aside ensure as you used MCOL that you have sent the particulars of claim in the post, i.e. the schedule of charges.

 

Stay with it.

[greenranger]

do you mean send the schedule to llyods or to money claim. i have already sent llyods a full schedule after submitting mcol.

[GuidoT]

I would send to the court too. Ensure you include the claim reference. However, I do not use MCOL, therefore I do not know if you have an address to send them to.

 

As a general rule in litigation you copy everything to both the court and defendant simultaneously.

 

This is why I do not like MCOL, as you cannot include the particulars (or a claim description of any length) at the same time as filing the claim.

 

If you do not have an address just yet, then you will have soon. Once the claim becomes defended it gets allocated from Northampton (which is like a bulk clearing centre) to usually a local county court.

[greenranger]

thanks

[greenranger]

hi guys

 

i issued mcol on the 27/11/06 and llyods aknowledged 4/12/06. as far as i understand llyods had 28 days in total to issue a defence which is now up. should i now be asking for judgement? or should i leave it for a few days due to the festive period(holidays).

thanks

[freebird]

Lloyds are likely to submit at the last minute and the courts will usually accept that.

I would be inclined to see if Lloyds are willing to settle out of court, seems they've been paying out lots of settlements lately so they might be willing to negotiate !

[greenranger]

hi freebird

would you suggest i send a letter to sechiari offering to settle out of court or is a phone call a more appropriate approach.

[greenranger]

defence submitted today by llyods. wait for confirmation from courts via post.

will this claim be passed to my local court ?

what is the next step likely to be ?

[BARTY]

Hi

Yes this will be passed to your local court. You will get a copy of the defence in the post, and an Allocation Questionnaire to fill in. Remember to send a copy of your completed AQ to SC&M (Solicitors).

Good luck!

Barty:)

[greenranger]

thanks mate

[GuidoT]

As you used MCOL, once defended usually gets allocated to a local county court. The courts should inform you of this when you receive the defence.

 

Next stage is allocation questionnaires, see link below for completion.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[GuidoT]

Gary H has helpfully recently directed me to this relating to Alloc Quest, it should help speed things up a little.

 

New strategy for Allocation Questionaires

[greenranger]

submitted AQ today. having just read the new strategy fo AQs i like it. i use the old one but would it still be possible to send a copy of the new one to the judge.

also how do you get a link onto a thread?

[GuidoT]

As to the AQ if only posted today, then I would phone the court and tell them to disregard it and that a correct one will follow in the post. If you have sent to SCM then you will need to explain that you have issued another one and why.

 

You can obtain a blank AQ form, from my post 12 in your thread.

 

Ideally pop into the court and pass them the revised one and and explain your situation.

 

As to including a link:

1. Go to the web page you want to link to

2. Click on the address bar (at the top) and then right click and scroll down to copy

3. The go to your post that you want to place the link in

4. Then paste your post through right clicking and scroll down to past into the post

 

Alternatively there is also a shortcut on the tool bar, but I do not like this.

 

Have you seen the revelation in Kazzaw's thread? (post 15)

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/20752-kazzaw-lloyds-asset-card.html

[greenranger]

hi guys

im just going through my stuff today(just been released from hospital) and the last day for filing AQ was the 21-01-07.how can i find out if llyods filed and what is the best thing to do if they have not

[BARTY]

Hi

Ring the Court in the morning, and explain your situation, they are very helpful.

Let us know how you get on.

Barty

[GuidoT]

Hi - I thought you had been quiet for a while, as Barty has beat me to it again, I will delete what I have just written and will just enquire as to your well being.

[greenranger]

thanks barty

hi guidot

got the flu jsut before xmas and couldnt shake it off. it developed in to glandular fever(not very pleasant) and all my throat swelled up causing breathing problems(and more importantly stopping me eating). a couple of short stays in hospital and now im right as rain. thanks for the concern.

[greenranger]

spoke to county court today and they told me no AQ had been submitted by llyods yet but they have a pile waiting to be processed and i should await direction from the judge.

is this the norm ?

[GuidoT]

Seems normal, SCM leave usually file a few days after the deadline. I am close to the same stage as you. Leave it a fortnight then I would give the court another call. If my claim is anything to go by you should receive a full offer to settle, providing you have claimed 6 years only and 8% statutory interest.

[greenranger]

full settlement offered

 

only snag it is with conditions.

do i write to them saying i am willing to accept without conditions ?

it is one of the private and confidentials between us you and the bank!!!!

[GuidoT]

I thought you may get that offer soon. Anyway see Mr M Browne's letter below that you may chose to use:

 

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours faithfully

[greenranger]

thanks mate

[BARTY]

Congratulations!! :D

Barty:)