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Tallgirl v Lloyds TSB *HELP NEEDED*


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** HELP NEEDED **

 

I'm not very good on computers and am at the stage with my claim against Lloyds that I have a court date for County Court 22 Dec '06.

 

My daughter has taken care of everything until now, but now I find myself trying to research / prepare alone. I am in tears of frustration at this computer as I have read and re-read hundreds of threads withouth finding what I need.

 

I have received an allocation questionnaire, sent it back blank as per the step by step instruction, now I need to prepare questions to be asked in court but I do not where to begin. I am at my wits end with looking through pages on a computer screen, I have been on here for 3 hours and no joy.

 

Can somebody please, please tell me where to find what questions I need to ask in court. I am at a loss as to what to do next, the mentor system which guided me until this point seems to have ended.

 

I'm sorry if this information is posted elsewhere, but I cannot find it. I'm a 54 year old techno-phobe and find it very disheartening. Can someone tell me what thread or web page I can find this information. I AM DESPERATE.

 

Thank you.

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I've passed your details over for attention, i'm afraid ive never gone this far but someone will be along soon ok?

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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It is very difficult to give any reply without much more information.

 

What is the hearing for on 22nd December?

What other directions were given on the letter from the court?

What track was the claim allocated to?

Alan, Derby, UK.

 

 

 

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Hi Tallgirl,

 

As the others said, it would be helpful if you posted details of the order.

 

You will need to provide your documents by a certain date as specified.

 

The documents should include everything in the court bundle - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html, your statements/printouts showing the charges, all correspondance between you and Lloyds, a schedule of charges, a transcript of the McNamara interview http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html, and also include an amended to suit version of this - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

 

You need to get this prepared and sent ASAP, but certainly by the date given on the order, which may have been 14 days if the standard directions were ordered. You need 3 copies of everything. Send one to Lloyds solicitors, one to the court, and keep one (including original documents) for yourself.

 

Good luck.

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It is very difficult to give any reply without much more information.

 

What is the hearing for on 22nd December?

What other directions were given on the letter from the court?

What track was the claim allocated to?

Hi Alan,

 

Thank you for helping me, im sorry it has taken a while i have been ill (probably the stress).

 

I have received a general form of judgement or order to be heard in Cardiff County Court 21 Dec 06, via small claims track.

 

The letter from the court states " 1. directions will be given in this case by the designated civil judge (name of judge, date, time and place.) 2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

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Hey tall girl

 

if you type out the order from the court with the court date on in full we will be able to help and tell you exactly what you need to do to prepare :) Don't worry, there are a lot of others at this stage now too....and the overwhelming majority of claims are settled a couple days before the hearing :)

thanks karnevil, im hoping i have just done that???

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Ah right, thats just an allocation hearing. Its not the actual hearing where you have to argue your case in full, so for now disregard what I said in my last post.

 

Are you OK with going, or would you rather write in instead? You have been given the option to do either.

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Ah right, thats just an allocation hearing. Its not the actual hearing where you have to argue your case in full, so for now disregard what I said in my last post.

 

Are you OK with going, or would you rather write in instead? You have been given the option to do either.

Oh!! Im even more confused now then. So that means i dont have to compile all the paperwork? If so what do i need to do, i havent come across this in any other threads.

 

By the way i really appreciate you taking the time to help me.

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No, you won't need the court bundle at this stage.

 

This is just a hearing where the judge decides how to allocate or otherwise manage your claim. Ie, to which track, which directions, date, etc. Its nothing to worry about at all.

 

He has given you the opportunity of writing representations instead, would you prefer to do that or don't you mind attending? Its up to you.

 

If you don't want to attend, you need to write in telling the judge how you wish your case to proceed. I would suggest something like this;

Dear Sir/Madam,

YOU v LLOYDS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

Re: Allocation hearing 21st December 2006

 

Pursuant to the order made by District Judge ***** on **/**/**, I, the claimant, hereby confirm that dispite my best efforts no settlement has been reached with regard to the claim as detailed above, and as such I respectfully request that it proceed to allocation in accordance with the overriding objective.

 

I apologise to the honourable court for my non-attendance at this hearing, which is solely due to... (add reason). As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this case should proceed, which are below.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as follows, with document exchange taking place 28 days after the issueing of the order. It is suggested an early date for exchange of documents may facilitate a prompt resolution to this litigation.

 

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

 

2.The claimant shall by [14 days] file and serve:

 

a)a schedule setting out each charge repayment of which is being sought,showing the date,amount and alleged reason,if any,for that charge;

 

b)copies of any statement or other document relied upon as showing that each and every such charge has been made;

 

c)a statement of his evidence,if such is to be relied upon as tending to show that the alleged charges have been made,or that they are irrecoverable as penalties or otherwise.

 

d)decided cases and other legal materials

 

3.The defendant shall by [28 days] file and serve a response to the claimant's schedule,stating in respect of each item claimed:

 

a)pursuant to what contractual provision such charge was made,producing a copy of the contractual document relied upon;

 

b)whether such charge is accepted to be a penalty or otherwise not payable and if not, why not;

 

c)if such charge is alleged to be a pre-estimate of the defendant's loss incurred by the claimant's actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss,and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

d)decided cases and other legal materials

 

4.Each party shall file and serve by [28 days] a copy of all documents upon which they wish to rely.Each party shall be entitled to inspect such documents by [28 days].

 

5.The hearing of the case will take place on [date] allowing 2 hours at the ***** county court, street, town, postcode.

 

Yours faithfully,

Remember to send a copy to Lloyds solicitors - SC&M - as well!

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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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Hi Alan,

 

Thank you for helping me, im sorry it has taken a while i have been ill (probably the stress).

 

I have received a general form of judgement or order to be heard in Cardiff County Court 21 Dec 06, via small claims track.

 

The letter from the court states " 1. directions will be given in this case by the designated civil judge (name of judge, date, time and place.) 2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

 

 

 

I had an allocation hearing and the paperwork was titled "allocation hearing". This mentions "via the small claims track" so I presume allocation has already been made and this hearing is so the judge can just give directions on how the case is to progress?

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No probs. If the judge does go with the directions you've suggested (which he probably will I'd have thought), you'll have to provide your documents including a statement of evidance 14 days after you receive confirmation from the court. You can then refer to my first post above for what documents and evidance you'll need to provide.

 

Those were the directions ordered in my case and they are good becouse they require Lloyds to provide evidance of their true costings, which as we all know, they just won't want to do and would rather settle instead.

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Sorry Gary just a quick question. In the letter that i write to the court point 5 states a date that the case be heard, would that date be 28 days after the allocation hearing ie 21/12/06 so the court date i request taking into account xmas be around 23/01/07. Thank you in advance

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Don't fill in anything for that bit, leave it as [date]. The judge will decide on the date. Do fill in the Name and address of your court though.

 

Also, don't fill dates in for the bits that say [14 days], [28 days], etc. Leave them as they are. Again, the judge will put specific dates on the order when he issues it.

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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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  • 4 weeks later...

YIPEEEEEEEEEE Good News I recived a letter from SC&M on 20/12/06 stating that Lloyds will pay full amount (£1000) and will i contact the courts to inform them. Of course i havent contacted anyone as yet as the money only went into the joint account (not my personal account which it should have done) on 23/12/06 and the hearing was due 21/12/06.

 

Is there a standard reply letter??

 

Also i did start the process from my joint account but couldnt afford the court cost (£120) at the time, can i still continue with this or do i have to start from scratch?? Will the fact that the £1000 was placed into the wrong account effect this??

 

THANK YOU for all your help a donation is definitely on its way.

 

Happy New Year to you all.

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YIPEEEEEEEEEE Good News I recived a letter from SC&M on 20/12/06 stating that Lloyds will pay full amount (£1000) and will i contact the courts to inform them. Of course i havent contacted anyone as yet as the money only went into the joint account (not my personal account which it should have done) on 23/12/06 and the hearing was due 21/12/06.

 

Is there a standard reply letter??

 

Also i did start the process from my joint account but couldnt afford the court cost (£120) at the time, can i still continue with this or do i have to start from scratch?? Will the fact that the £1000 was placed into the wrong account effect this??

 

THANK YOU for all your help a donation is definitely on its way.

 

Happy New Year to you all.

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Well done Tallgirl!!! Fantastic news, well done!:)

 

Also i did start the process from my joint account but couldnt afford the court cost (£120) at the time, can i still continue with this or do i have to start from scratch??

 

How long ago did you send the LBA? If it was only a month or two ago, just go ahead and file a claim. If it was more than a couple of months, re-send the LBA, give them 14 days, then file.

 

Just out of interest, did the court order the directions as I posted above?

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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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Well done Tallgirl!!! Fantastic news, well done!:)

 

 

 

How long ago did you send the LBA? If it was only a month or two ago, just go ahead and file a claim. If it was more than a couple of months, re-send the LBA, give them 14 days, then file.

 

Just out of interest, did the court order the directions as I posted above?

Im sure it was over a couple of months ago I will have to check with my Daughter.

 

I havent heard anything from the courts as yet, shall i just ring the court tomorrow to let them know that a full settlement has been made or do i need to put it in writing?

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Put it in writing. Heres the letter I use which you're welcome to use if you wish -

The Court Manager

Your local court

Address

Postcode

(Date)

Dear Sir/Madam,

(You) v Lloyds TSB Bank Plc

Claim No: *******

I write to inform the court that the claim as detailed above, in which I am the claimant, has now been settled in full by the defendant. As such, no further action is necessary in this claim.

I wish to apologise to the court for the wasted time spent processing and managing this claim, but would like to add that numerous attempts were made to resolve this matter prior to the commencement of litigation, which were each time rebutted or ignored by the defendant.

It is submitted that the defendant had no intention of defending this claim, and I think it reasonable to infer that filing a defence was solely an attempt to dissuade me from pursuing my legitimate right of seeking a judgement from a court. The pattern of the hundreds of cases settled by the banks in identical circumstances would seem to support this contention.

Yours faithfully,

 

The last paragraph is optional!

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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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