tjay vs lloyds

[tjay]

Hi everyone!

 

My friend just had some good news today smile.co.uk part of the co op i think has refunded him all monies straight after he wrote his letter before action!!

 

No luck for me as I think Lloyds are playing hard!

From reading posts on here they are making it as difficult as possible for anyone to get any money back, which I can understand.

 

I sent my Letter before action about a week ago and still have heard nothing so getting ready for the moneyclaim stage.

 

What im wondering is if every person who is challenging Lloyds is having to go "the whole nine yards" has anyone recently been offered a settlement at an earlier stage or is if literally just before they are due to goto a court hearing!??

 

If makes sense for Lloyds to make us work hard to get our money back so as much as I hope I dont have to Im ready for the long hard slog!!!

[stadium_arcadium]

Hi and welcome Tjay, yes Lloyds will leave it til the very last minute to settle, just keep at 'em and they will fold eventually.

 

Nice to see you have done your reseach, keep us updated won't you:)

[tjay]

Oh course I will keep everyone posted. I spent a while doing some research as didnt want to mess anything up.

 

However I havent looked into all the procedures of going to court and have no Idea what an Allocation Questionaire is!! I need to start beefing up on this stuff as looks like going to have to file my claim in just over a week!

[tjay]

Hi people just to keep updated lloyds had until the 18th dec to reply to my LBA which they did not

So i started the money claim procedure and completed it on the 19/12

 

I have just recieved a letter from lloyds today dated the 21/12 3 days after the 2 week deadline i set them!

 

They are offering me £750 of course im not interested in this but they say in the letter i will see this in my account within a few days!!!!!

 

Do i ignore this letter as i have already started the court claim procedure or should i write to them refusing it and explaining they missed the 14 day deadline so i have know started court proceedings?

 

I hope someone can help me and merry xmas to everyone!!

 

TJAY

[GaryH]

Theres no harm in accepting it as part payment, so long as you make clear that it is just that and you will be pursuing the rest. Heres a template letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[tjay]

Hi thanks Gary the only reason i was worried about writing to them is that I have actually started the money claim stage and was worried if i wrote to them saying i would accept it as part payment it would delay the procedures.

 

If i do send that letter i presume i just ammend it slightly saying that the deadline I gave them has already passed and as they are probably aware court proceedings have started?

 

Thanks

[GaryH]

No, it won't delay anything.

 

Yes, slightly amend it as you say and that'll be fine.

[tjay]

Thanks Gary I've done that cant get it in the post until the 27th now though as want to keep sending recorded

[tjay]

Hi people hope xmas and new year was good

 

just an update, llyods offered me the £750 goodwill gesture which was paid into my account on the 29/12/06 as i said earlier i had already started court proceedings so I had to write to them to say i would accept the £750 as part payment as they wouldnt let me refuse it!!

 

They now have until the 9th of Jan to respond to my moneyclaim

 

Just one question i presume if they dont respond i hit the start judgement button online, if someone could clarify that, this would be great

[tjay]

Actually got even more updated knews Lloyds have now acknowledged my claim on the 29/12/06 same day they paid me the £750!!

 

Do i just wait for the AQ now or do i need to do something at this stage?!

 

thanks

Tom

[BARTY]

Hi Tom

They have 28 days from when the claim was served (usually about 5 days after you have submitted it) to enter a defence. You will be notified that they have entered a defence, and then you should receive a copy of it and an Allocation Questionnaire to fill in. You should send a copy of your AQ to SC&M (Solicitors).

Hope that helps.

Good luck!

Barty:)

[tjay]

Hi another update

cheers for the helpful post barty! finally after waiting for a while the AQ has arrived today so as soon as i get home from work will be trying to make sense of it.

 

But from a quick scan the banks says the particulars are too vague and my claim is , frankly embarassing!!! The cheek of them!

 

So i guess i fill this in now and forward to the court and a copy to the solicitors, I only live 5 mins from the courts is it worth delivering a copy by hand or am i better doing it by recorded post.

 

Secondly I think im ok filling in my AQ, however i have recieved £750 from lloyds now so how do i ammended the amount im claiming im totally confused on this and the next steps after sending my AQ. Is it wise to forward the schedule of charges with my AQ as well???

 

Finally after i have sent the AQ am I starting another waiting game?

[BARTY]

Hi

Firstly, there is a thread here to read about your "claim to vague" defence:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

 

Here a couple of links to help with your AQ:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

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

 

Hope that answers some of your questions.

Barty:)

 

[tjay]

Hey people hope everyones well very stormy here on the s.coast this morning!

 

Another update things seem to be moving quickly!!

As said before i received my AQ 2 days ago, which i havent sent back yet!

 

However today I have not got a letter giving me the date of my hearing at court!???

 

I didnt expect this to arrive for quite a while longer until i had sent all the documents such as the AQ etc!

 

Maybe the courts are getting fed up and fast tracking things through?

Does anyone know?

[BARTY]

Hi

Yep it's very blustery up here in Cumbria too:wink:

So you have a received a court date before you have sent back your AQ?? Seems a but strange, is it your final hearing or is it a preliminary hearing or something similar? Does it have any directions about submitting your evidence etc?

Barty:)

[tjay]

Ok so yes i havent even posted my AQ

 

Now i have a formal notice of hearing and a general form of judgement or order

 

it explains "it is ordered that"....

the case is listed for hearing on thursday the 22/02/07 at 10am

 

point 3 states "the parties shall file and serve witness statements with copies of all relevant documents annexed by 4.00pm on the 7th of Feb

 

I am a little confused as it seems to have been fast tracked by the courts and they have skipped a stage!!?

 

As i said maybe they are fed up of having there time wasted by the banks!?

 

Perhaps if someone could shed some light on this that would be great!

I take it i still have to send my AQ and now prepare a court file?! I feel im in a bit beyond my depth at the moment, but still surviving!!!!

[GuidoT]

Please post the entire order. I would have to reserve final judgement until you provide further details, but it appears to be your main trial, but that is very quick indeed.

 

It is all good though, the quicker the hearing the sooner the settlement.

 

If this is your main trial then you need to start preparing your bundle (you will need to do this anyway) it takes a while, see the link below:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

When invariably SCM fail to provide their bundle by the 07th send this:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

[tjay]

hi everyone sorry for the slow updates!!

 

Ive been very busy at work i am going to post the full order this evening so hopefully someone can make a bit more sense of it than me!!!

 

Thanks

[tjay]

i am so confused its unreal please can someone help me!!!??

 

I received my AQ on the 12/01/07 which i have now sent to the court with schedules of charges etc to counteract the claim to vague defence!

 

However on the 16/01/07 before I had even submitted my AQ i received the following

 

General Form of Judegement or Order

 

Before District Judge **** sitting poole county court

 

Upon considering the court file

It Is Ordered That

 

1. this caes is to be listed for hearing on thurs 22/02/07 at 10am

 

2. it will be listed with all other outstanding claims for refund of banks charges

 

3. the parties shall file and serve witness statements with copies of all relevant documents annexed by 4pm on the 07/02/07

 

4.the judge will use his case management powers to decide in each case whether to make any agreed order, give directions for the further conduct of the case, or to porceed there and then with the hearing

 

5. it is likely that any case seriously contested will be given directions and a later hearing date

 

6. it is probable that the judge will deal with cases in batches where there is more than one case against a particular defendant

 

7. if a party fails to attend the judge may strike out the claim or defence as he sees fit and to enter judgement accordingly

 

This letter also came with a "notice of hearing" also dated the 16/01/07

this stated

 

TAKE NOTICE that the hearing will take place on

22/02/07 at 10am at poole county court

when you should attend

 

So all this arrived only 4 days after my AQ had arrived and before i had even returned it!?

I am not quite sure what is going on I have heard nothing from the courts since returning my AQ a few days ago.

 

I am just in the process of sending Lloyds solicitors copies of schedules etc to combat the claim to vague thing!!

 

I presume I have to have sent everything such as bank statements etc to the courts by the 07/02/07 if the above letter is my actual court date!

 

It just seems strange that I have been allocated a date before my AQ being sent off

 

I hope someone can shed some light

 

Thanks in Advance

Tom

p.s. sorry if theres any typing errors was going quick!

[GaryH]

I'm off to work now, but I'll be back later to tell you exactly what you need - unless someone else comes along in the meantime.

[tjay]

Thanks Gary look forward to the help!

[tjay]

any help on the above anyone!

Sorry to be impatient but if ive got to get my court bundle sorted by th 07/02 which im guessing i do????!!! I want to get cracking!

[GaryH]

You need everything from the http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

A witness statement (amend to suit) - http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html#post479225

 

Also enclose proposed directions, in case the hearing takes the form of a directions hearing instead of final hearing - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

You need 3 copies of everything. Send one bundle to the court, one to SC&M and keep one (including originals) yourself. Take notice of the date specified on the order and ensure everything's submitted in plenty of time.

[tjay]

Hi Gary thanks thats brilliant I presume that this is definately my court date then even though it arrived before I had sent my AQ etc?!

[GaryH]

Yep, if thats what's on the order then thats what you must prepare for. It is strange though.