Griffin V Lloyds TSB *ABUSE STRIKE OUT*WON*

[sparkle51]

I was expecting my defence by last night but have received nothing yet! Am going to give them till the end of the week, looks like they are playing the same game with both of us!

 

Will keep you posted

 

J

[reduk054]

Wow Griffin (looking good BTW!!) time is flying by, and I bet that there will be someone having a look at your claim later on this afternoon at Lloyds solicitor's office. And then probably filing a defense

I am sure that they will not be enamoured with the contractual interest you are claiming, but tough!, but dont really know what Lloyds current stance is with this as to date I have not claimed for it!

Look forward to hearing!

[sparkle51]

Have you heard anything yet? I haven't but will give them to Dat morning.

 

J

[griffin9959]

Defense arrived today. At first look its a standard 9 point defense (as I hear it referred to here at CAG). AQ looks quite daunting, will need to study it and the defense tomorow.

 

Strangely enough, Lloyds have made no refference to my claiming contractual interest. Anyone care to make a comment/give advice/share their thoughts.

 

~S~

Griffin

 

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

[gullivt]

seems i am at same stage as you. Lloyds had until 24th to file a defence which they did. Court have sent me a copy I was expecting an AQ questionnaire to complete but instead they have sent me the date for the pre-trial hearing!!! which is a bit scary, what do you suggest I do now?

[innocent]

Very interesting thread to date.....

 

...you seem to know exactly what you're doing... and doing it very well ;-)

 

Thanks for popping into my thread...

 

 

Subscribing to yours

 

Innocent

[griffin9959]

So the 11th is approaching, its the deadline for return of the AQ (N150). Having considered my position, I continue to be narked with LTSB and have decided upon the following response in my AQ;

 

 

Griffin -v- Lloyds TSB Bank Plc

In the XXXXXXXXX County Court

Claim No: XXXXXXXX

 

 

 

N150 ALLOCATION QUESTIONNAIRE

 

 

 

Section H – Other Information

 

 

The Claimant respectfully requests that an order may be made as follows;

 

 

1. That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules

 

 

On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.

 

 

Since May 2006, the Claimant is aware of at least 45 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled shortly in advance of the hearing. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

 

 

The Claimant believes that the Defendant is using court process as an intimidatory tool in order to dissuade its customers from pursuing legitimate complaints. It is strongly suggested from the pattern of hundreds of settled cases that the Defendant will not contest this claim at trial.

 

 

I believe this strategy to be abusive, directly contrary to almost all of the Overriding Objectives, and to the detriment and financial cost of the public resource, as well as myself, the Claimant. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

 

 

Please find attached a copy of an order made by Lincoln County court (attachment 1C) in at least 6 cases similar to my own, in which Lloyds TSB Bank Plc was also the Defendant. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer (attachment 1D)

 

 

2. In the alternative, should the court consider such order not to be appropriate in respect of this claim, and if the claim is to proceed to allocation, the Claimant respectfully suggests that special directions may be made as per the attached draft order (attachment 2A).

 

 

The Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent upon it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

 

 

 

3.The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire.

 

 

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

 

 

It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent.

 

 

Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside.

The draft order for directions is as follows;

 

 

In the XXXXXXXX County Court

Claim number XXXXXXXX

 

 

 

Between

 

 

Griffin - Claimants

 

and

 

Lloyds TSB Bank Plc - Defendant

 

 

Draft Order for Directions

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;
  
• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
  
• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
  
• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days thereafter 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, 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 treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was 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) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
  
• e) Any witness statements.
  
• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

So that's it, hope to put in late tomorow afternoon. Sorry it doesn't give you much time to feedback but,any comments you have would be appreciated .

 

~S~

Griffin

 

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

[innocent]

"Lovely" response

 

 

sort of wish I had included something similar in mine....

 

 

Still, we have both proposed draft order..... lets hope that works (about a 33% chance looking at the survey results)

 

Its good to know we are both at similar stages, we can keep each informed

 

Innocent

[innocent]

Hi again griffin.....

 

It'll be interesting to see if they have missed ur aq deadline too

 

and the % successes for the draft order have been going up too..... here's hoping we both get this

 

 

Keep us informed

 

Innocent

[griffin9959]

Latest installment.

 

Received a letter from the court today, seems they missed the deadline.

 

 

Before District Judge XXXXXXX sitting at XXXXXX County Court.

 

Upon neither party attending.

 

IT IS ORDERED THAT

 

Unless by 4.00pm on 05 Jone 2007 the Defendant files with the court a properly completed Allocation Questionaire the defence be struck out without further order and judgement be entered for the claimant for an amount to be determined by the court together with costs.

 

 

Anyone care to have a guess at the following.

 

Would the judge be so lenient if it was me who misssed the deadline?

 

What are the chances that LTSB will meet the second deadline?

 

What happens if LSTB do miss the deadline, is it goin to cost me more to go further?

 

Of course any other comments are also welcome.

 

 

~S~

Griffin

 

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

[griffin9959]

Just come off the phone with the court. Lloyds have met the 5th June deadline for filing their AQ - it was filed on, you guessed it, 5th June.

 

Of course I didn't get a copy of the AQ from SCM and the lady from the court couldn't tell me if Lloyds have requested a stay -the file was with the judge. I'll phone again tomorow to enquire about the stay.

 

~S~

Griffin

 

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds

[innocent]

Hi Griffin

 

As others have highlighted in my post; it may benefit you if they request a stay.......

 

.....just an even longer wait eh?

 

 

Innocent

[griffin9959]

OK, just got back from the court - Lloyds have requested a stay.

 

whilst I was talking to the lady at the court, she showed me a copy of an order that was to be typed up. Having to listen to her and try to read the copy of the order was not easy and I didn't get it all but, it looked very odd to me. There were only 2 points, couldn't see the second but, the first made mention of striking out the defense in 14 days as an abuse of process because the defendant regularly settled before coming to court. There didn't seem to be any mention of the draft orders I had suggested, as per the CAG "new strategy"

 

What I would hope the order will say is roughly - 1. because LLoyds applied for a stay the judge has seen through them and their time wastin ploy and ,unless they have anything further to add, he is going to strike their defense 14 days from now. 2. If anyone doesn't agree with the order they can apply to have it changed etc etc.

 

Has anyone had an order similar to this?

 

~S~

Griffin

 

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

[GaryH]

Excellent! If it is what I think it is then you'll be celebrating when that order comes through!!

[McIavelli]

Fascinating thread. Got my fingers crossed for you griffin...Weren't you the mascot fir the old Midland Bank before banking became the impersonal business it is now?

 

Cheers & Good Luck

 

McIavelli (I'm not that devious really)

[innocent]

Fascinating and excellent!!!!!

 

Gary, what do u think? perhaps??

 

And my fingers are crossed (hey, my left and right hands are together too, unlike the [problem])

 

Griffin, buddy, you dont need good luck to win (you and we will) but I wish you good luck and all the best for a speedy conclusion

 

 

Innocent

[GaryH]

Strike out methinks!

 

From Griffin's description the order sounds very much like the ones made recently in Rhyl.

 

And my fingers are crossed (hey, my left and right hands are together too, unlike the [problem])

Unfortunately, the same result from Portsmouth CC is IMHO probably unlikely.

 

Its really polarising the courts now the bank charges issue - on one hand we're seeing a huge increase in strike out orders from some courts, on the other we're also seeing an increase in strike out threats to the claimants such as those in Hull. There have also been some harsh orders asking for the claimant to provide a figure and reasoning for what the defendants loss is alleged to be!

[griffin9959]

OK, here it is, this order arrived today.

 

OF THE COURTS OWN INITIATIVE

 

1. The court of its own motion is considering striking out the defence as an abise of process on the basis that the defendant has settled all previous claims of this nature.

 

2. If the defendant objects to this course of action, it is to file at court by 4pm on 22nd June 2007 a schedule setting out a list of all the claims it has pursued to trial and all the claims it has settled/

 

It is preceeded by the usual "If you object to the order, you must make an applicatio to have it set aside".

 

I don't intend to object!!!!

 

As usual any comments welcome.

 

Meanwhile, I'm particularly interested to know if anyone has seen a list of claims Lloyds have pursued to trial.

 

Is this order good news?

 

What options are open to Lloyds or what is their likely response?

 

What should I be thinking of doing next?

 

~S~

Griffin

 

 

04/01/07 New S.A.R - (Subject Access Request) sent by RECORDED DELIVERY

05/01/07 Delivery of S.A.R - (Subject Access Request) confirmed by Royal Mail

18/01/07 S.A.R - (Subject Access Request) data received

09/02/07 Prelim letter sent.

16/02/07 Frist template response received (nothing out of the ordinary).

23/02/07 LBA sent.

22/03/07 Claim issued to County Court

28/03/07 Claim served on Lloyds TSB (to reply by 11/04/07)

16/04/07 Acknowledgement of service (date stamped 12/04/07) received. Lloyds intend to defend the whole of the claim.(Lloyds' defense to be filed by 25/04/07)

26/04/07 Received Lloyds defense (standard 9 point) AQ to be returned by 11/05/07

09/05/07 My AQ returned to court

22/05/07 Lloyds have not met the AQ deadline. Court give them until 05 June to file

05/06/07 AQ filed by Lloyds with application for 1 month stay

13/06/07 Court has ordered Lloyds to file, by 22/06/07, a list of claims it has pursued to court or defense will be struck

[GaryH]

Wooohoooo! Yep, thats the one I thought it might be!!!

 

You need do nothing for now - Lloyds will not provide a list becouse they have not contested any hearings. Games up! Well, in this claim at least!

 

They may now settle straight away, or they may ignore it - in which case you'll have to inform the court at the end of the 14 days.

 

See this users thread - same order, against same bank, but a week and a bit ahead so it'll be useful for you to keep an eye on.

 

http://www.consumeractiongroup.co.uk/forum/general/93252-judge-xxxxxxx-rhyl-county.html

 

If I PM you my e-mail address can I have a scan of the order please?

[griffin9959]

Cheers Gary. No probs sending a scan, PM me anytime. I trust that you will conceal any of my personal details.

 

~S~

Griffin

[McIavelli]

Fantastic news Griffin! I don't know if congratulations are in order or perhaps a little premature but have 'em anyway

 

Cheers

 

McIavelli (I'm not that devious really)

[innocent]

I think congratulations are in order!!!!

 

(albeit they might drag it out a little longer)

 

 

Boy, I bet we all wish we had DJs like yours......

 

 

Griffin, well done!!!!!!!

 

Absolutely Fantastic news!!!!!

 

If I may quote GaryH "Wooooooooooooohoooooooooo!!!!"

 

 

Innocent

[christinajanep]

thats wicked griffin i bet your well chuffed and rightly so

[orfoster]

Have you had a settlement yet?

[passivenomore]

Great story griffin!!

 

Hope the money will be with you shortly. Can you inform us as to whether you do get the CI, or just the basic 8%???

 

Well done... nearly there!!