Darling 2 takes on the TSB**won**

[GuidoT]

You did not complete the claim form incorrectly, at the time you did not have the cash.

 

Lloyds should take this point in their defence, but they will probably serve their standard nonsense.

 

I am in the same position, but slightly further down the road. It will sort itself out.

 

Personally I would not bother with an amendment it is likely to slow things down and will cost you £35 (which is non recoverable).

[GuidoT]

Back to your post 45, my advice comes from my experience with litigation and or what I have learned from this site.

 

If I do not know about something I will keep quiet or if something is my view, I would use words like 'personally' so that you can place my comments in context and then decide on your own course of action.

 

Anyway, this is my view. Lloyds should in their defence state that they have paid you £750, they will probably not as they are obsessed with their standard defence.

 

If Lloyds do not mention the £750 in their defence, you could score some points with the judge by stating that Lloyds have omitted to mentioned in their defence that you have been paid £750 in respect of your claim and ask that it should be deducted from your overall claim value when judgement is made.

 

Back to taking the moral high ground I suppose.

 

I would not get too hung up about this matter.

[GuidoT]

I am not offended, if I was, I would not have responded with my view; apologies if my words appeared a little blunt. I laughed at your story about your 3 year old - I know I should not have.

 

As to GaryH's letter, he clearly is a master at this, but I would suggest one point is added to the draft letter. Reading that letter a judge may think why did you commence the claim with the higher value knowing you had been paid the £750.00? He may not look at the chronology of events.

 

At the end of the second paragraph to GaryH's letter add a new sentence 'That payment was made by the Defendant just after the filing of my claim, therefore my claim should be reduced by that sum.'

 

Personally I would wait until they filed their defence, but if I was you I know who I would listen to, i.e. GaryH.

 

It is human nature to judge what has happened in the past and apply that to the future, in particular if it was a bad experience. Please try and avoid thinking like that matter do not usually turn out that way - unusually for me a bit of psycho babble nonsense.

[GuidoT]

Sounds like standard, but have a look at my thread post 13 to check for sure:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb.html

[GuidoT]

I am pleased to see that you are going to use new strategy for AQ, it is really a must now.

 

You should be able to represent your husband in court, although it is highly unlikely that it will get this far. Lloyds are settling a lot of claims around the AQ stage now (although the timing is still sometimes a bit random).

 

When completing you AQ in the 'other information box' you should state that you will be representing your husband.

[GuidoT]

You are doing fine here to get this far, highly unlikely that it will come to a hearing anyway, but prepare like it will.

[GuidoT]

I have just checked back your claim is for a rather large £9K, it is almost certain you will be allocated to the fast track, however this is nothing to fear really.

 

As I am sure you know, Lloyds have not yet fully defended one of these matters, therefore it follows you are very unlikely to end up in court (but prepare like you will) never mind lose.

 

Notwithstanding the courts are generally reluctant to make an adverse costs order against a litigant in person when the other side are represented.

 

Indeed, there are distinct advantage to the fast track, such as disclosure and that should act as a catalyst to get Lloyds to settle earlier.

 

You will be fine.

[GuidoT]

To complete AQ see Gary's post 57 on your thread and that below:

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

 

I completed the PDF version and posted to the court, it looks much nicer, in particular if you are prone to having a few attempts at it.

 

Take your time, no cause for concern, all perfectly normal.

[GuidoT]

This is only necessary if you have not previously forwarded it, I presume you have forwarded the charge schedule already.

 

Micheal Browne was possibly advising someone that has used MCOL, where you cannot include the charge schedule as part of the particulars.

[GuidoT]

Quite right Darling1, you stick with what you are comfortable with, we are all different. I am sure MTMs intentions are honourable, but they are a bit too forceful for my liking.

 

It really is a personal choice. For the reasons you have stated in your post above you are making absolutely the right choice. Litigation should not be treated like a game, it is serious, in particular when you have potential exposure to the other sides costs, which (as you allready know) you will have given you claim is around the £11K mark.

[GuidoT]

Thought you may be interested:

http://www.consumeractiongroup.co.uk/forum/general/66851-contractual-confusion-compounded-daily.html#post573553

[GuidoT]

If I was a lady, I would be buying new hat. Darling1, it is bigamy and it is illegal.

[GuidoT]

A shotgun wedding then, are you looking for me to be a page boy on the 13th?

[GuidoT]

If you get jilted by GaryH, then I will do - not happy about that!

 

Seriously though, I am scheduled to be in the UAE for a couple of weeks around that time, unfortunately. However, it is likely your claim will settle before then anyway.

 

Must stay on topic - enough messing around. I know I started it, but I will attempt to finish it too.

[GuidoT]

They are likely to know when the hearing is and are unlikely to turn up, in particular as it is a prelim.

 

Personally I would not phone them, they settle when they are ready. However they can be bit random sometimes.

 

A allocation hearing is nothing to be concerned about, you will be fine.

[GuidoT]

I am pleased for you, how much was it in the end?