Darling 2 takes on the TSB**won**

[darling1]

Today I recieved the Notice that Acknowledgement of Service has been filed they filed it on the 25th January 2007.They have indicated their intention to claim. giving them selves 28 days to file a defence.

With it was a form with SC&M address and fax nos etc.

DO I HAVE TO DO ANYTHING AT THIS POINT OR JUST WAIT...and wait ..and wait!

One thing, on the responce pack photocopied page it says address to which documents about this claim should be sent (letter dated 24th jan 2007)

 

 

Sechiari clark And mitchel

Department So, PO box 499...blah blah

Brighton East sussex

 

 

And on the other letter dsent by te court it says the defendant has given a new address for service of documents... (letter dated 25th JAn 2007)

 

Andover service

Recovery Centre

Charlton Place

Andover SP10 1RE

............................. what is going on here, which one is the right one??

[darling1]

hello BUMP!

[darling1]

Received a copy of the LTSB defence this morning - the court wrote "Please find enclosed a copy of the Defendants defence for your records and await further direction" (QUOTE) I take it I am suposed to await further directions, not that they are waiting for further directions from me? - I supose I do nothing and wait for the AQ? The defence came from SC&M although as you see above (#55) they had given their post address as the Andover address?

There is a 9 point defence claiming that we knew of these charges when we opened the account (2) and that "the charges are for banking services,and are not damages nor a penalty;"(8.1) is this the normal defence letter?

This was served on the 26th Jan 2007.

[darling1]

Doea anyone know if the defence I was sent is the normal letter? see #58, obviously I only posted a little bit of it . my typing speed is v slow;)

[darling1]

Thanks Guido, Have looked at you thread, the letter i received is exactly the same as yours. So I will just sit back and wait for the AQ. I am going to use the new stlye reply on the AQ, as I have never seen one I have no idea what I am talking about. But I have read up on it, and nearly get it!!

I find that everything is daunting untill you actually deal with it.

One slight worry - this is a claim on behalf of my husband, who at first thought I was wasting my time, untill I won against the Halifax:p . I am a little worried that if this ever got to court, Im goining to have to do a lot of coaching:shock: , and he is going to have to catch up on 4 months of reading threads!!

 

Oh well another bridge to cross - as and when!!!

[darling1]

Thanks for that - Am I the best person torepresent him! I c*ck up almost everything I go near! But I am sure it will not come to that.

Thanks guido

[darling1]

Thanks Guido - I'm sure I will be bugging you all with questions very shortly when the AQ comes -I want it to be perfect! -don't the LTSB drag this thing out, why don't they just give up fighting and get their house in order asap. therefore creating themselves less work for the future...

[darling1]

I know what you say is true Gary, but Just the mention of the words "in the fast track" and "not in the small claims" brings me out in a hot sweat... I shall have to go and lie down now! .....

[darling1]

Hi guido thanks for that - I need telling to calm down again & again & again..... Just when I thought it was safe to relax a tiny bit the postman has arrived with an AQ in his cold and gloved hands...they do seem very quick at Salisbury Court, defence only came yesterday.......Now what EXACTLY do I put on it...every space seems a bit confusing, Can I claim at this stage all the extra expenses Like postage, potocopying and paper and Time??? or is that just tough ti**y?

 

PLEASE HELP ME, they would like it back by 16th Feb, I would like it back tothe court asap!

[darling1]

8) Are you Mr cool or what,...GuidoT!! ......will do!!

[darling1]

The Aq is a N150.

I am a lilttle confused about the new stategy,as when I read the Bankfodder sticky about it , it was all about advice for the small claim, giving directions as if I was small claims -I amobviously going t be fast track, Do you think I should I should put small claims in the part that says what track do you concider to be the most suitable for my claim? (even though it is for £11000 + and at this point, can I add any extra costs incurred, like the £10.00 SAR I forgot to add and postage /papers/ costs etc?? How long will my trial time estimate at??

[darling1]

HELP -

I have been filling in the AQ form,In pencil!! I have a few quiries regarding the N150, (claim for over £11000)

1, Track - I have been advised that I could still ask for it to go through the smallclaim track - but did we decide that it would be quicker to go fast track?? Although it has higher costs,if I lost?? and arnt the new strategy for asking them for an early disclosure more for the small claim track -

2, F Directions - do I use the new stategy here??

3,H Other info - Do I send a revised scedual of charges here, as I got the £750. after I had filed, or would it be simpler to leave the scedual as it is and just put in here that I have now recieved £750, and had informed the court of it and the date of the letter I sent them. It would p[robably be simpler to do it that way?

4, guido sugested that I could represent my husband in court, do you think that would be wise? as I have been doing all the work on this claim,where would I put this info, am I a witness? if so how come. and would me being there mean he was not now an "individual litagent ".

 

Please help!!....So many questions, so little time!

[darling1]

THanks GaryH - sorry more questions!

Section G does not have a space for me to say that my husband wishes to be representedby me. (& what good would I be!......ahhhhhhhhhh) Should I put that in the any other info bit, or in the witnesses bit? or where!

 

One thing, do I only send this to the court, or do I do 3 copies. Do I send it to [problem] or Andover. - the bit right at the top that says have you sent a copy of this completed form to the other party(ies)yes or no ?

 

In the witnesses bit - I have to put my husbands name - done that! but what do I put in the Witness to which facts??

[darling1]

Bump

[darling1]

Sorry to keep bumping! I am trying something out!

[darling1]

Hi GaryH...ref "sorted now?"............not quite!!!

 

where do I put that I will be representing my Husband??

 

and what do I put in section D do I put the £11635.70 Original amount minus the £750.00 = £10885.70? and then do I add the £100 here that I have to pay for the AQ?

[darling1]

Hi GaryH

 

I have done it!! I have managed to complete the AQ - I usd the PDF that you kindly linked to me, I was in such a muddle. did it on the original form, forung my writing too scruffy and had to add bits a paper, so used the pdf one. I am so pleased with myself, think I have remembered everything you have told me..Thank you so much for being so patient with me.

I actually feel proud that I have completed it!!!!! Bring on the court case!! (NOT REALLY:p ) Darling1

[darling1]

Bump

[darling1]

Michael Browne has just advised someone on their thread that they should send a schedual of charges with the AQ. I took my AQ to the court last week - but didn't give another SOC with the AQ HELP - have I c*ck£d up?? The AQ didn't have to be in before the 16th If I need to can I add it before that date??

I thought that it was not neccessary yet!! Oh dear!!! HELP -

[darling1]

Ahhhhhhhh thanks GiodoT, you are right (again!) this was a MCOL and I had already sent a scedual with my N1..Thanks for that..silly me:lol:

[darling1]

Thank you MTM, I have been aware of the contractual interest situation all along - but in this case I am not prepapers to put myself through any other hoops. I know it is my money and I have the right etc! But this is dragging out forever as it it, And as it such a large amount I am going to probably have to go through fast track ( i have obviously requested small claims though) So I am am not prepeare to have the TSB make it any more difficult than it needs to be, or to have any argument against me - But thanks for your (forthright!) comments, and thanks for caring . If I was less desparate and more brave I would go through with it!!

[darling1]

Just opened my post and there is a court letter that says

 

 

District Judge ****** has considered the statements of case and allocation questionnaires submitted in this claim and has decided that a hearing is necessary before a final decision about allocation can be made.

 

Reasons for hearing are as follows: QUESTION ABOUT TRACK, SETTLEMENT AND SKELETON ARGUMENTS.

 

DISTICT JUDGE ****** orders you to attend at 10:30 on the 13 April 2007 at ******** county Court, (address) time estimate 20 minutes.

 

(Note if you fail to attend the hearing, the court may order you to pay costs of the other parties that do attend. Failure to pay those costs within the time stated may lead to your statement of case being struck out)

 

What does this mean, is this the pelim court hearing or a pre prelim hearing?? The track bit is about £11000 being claimed in the samll claim track as advised by this thread - to see if it can go through that way...HELP PLEASE...what would our legal argument be? and will I be able to rep. my husband as requested in any other info on the AQ.

[darling1]

Goodness -I have been away in wet and cold yorkshire for the weekend, and have come home to a very interesting thread!

 

I will not be following the contractual interest route on this claim because I dont want to. I don't really have to justify myself - But I will I suppose, in the interest of freedom of info and all that! We are not prepared to be guinnipigs, precisely because I have been reading and researching as many threads as I can. I am not that confident of the argument for contractual interest.

 

MTM sounds like a bit of a legal eagle, I ,on the other hand am not. This is not an exciting fight for me, quite the opposite. I don't feel fired up and ready to take on the world. Just worried. Some of us just want all this over asap. With an acceptable and fair result. I will feel that I have won if we get back what I originally set out to do, get back our money and the 8% if it went to court, that was always our target. This has been going on for long enough!

 

LTSB are swines, they will fight till the end and if we end up in court, I am not a confident speaker, and my husband who is a very confident speaker, is not prepared to speak in court. He has no confidence he would win, and feels completely defeatist about the whole thing. Some of us less legally minded souls loose confidence in ourselves under pressure, you know. Thats how lawyers get us into a muddle and get us to agree tha we have a donkey head on in court, if asked! - I know I've been there! (well you know what I mean )

 

The reason we are considering the contractual interst route with the other banks are they are small claim track and are more often settled early. The risk to us financially is small.

 

Really MTM, we are not all crusaders, but thanks for the advice

[darling1]

Hi Guido

I was awake last night thinking about the comments made by MTM and I thought again long and hard about everything he says. I have decided that most of us on the site are only the usual ordinary folk, who know the bank has done us wrong and would like that put right, with the least stress and expence.

 

I like many other people have been through hell in life, and even taking the bank on at all, is very, very stressfull. I feel that I am a winner, as I have won against the Halifax with no conditions, and the family are very happy and proud of me. I have paid off lots of debts. I don't really have anymore debts - and to risk what we have achieved ( with costs in the fast track) and possibily come away with nothing seems stupid to me.

 

I suppose I am trying to say that I feel that MTM is trying to bully me into something I am very uncomfortable with. I respect his opinion though and he is very welcome to take any action he wishes, but I thinkk I shall just go on as before.

[darling1]

Thank you for you wise words vampiress - I am honoured!