Darling 2 takes on the TSB**won**

[darling1]

Thanks GuidoT and GaryH - Thank you both for your fine opinions - GuidoT hope I havn't offended, I am being very very cautious (insert the word scared here if prefered!), as last year I was taken to the small claims court by my sons Playgroup (yes I know - how did I manage that one!!!) I was told by the owner that she was not prepared to put up with his behaviour - he was only 3 1/2 yrs old etc etc...so I took him out and placed him in a new school... Not giving the required notice because of the circumstances. Now, I had never signed a contract and had never been told how long to give, But the Judge slammed into me, kept refering to the understanding that everyone else but me knew about the notice - I dont know now he knew that, there was no evidence before the court and no contract that had been signed or acknowleged by me" ...I was made to look a total fool and although I know I had the moral high ground, he didn't give a damn, didn't want to hear a peep from us, My husband was also sued although he had never had anything to do with the negotiations, I was so angry I had to drive to Porsmouth that night and shout at the moon!!!!

So after that experience I am very very worried it will go into the court and I will meet that judge again.

Hope I did not offend - I would hate to do that:p

[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.

[GaryH]

Thanks for the compliment Guido, but I'm certainly not any sort of expert on any of these matters. I'm not from a legal background and my opinions or advice or suggestions (call it what you will) comes purely from experiance from my own (many!) claims and from research done within the past year.

 

Having said that, nobody on this site is an expert. Some are more qualified to offer advice than others and there are a few lawyers lurking around here, but even those who are legally trained can only give informal advice on a forum such as this and usually would'nt disclose their profession. I think the key is to use your own judgement, and seek a second opinion if necessary. You'll usually get a feeling for who's advice is generally sound and who's is perhaps is not. From what I've seen so far, I don't think you'll go far wrong by taking Guido's advice.

 

With regard to the letter, I'm not sure the extra sentance is necessary, although it won't do any harm. There is already a space for the date you received the payment, but more importantly, you would'nt actually be amending or physically altering the value of your claim. As I understand it, your obligation is only to notify the court immediately if you receive any payment after issue. The amount outstanding would be determined at the hearing, or as will almost certainly be the case here, upon earlier settlement.

[darling1]

Thank you I shall write and notify the court of the payment £750. immediately. Thanks again for our help. Heres hoping I will not need to go to Portsmouth ro shout at the moon ever again!! (pls see #51)

[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!

[GaryH]

Just wait for the time being. The next step is the allocation questionnaire, which you will recieve after they file a defence. When you get it, you should definately use the new strategy which is detailed here - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Interesting that they changed the address for service of documents. I think this is a clear sign that SC&M cannot cope with the weight of claims, and presumably then they'll start dealing with them in-house from now on. Mind you, its not like you need specialist solicitor's to issue mass produced template defence's is it?! Use the address which they gave you in the most recent letter.

[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.

[Pen]

Hi Darling1, I called the courts today and acknowledgment of service was filed on the 27th Jan. the courts told me that Lloyd's have 14 days to respond which is the 10th Feb. so like you I also will wait and wait. why do you think mine is 14 days and yours is 28 days, confusing or what

Pen

[BARTY]

Hi Pen

They have 14 days from date of service to acknowledge, and 28 days form date of service to enter a defence.

 

Darling1 - you should get an AQ to fill in any day now. Use the link that Gary posted earlier to fill it in, also send a copy to SC&M.

Barty:)

[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;)

[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

[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!!!

[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.

[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

[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.

[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...

[GaryH]

Also, as you'll probably be allocated to the fast track, its highly likely that the judge will agree to the proposed directions. That'll give Lloyds 28 days to either put up or shut up, ie provide disclosure of their costings. Obviously its highly unlikely that they will, they'll almost certainly settle instead.

[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! .....

[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.

[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!

[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.

[darling1]

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

[Pen]

Darling1, you better calm down as I am reading all these with interest, I'm following you all the way so far.

Pen

[GaryH]

Hows the AQ going Darling1?

 

What type is it, N149 or N150? Have you used the new strategy, yes?