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SeeSaw Vs Lloyds ***WON***


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Thanks Michael - again! Something along these lines - addressed to the court?

 

I understood from the acknowledgement of service issued by Giffen Couch and Archer that they would be submitting an application to contest jurisdiction.

As of the 25th February 2007 deadline no such application has been received. I would like to object to any application for transfer on the following grounds.

to follow - grounds as per citicards objection letter

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Hi - i'm just completing the AQ (and the letter objecting to any forthcoming transfer requests) and getting myself a bit worried.

In section G, as per the new AQ strategy, i should state

' The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise.'

However Lloyds have clearly stated in their defence that there is no breach of contract (and hence the charges cannot be penalties) - could this cause me a problem later on? should i just stick to the argument that the charges are unreasonable and dispproportionate as per the sale of good act?

Just after some reassurance that this defence is standard and i won't get stuck arguing what constitutes a breach of contract! :oops:

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Ignore my last lot of ramblings - i've read on through some statements and the draft directions and all is explained.

Must stay calm and collected! :D

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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  • 3 weeks later...

Just an update.

As of the 8th March deadline we had not received a copy of the completed Lloyds AQ.

Checked with the court today and apparently they have received it and the judge is reviewing. Looks like all we can do is sit tight and wait for a court date to come our way :( .

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Lloyds do not generally send a copy of their AQ to the claimant, worth checking with the court by phone to see if Lloyds have requested a month stay for settlement.

 

If they have requested a stay, then you want to get in before the judge grants the stay.

 

Have a look at the recent posts on my thread for more details:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-4.html

 

Let us know if the stay has been requested.

 

[url=http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-4.html#post596080][/url]

If I have been helpful please click on my star and add a comment.

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Thanks for the suggestion GuidoT - I was watching your thread with interest. Finally managed to check with the court yesterday and interestingly Lloyds have not requested a stay.

Worryingly they are being fully compliant and on time. :shock:

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Just received notice of a Disposal Hearing to be held on the 23rd April for 10 minutes. Can anyone tell me what this is for?

It doesn't give any other instructions but says 'Please note: this case may be released to another judge possibly at a different court' - is this standard procedure?

 

help!

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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From CPR

 

12.4

Prelim stage - I'm still none the wiser!

 

 

Disposal hearings

(1) A disposal hearing is a hearing ---

(a) which will not normally last longer than 30 minutes, and

(b) at which the court will not normally hear oral evidence.

(2) At a disposal hearing the court may ---

(a) decide the amount payable under or in consequence of the relevant order and give judgment for that amount; or

(b) give directions as to the future conduct of the proceedings.

(3) If the claim has been allocated to the small claims track, or the court decides at the disposal hearing to allocate it to that track, the court may treat the disposal hearing as a final hearing in accordance with Part 27.

(4) Rule 32.6 applies to evidence at a disposal hearing unless the court directs otherwise.

(5) Except where the claim has been allocated to the small claims track, the court will not exercise its power under sub-paragraph (2)(a) unless any written evidence on which the claimant relies has been served on the defendant at least 3 days before the disposal hearing.

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Hi Gary - sorry to become another one of the hundreds (and thousands!) of people requesting your advice but I was wondering if you could flash by my thread and post any advice you might have.

I've looked at your 'got a court date' document but it doesn't mention disposal hearings.

My thread is 'seesaw Vs lloyds - quick Q' - and i'd very very very much appreciate your help. Cheers. :-)

 

Sorry about the delay in replying - I was'nt around yesterday.

 

This is quite unusual. A disposal hearing is usually for when the claim for an unspecified amount has been admitted (or a judgement has been accepted) and a decision needs to be made on the total payable or the methosd of payment, etc.

 

You may want to give the court a call and ask why a disposal hearing, but otherwise I'd treat it as a prelim.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks for the reply Gary - i'll ring the court and check. Just wanted to make sure I wasn't missing anything.

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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We won! Received a letter from SC&M on friday and the money was in the bank the same day. Will be sending a letter to the court tomorrow.

Thanks for all your help - definitely wouldn't have come done it without all the info on this site. We'll be donating - keep up the amazing work and thanks again! :D

Regards, Seesaw :)

 

04Nov06 Registered with CAG, completed S.A.R - (Subject Access Request).

06Dec06 Statements received.

08Dec06 Sent pre-lim letter requesting repayment of £1615 with schedule of charges

23Dec06 Received initial rejection response from recovery centre.

30Dec06 LBA sent with schedule of charges

12Jan07 £750 partial settlement offer received

14Jan07 Rejection settlement letter sent

19Jan07 N1 Claim filed at county court

09Feb07 Acknowledgement of service from Lloyds

19Feb07 Notice that defence has been filed & AQ provided

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Great news, well done!!!:D;)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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