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    • new thread created for this claimform please post here now for anything to do with it now . pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? lowell Solicitors : Overdales solicitors  How many defendant's  joint or self ? Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? 1. the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account (16 digits) 2. The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. 3. The debt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  4. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Do you recall how you entered into the agreement...On line /In branch/By post ? Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor? Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment? May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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museumsteve v Lloyds ****WON****


museumsteve
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Hi guys

I'm helping a friend go through this process against Lloyds before I start my own case.

She has got to final stages (I guess) and filed AQ into the court on 4th November paying her £100. She has heard nothing since then from anyone, what should happen next and should she chase anyone up. She had received the usual tosh from Lloyds solicitors with their AQ, which stated they would not be available for court during November..

Also (I did do a search but found nothing) what happens with any charges since her original claim. She has approx £300 in charges since putting the first claim in back in July, can she add these to the existing claim or best to wait till this one sorted and start again?

I'm looking forward to sorting mine out very soon.

Thanks in advance.

 

ps. I'm helping her cos she is not on the net at home (yes, there are still people who do not surf, how do they survive lol)

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Have you been doing this on her behalf or has she done a lot of this herself, the reason why I ask when you fill out the money claim online there is a section that automatically adds court fees. What other fees are you thinking about? The SAR is not refundable, but I suppose if you claimed from the outset for it you may get it back.

 

With regards to not hearing anything, you should be chasing up the courts, it's highly likely this claim is in a backlog waiting for a hearing. However have you had sight of the defendants AQ. If not request it ASAP.

 

There are template letters on here to combat pretty much everything.

 

About adding the charges, you will have to go through the whole process again, however I would say if you've beaten the bank already they'll cave in almost from the outset.

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I am also interested how you have acted on behalf of your friend, as I am going through this myself for me and once I am successful I will be doing it on behalf of my girlfriend, have you got her to sign power of authority or similar or are you writing the letters and getting her to sign them.

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sorry, not acting on her behalf, just helping her through the process as she isn;t really PC literate.

The fees we were thinking of were the £100 fee when submitting the AQ to the court, as the figures would have already been done.

I'll get her to ring the court on Monday morning.

 

Many thanks :)

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  • 1 month later...

Right, date is nearly here. Can I ask about court hearings? The hearing she has is on 7th Feb but is a Preliminary Hearing, I take it this is different from a normal hearing. Can anyone shed any light on this and what she might expect? I may even go with her for moral support :)

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Okay, it isn't 7th Feb it's 9th Feb, so this Friday.

I have had a look through various threads here and haven't seen anyone with the same paperwork wording that she has. It is on two sheets that arrived together back in december.

 

The wording on the first notice:-

 

General Form of Judgement or Order

 

Upon considering the court file

 

IT IS ORDERED THAT

 

List for preliminary hearing to consider evidence on time estimate on first open date after 7 days, time stimate 15 minutes

See attached hearing.

 

The wording on second notice:-

 

Notice of Hearing

 

TAKE NOTICE that the Hearing will tale place on

9 February 2007 at 1.00pm

 

When you should attend

 

15 minutes has been allocated for the hearing

 

Please Note: This case may be released to another Judge, possibly at a different court.

 

 

Can someone please shed some light on this? Is this a proper hearing where an outcome can be expected. I'm pretty confused and Dappy (Daphne) is getting the jitters.

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HELP PLEASE....:eek:

 

Really need to know what she should take with her tomorrow. The wording about the hearing is shown above in it's entirety so there are no directions and nothing was asked for previously, does this seem odd. I have trawled the forums and have not found another thread about a prelim hearing in this manner..:confused:

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Looks pretty standard stuff to me, the prelim will decide what if any the defendants defence will be and if both parties wish to go ahead to a full hearing etc etc, the defendant may not even show, good luck.

Have you prepaired for court yet as in your court bundle being prepaired?

Take any bundle you have with you

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Hi museumsteve,

 

I assume you haven't contacted the court about this and got any advice from them? I've also tried searching and not come up with a lot - I'm sure there must be help somewhere on here but it's a matter of finding it. We've got A Small Claims Guide and it does have some information on a prelim hearing.

 

Preliminary hearings are not a formality. The parties must prepare for them and make sure that they are ready to deal with points arising.

 

The notice of the preliminary hearing will give the reason for the hearing. If either side does not understand the reason for the preliminary hearing they should write to the court at once for clarification. The purpose of the hearing may be defeated if its purpose is obscure.

 

At the preliminary hearing the District Judge may strike out any claim, defence or counterclaim and may give directions as to how the case will progress.

So going by that you need to spend the evening preparing. From what I can tell it is a hearing where you are going to present evidence - but please understand that is just my interpretation. I think you best read through GaryH's Statement of Evidence post as a guide and adapt it for your case - this should be sufficient. That's all i can suggest I'm afraid. I think this must be along the right tracks.

 

Unfortunately (and this isn't just directed at museumsteve), I think this is a really important example of when you can't always rely on this forum for help and advice when you're in the court stage. I'm not saying that to put down the forum as it's an excellent resource, but I'm seeing so many people asking important questions regarding court claims and waiting for somebody on here to answer rather than finding out from the court - sometimes leaving it too late. If in doubt the best thing is to contact the court immediately as they will be able to help. :)

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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OK. Good luck. :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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crumbs, that was a manic couple of hours :)

 

Anyway I have prepared a Statement of Evidence as well as a Basic Court Bundle..but I do have a couple of questions.

 

On the Court Bundle, what is 'Correspondence' referring to, top of the index? Hope that isn't a silly question.

 

Also on Court Bundle should you supply copy statements as well as a schedule of charges , listed 2 & 3 on index

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Morning :)

 

I rang the court this morning to find out if Lloyds have sent anything in (as no settlement yet) and the lady told me they received a letter yesterday asking for a 14 day adjournment. She said the Judge would consider it at the hearing this afternoon..is this usual?

 

Anyway, we're all ready, everything bundled up nicely. I'll put up a rely later when we get back to let you know what happened.

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Just got back from the Court. The Judge said that she was surprised we (well Daph) had turned up as they had received a letter from defence saying they would settle the claim within 14 days. She also advised if the claim is not settled within 14days the case will continue and to contact the courts.

 

What is the best way forward now? Should we write to SCM and advise of the whole amount of the claim including up to date interest (as it is ongoing till paid up) as well as a break down of court costs and other personal costs (time off etc)?

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  • 2 weeks later...

Quick update.

Been 2 weeks since the court date and still nothing from Lloyds or SCM. We rang the court yesterday morning and asked what we should do and the lady said all we can do is write to the court and say the claim has not been settled. We then rang SCM, a pretty abrupt chap said he could not look at the files as they were in crates as they were moving offices. We told him we would submit a letter to the court saying the claim was not settled and would be applying for additional costs, his reply was simply 'Whatever'..not very impressed with that reply.

So what is next step. The 14 day period has passed since the court date, no communication from either company, is it simply a case of dropping a letter into the court and letting them know that nothing has happened? Will the court take care of things from here on in?

 

Any words of advice would be appreciated :)

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Yes, you need to write to the court. Tell them that the defendent has not carried out its stated intent to settle and has rebutted your communications, so therefore you respectfully request that a hearing be re-scheduled. They'll then allocate you another hearing. I'd most definately apply for a costs award with this one now - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

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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