museumsteve v Lloyds ****WON****

[museumsteve]

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)

[museumsteve]

oops..also, how do the various fees get added to the claim, things like £100 filing fee, MCOL fees etc?

[whoareya]

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.

[whoareya]

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.

[museumsteve]

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

[BARTY]

Hi

You should get this back included in your settlement when they settle up, just make sure you do before you accept it.

Good luck!

Barty:)

[museumsteve]

How bizarre, after waiting this long she got a leter in the post this morning from the court saying date set for a hearing of February 7th 2007. Anyway to get this moved nearer or is it a sit back and wait affair?

[museumsteve]

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

[museumsteve]

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.

[museumsteve]

No words of encouragement or advice? Pretty please

[museumsteve]

HELP PLEASE....

 

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..

[Bigmac versus]

Ok dont panic give me 10 mins to check for you and i will reply.

[museumsteve]

thankyou

[Bigmac versus]

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

[lucid]

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

[Bigmac versus]

Keep us posted on tomms events and good luck.

[museumsteve]

thankyou guys

[lucid]

OK. Good luck.

[museumsteve]

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

[museumsteve]

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.

[museumsteve]

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)?

[Bigmac versus]

Yes and told you there was nothing to worry about didnt i, go get em now.

[museumsteve]

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

[GaryH]

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

[museumsteve]

Thanks Gary..we'll get on it