Claiming from Lloyds TSB ****WON****

[amber_ellie]

Thanks Tanz. It's been going on for so long now I am not counting my chickens about settlement beforehand. I know everyone else has been lucky but it could be our luck will run out. If we plan for it to go all the way then we won't be too disappointed. It would be nice to receive settlement though before the air fare is paid out!

[TANZARELLI]

Thanks Tanz. It's been going on for so long now I am not counting my chickens about settlement beforehand. I know everyone else has been lucky but it could be our luck will run out. If we plan for it to go all the way then we won't be too disappointed. It would be nice to receive settlement though before the air fare is paid out!

 

You'll def get one if claim is straight forward enough 6 year with stat interest.

[amber_ellie]

Yup - totally straight forward.............just been reading thread about Tom Brennan. Offered 4k and refused :o , wouldn't have the nerve to do what he is doing but would have the nerve to accept and run! lol

[TANZARELLI]

Yes 4k is I nice sum to keep things ticking over for a good while eh?

 

He must be confident in his case.

[amber_ellie]

Received our Notice of Allocation to Small Claims Track (Hearing) on 28th June, should take no longer than 1hr 30mins - says notification.

 

It also states: A party affected by this order may within 7 days of sevice of it upon him apply to the Court to have it set aside, varied or stayed.

 

I take this to mean that even though I followed the new procedure the Judge has ignored it (stayed part that is).

 

Does it make any difference if the Court Bundle is sent in well before 14 days of hearing i.e. is it more beneficial to us? I don't intend to leave it until the last minutes as I want to get it in asap.

[GuidoT]

Yes it looks like the judge has ignored the New Strategy order.

 

Can you post up the full order please.

 

It is prudent to get the court bundle in as early as possible as it may act as a catalyst for settlement.

 

This is a good link on bundle preparation:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[amber_ellie]

District Judge Shanks has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 10.00am on the 28th June 2007 at xxxxxx County Court xxxxxxxxx and should take no longer than 1 hour and 30 minutes.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing.

 

A party affected by this order may within 7 days of service of it upon him apply to the Court to have it set aside, varied or stayed.

 

Date: 12th April 2007.

--------------------------

That's it.

[TANZARELLI]

No draft order applied there.

[amber_ellie]

No draft order applied there.

 

Is that good or bad?

[GuidoT]

It is better to have the New Strategy Order as it should make them pay sooner, but your hearing is not that far away anyway.

[amber_ellie]

Doesn't it mean though that they can ask for a stay and the case delayed a couple of weeks? Wonder why the Judge didn't take note of the New Strategy Order .

 

No guesses for who I am now thinking could fall at the Court stage . Would just be our luck.

[GuidoT]

There should be no further stays, the trial date is now fixed.

 

Sometimes judges ignore the new strategy, sometimes they do not, it depends on the judge.

[amber_ellie]

Thank you GuidoT. That is reassuring to know.

[Chrissieleigh]

Hello - Can anymore please tell me exactly what charges I can claim back? I cant seem to find anywhere which tells me exactly what I can claim for and am not understanding the interest thing as well - I am about to send a preliminary letter and about to attempt to do a schedule.

[TANZARELLI]

Doesn't it mean though that they can ask for a stay and the case delayed a couple of weeks? Wonder why the Judge didn't take note of the New Strategy Order .

 

No guesses for who I am now thinking could fall at the Court stage . Would just be our luck.

 

My last two claims with the draft order were ignored by the judge, as it has been mentioned it very much depends on the judge.

 

Tanz

[amber_ellie]

HELP! What happens if my son doesn't turn up at Court??? His new company are sending him on a course and are not prepared to allow him to fly back ............................. atm .

[TANZARELLI]

Can't imagine he'll be needed as it prob more than likely wont get inside a court room.

 

You/he would prob need to speak to the court I would think.

 

Tanz

[GuidoT]

You need to inform the court at least 7 days before the hearing.

 

If you look at the bottom of Track Allocation order (the one in your post 130) it should tell you what to do if you cannot turn up (I do not have one to check though).

[amber_ellie]

Found it. It does state: If you cannot, or choose not to, attend the hearing, you must write and tell the court at least 7 days before the date of the hearing. The district judge will hear the case in your absence, but will take account of your statement of the case and any other documents you have file.

 

We did put on the AQ that he may be represented by me if necessary. However I would assume that it is best not to advise he can't make it until roughly ten days before the date. Correct me if I am wrong but if we do it before then surely that gives Lloyds an extra button to push and hold out for not settling?

 

I'm doing the court bundle atm.

 

In the Witness Statement 33a - the sum of £750 was deposited, like everyone else, without our permission/knowing and just before the MCOL was filed. Shouldn't we add that this was deposited without us knowing? As he doesn't have an internet account, despite asking for one months before all this started, he didn't know about the credit until we had started the proceedings.

[amber_ellie]

I think I am slowly going mad. Somewhere on here is a list of what you should send (I've looked through court bundle). I am sure it was GaryH. It says about OFT report and only needing Overview pages, Disguised penalties 4.2, McNamara case etc. I can't for the life of me find it and neither can I find my copy that I was ticking off what I had done. Could someone point me in the right direction please? Thank you.

 

EDIT:

The witness statement was the one that was six pages but in fact I found it to be seven pages *shrugs shoulders*.

[ULTRA691]

Hi new to site i worked out my charges at £5107 with interest over last 5 years with Lloyds TSB done the letters ,where do i send to my branch or head office cheers .ultra691

[GaryH]

I think I am slowly going mad. Somewhere on here is a list of what you should send (I've looked through court bundle). I am sure it was GaryH. It says about OFT report and only needing Overview pages, Disguised penalties 4.2, McNamara case etc. I can't for the life of me find it and neither can I find my copy that I was ticking off what I had done. Could someone point me in the right direction please? Thank you.

 

EDIT:

The witness statement was the one that was six pages but in fact I found it to be seven pages *shrugs shoulders*.

 

Here you go Ellie, its in the stickies - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

 

Ultra, please start your own thread, you'll find you get much more help that way. The information you require is actually in the sticky thread at the top of this forum.

[amber_ellie]

Thanks Gary. Are there two "Got a court date" threads 'cos I looked through it over and over today and just couldn't find this one. Oh dear must be a senior moment .

[amber_ellie]

We do not have any draft orders on our case and therefore haven't had to adhere to anything specific.

 

So I have copied the basic court bundle as stated plus the recent "sticky" re which pages of the OFT report to send.

 

1) Send "latest schedule of charges" - does this mean as at the date you send the Court Bundle i.e 1st June 2007?

 

2) Do you send the very first letter you wrote asking for the statements and paying £10 fee?

 

Please and thank you !

[BARTY]

Hi

Yes to both:)

 

Barty:)