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    • Is the letter headed Letter of Claim/before Claim or similar? If not, it sounds like more of the threatogram chain. If you're not sure, post up an anonymised copy of the letter and we'll check. HB
    • So guess what, we have received a final demand letter for £100. It states if payment is not made by 11/06 they will have no option but to forward the case to their litigation dept with a view to commence County Court Proceedings. So just wondering if anyone has any advice. Do we ignore this? or do we need to take action? Thanks 
    • hi dx, thanks for helping just re-reading everything this morning and I must have missed this one from uncle in his thread "What you should not do, is not contact the Banks and simply default on payments. "  are you in disagreement with this based on your last sentence?
    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
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Jessy v Lloyds


jessyireland
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Hi there:|

I had a letter from Lloyds offering me £750.00 out of the £3800.00 im trying to get from them. Obviously I declined the offer and I sent a letter straight back by next day delivery which I still have proof of postage for. I sent the letter monday morning so they would of recived it tues morning but today when I logged onto my account they had still refunded my account with this money which I asked them not to do unless it was a part payment. Also mon I sent a court claim form to start proceedings so I need some advice on what is the best thing to do now?

Many thanks

Lucia:confused:

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Hi Lucia

This is the latest tactic from LTSB, refunding part of the claim. Have a look at the following, hope it helps:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Dont worry Lucia, carry on as normal and send the letter Barty just linked.

 

Did their letter say the settlement would be 'full and final'?

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 very much, I did actually send a copy of that letter monday afternoon which they would of received tues morning as I sent next day delivery but yet they still credited my account wed morning. They did say it was the last and final payment but I have sent of the court claim so can this still go ahead? I havent touched the money but it is still in my account!

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Don't worry, just carry on as normal. You refused it as full and final settlement and they credited it anyway the next day. They received your letter so they are taken to have accepted your condition that it would only be part-settlement.

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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  • 1 month later...

OK, you shouldn't have too much longer to wait. Lloyds will not let your claim go to a hearing.

 

The date set for the court date will depend on how busy your local court is.

 

Please post any further queries on your thread in the lloyds forum, we will get to them as soon as we can :)

PLEASE READ THE FAQ's

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The courts are usually pretty good and very helpful. It can help if you wait a few days and then ring the court manager and very politely enquire if they have received your letter and cheque. Very occasionally,they bring it forward,they did when i rang!! But it will depend on how busy the court is and how good you are at sweet talking!!

Good Luck,

cuzznx:)

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  • 3 weeks later...

Hi

Have you got directions on your court letter about when to submit your evidence? Have a look below at an idea of what you need in your "court bundle":

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

 

It seems a long way ahead, but the Courts are very busy at the moment, hopefully they will pay up sooner rather than later.

 

Good luck!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Bundles of documents for hearings or trial

 

3.1

Unless the court orders otherwise, the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

 

3.2

Unless the court orders otherwise, the trial bundle should include a copy of:

 

(1)

the claim form and all statements of case,

 

(2)

a case summary and/or chronology where appropriate,

 

(3)

requests for further information and responses to the requests,

 

(4)

all witness statements to be relied on as evidence,

 

(5)

any witness summaries,

 

(6)

any notices of intention to rely on hearsay evidence under rule 32.2,

 

(7)

any notices of intention to rely on evidence (such as a plan, photograph etc.) under rule 33.6 which is not –

 

(a)

contained in a witness statement, affidavit or experts report,

 

(b)

being given orally at trial,

 

©

hearsay evidence under rule 33.2,

 

(8)

any medical reports and responses to them,

 

(9)

any experts’ reports and responses to them,

 

(10)

any order giving directions as to the conduct of the trial, and

 

(11)

any other necessary documents.

 

3.3

The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial.

 

3.4

The preparation and production of the trial bundle, even where it is delegated to another person, is the responsibility of the legal representative5 who has conduct of the claim on behalf of the claimant.

 

3.5

The trial bundle should be paginated (continuously) throughout, and indexed with a description of each document and the page number. Where the total number of pages is more than 100, numbered dividers should be placed at intervals between groups of documents.

 

3.6

The bundle should normally be contained in a ring binder or lever arch file. Where more than one bundle is supplied, they should be clearly distinguishable, for example, by different colours or letters. If there are numerous bundles, a core bundle should be prepared containing the core documents essential to the proceedings, with references to the supplementary documents in the other bundles.

 

3.7

For convenience, experts’ reports may be contained in a separate bundle and cross referenced in the main bundle.

 

3.8

If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle next to it, suitably cross-referenced.

 

3.9

The contents of the trial bundle should be agreed where possible. The parties should also agree where possible:

 

(1)

that the documents contained in the bundle are authentic even if not disclosed under Part 31, and

 

(2)

that documents in the bundle may be treated as evidence of the facts stated in them even if a notice under the Civil Evidence Act 1995 has not been served.

 

Where it is not possible to agree the contents of the bundle, a summary of the points on which the parties are unable to agree should be included.

 

3.10

The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses.

This is what a former colleague of mine sent me who is a solicitor, there is also a link on my thread for help on this website.

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

Hope this helps

Matt

*Prelim sent 6/2*

*Response received 15/2*

*LBA sent 15/2*

*N1 Submitted 12/3*

*£750 Goodwill Gesture Received 26/3*

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Hi!

please can someone help me. Im really confussed about what im ment to be getting together for this court bundle. I have been given a court date for the 3rd May and I have to send my court bundle by 19th April. I have looked at court bundle link and printed off all the law package as such but it doesn actually explain what your ment to include and put together. Maybe im just being thick but I dont want to come this far and mess up at the last hurdle. PLEASE HELP!:-? :-? :-?

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Hi,

Please help. I have been given a court date for the 3rd May and I have to present my court bundle by the 19th April but I really dont understand it. Maybe im being stupid but I dont want to come this far and mess up at the last hurdle. I have printed off the court bundle law package thats on the link but it doesnt actually say what your ment to put togehter and what to include etc. Please help? :-? :-? :-?

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Hi

The first page has a contents list on it, have you printed out each of the documents that is on this? You also need your statements with your charges on, all letters between you and LTSB and a your latest schedule of charges. I know it looks very complicated, all I can suggest is keep reading it over and over, and see if you can gasp a basic idea of what it's about. Hopefully they will settle before you have to submit it.

 

Good luck!

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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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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5 threads merged.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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