kkatiew v Lloyds ***WON***

[GaryH]

I've today received 2 letters from Court. One is a General Form of judgment or Order which states ' The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days.' - I'm presuming I don't need to do anything for this ?

 

 

An order for what? Can you post it up in full please?

[GaryH]

Yep, what Barty said.

 

As well as everything in the court bundle, amend to suit and add this to your evidance too - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177. You need 3 copies of everything - one for you, one for the court and one for Lloyds solicitors. Get it all off ASAP, but certainly no later than the date ordered. A settlement should follow soon after.

[GaryH]

If it got as far as court then you'd need them. Luckily, as we all know the chances of that happening are miniscule. Just send your bundle in without them, I can't see that you have any other choice.

 

You need everything from the court bundle in the templates, all correspondance between you and Lloyds, your statements or account information, a schedule, the McNamara interview (templates - soundfiles) and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

 

You need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).

 

Get this all off and then ring SC&M and ask where their documents are. They should then say that the settlement is in the post.

[GaryH]

Good luck kkatiew, keep us informed;)

 

Is the court bundle the same if the account is a business account?

 

Yes... EXCEPT, you cannot include the consumer law statutes - ie the UTCCR and UCTA. These are not relevant to business claims and cannot be refered to. Seek further advice if need be.

[GaryH]

Here you go, send this to the court and a copy to SC&M -

Dear Sir/Madam,

 

You -v- Lloyds TSB

Claim No:********

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated **/**/**.

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, on which it intends to rely at the forthcoming hearing.

 

I made a request of the defendant's solicitor by telephone on **/**/** to provide me with its documents. The Defendant informed me that it could not tell me when, or indeed if, I would be receiving its documents as it was "awaiting clients instructions".

 

I can confirm that my documents were filed on **/**/** and served to the Defendant on **/**/**.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully

[GaryH]

It does'nt mean anything. Its just a fob off.

 

I would'nt advise anyone to ring SC&M anymore. They'll just give you the run-around. As long as you sent the letter above to the court then just sit back and let them do the chasing.

[GaryH]

Exactly!

 

This issue is coming up alot lately, Lloyds are getting very sloppy. I think I'll start a thread especially for it.

[GaryH]

Yep, as Andy said.

 

We should be grassing them up at every opportunity - every missed deadline makes them look bad and us look good in the eyes of the court.

[GaryH]

Hang on in there Katie, this is all par for the course for Lloyds claims.

 

It much depends on when your court date is as to how soon you get a settlement - SC&M have even admitted that they only settle when the court date is immenent. Unfortunately, you may be waiting a little while longer yet, but as Barty said, just think of all the interest mounting up at 8% apr - you would'nt get anywhere near that rate in a savings account!

 

Your next action will be to send SC&M and the court the letters for bundle non-compliance when their time is up. Obviously thats quite a way off yet, so untill then just try to relax about the whole thing. Be prepared for every eventuality obviously, but don't let it worry you. Thats exactly what Lloyds are trying to do!