Lincoln & Newark Court Claims

[kazzaw]

Has anyone else got claims in through Newark or Lincoln County Courts?

 

Myself plus another CAG member have just had an interesting experience with our cases & I'm interested to know if it's happened to anyone else.

 

We are both claiming against Lloyds TSB.

 

Please post here or send me a PM. Don't include any personal info - just basic details such as Bank & username & maybe a link to your CAG thread.

 

Here's a link to mine where you'll see what is happening:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/20752-kazzaw-lloyds-asset-card.html

 

Thanks

 

Karen

[BankFodder]

Has your friend received the same order?

[kazzaw]

I think so. It's not a friend, just another CAG member who posted on my Asset Card thread in the Lloyds section.

[MahatmaCoate]

Good afternoon BankFodder,

 

Yes I have received the same order. The wording of the first sentence is slightly different but fundamentally says the same thing:

 

" The court of its own motion is considering striking out the Defence herein on the basis the Defendant is settling all claims of this type and the Defence herein is therefore not a proper one"

 

The court order was issued from the Lincoln County Court on the same day as Kazzaw's.

 

HTH

 

MC.

[JonCris]

WHOA! It appears that the flood gates might be just about to open. The money lenders are going to have to come up with another tactic other than lodging phoney defences if this continues.

[natwesttookmymoney]

Which is great news

 

Happy New Year, JonCris.

 

Westy

(in rainy and dark Dorset)

[Glenn UK]

Which is great news

 

Happy New Year, JonCris.

 

Westy

(in rainy and dark Dorset)

 

Doesnt that make it sit rep normal then?

 

GLenn

 

PS happy new year to you westy too.

 

Not forgetting JC but ive spoken to him so he doesnt need another HNY.

[natwesttookmymoney]

"Doesnt that make it sit rep normal then?"

 

Grrrrrrrr!

 

I'll have you know the sun shines a lot round here. The stream at the front of my house was dry for about 8 months straight over the last 18 and probably over 12 overall. And the road I live on is called Water Street.

It has, to be fair, been living up to its name the last couple of weeks. Definitely welly time.

A v special Happy New Year to you, Glenn!

Westy

[stan5131]

Should we all be asking for our claims to be transferred to Lincoln? lol

[MahatmaCoate]

I was wondering if there would be any mileage in helping [problem] "comply with directions" by sending in a list of Lloyds claims, compiled showing claim number, date and settled/trial - with a magnifying lens for the trial side?

 

Or just stand back and watch as the hole gets bigger:p

 

MC.

[natwesttookmymoney]

Stand back, watch and enjoy!

[tominator]

This is interesting stuff, just about to start this off myself and im a Lincoln local. Will let u kno

[pjdavies2000]

Is there anything in this though that we can use in other courts - I know it's not case law, but if a court strikes out a defence, then surely that is setting some sort of precedent, which if I remember correctly from my GCSE law, means that only a higher court can change it?

 

What I want to know is is there a reference we can quote in the AQs that serves as a directional point for judges, and a LOOK HERE MATE for the banks, making them settle earlier?

[JonCris]

Any judgement in any court which has not been preceded can be quoted in any other simular matter before another court.

 

A judgement becomes a precedent when it has exhausted all the courts upto the House of Lords.

[kazzaw]

If you listen to Radio 4 Money Box programme at 12.00 today (Saturday 27th January) you might hear Bankfodder, Mahatmacoate & I being interviewed about the Lincoln Court Orders!!

[tgsh2006]

Any judgement in any court which has not been preceded can be quoted in any other simular matter before another court.

 

A judgement becomes a precedent when it has exhausted all the courts upto the House of Lords.

 

County Court cases NEVER set precedents but can be quoted as persuasive authority as to what another court at the same level has done in a similar case. Cases become binding authority from the High Court upwards.

[JonCris]

County Court cases NEVER set precedents but can be quoted as persuasive authority as to what another court at the same level has done in a similar case. Cases become binding authority from the High Court upwards.

 

erm isn't that what I'm saying!

[tgsh2006]

erm isn't that what I'm saying!

 

Not quite; you were suggesting that cases only become binding once decided by the House of Lords. That is wrong in law. A case become binding once it has been decided by the High Court (2 rungs down the ladder from the Lords) That is an important point; as most cases (especially on Appeal from the County Court) never go any further than the High Court. Therefore that Court does set many precedents. Only the real big cases of National Importance ever see the light of day in the Lords.