Pt2537 V Lloyds TSB & Black Horse Finance ###won###

[Sparkie1723]

This is quite normal, when they have supplied the info the judge has asked for you will be aske for your further admissions to reply and that will be considered as your reply to the defenece.

dont worry

sparkie1723

[pt2537]

thanks Sparkie,

 

i thought that the judge had asked the bank to supply proof of how they calculate their charges, surely this is the one thing the banks have been reluctant to do as it would show that their costs are disproportionate

 

is it likely that the bank will not supply this info? its just that the way i interpreted the order i thought that lloyds would probably pay up before the date the judge gave on the order

 

is that right?

 

 

regards

paul

[Sparkie1723]

Hi Paul

That is exactly what the judge has asked for,..... the breakdown of the charges and of course it is ie 99% certain they will not do that, in fact it looks at first glance that this judge is attempting..... to get that exact point from the Bank by stating what he has , I do not think they will go anyway near the court under those circumstances ...I say good on that judge!!!

 

He s puting them to the test in his own way, he must be one of those who is getting fed up with the banks and wants to get them in court to say EXACTLY what it costs for the charges they've applied

 

sparkie

[pt2537]

Thanks sparkie.

 

just wondering if anyone knows when lloyds are likely to settle based on past cases? is it likely to be before the 11 june or are they likely to just ignore the directions that the judge ordered and string it out even longer

 

any thoughts would be apreciated

[GuidoT]

Lloyds had a pattern of making full offers around AQ stage if you are claiming 6 years of charges and SI only. It can all be a bit random though.

 

In terms of settlement they do not really take an notice of the court orders, they just do their own thing, I am about 6 weeks ahead of you, have a look at my thread it will give you an idea what to expect and includes some letters that you can send:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-6.html

[pt2537]

Hi GuidoT

 

thanks, it would appear that they are a law unto themselves in complying with court orders, and there was me thinking i was gonna get my money to buy my new superbike.

 

i have read your thread and it seems then that its gonna be a wait and see what happens sort of game. i will post again when i hear something

 

thanks again

 

paul

[pt2537]

WELL,

 

dont wanna speak too soon but ive just got off the phone to SC&M, it would appear that they are not going to comply with the directions ( i wonder why)the judge ordered in the post i made on the 23rd May 2007. they said that they would be intouch soon with a view to settling, i asked when that would be and they said by the end of this week as i said i would inform the court if they failed to comply with the judges orders which they said would not be necessary as they are going to settle asap

 

so overall a good result but im not taking it for granted til the money is in my account

 

i will update this post when something happens

 

paul

[GuidoT]

On the 11th issue a letter along these lines:

 

'I refer to the matter above and the order made by District Judge Rhodes dated x 2007 – copy enclosed.

 

I advise the court that the Defendant has not complied with the said order, in that it has not served its evidence, or any such documents, as specifically directed.

 

Accordingly, as the said order states ‘If the defendant fails to comply with this order, the defence will be struck out without further order’, it is requested that the defence of the Defendant is struck out forthwith and judgement entered in favour of the Claimant for the full sum claimed of £x, i.e. £x (initial claim) + £100 (AQ fee) + (x x £xp) (number of days until the date of this letter x daily interest accrued).

 

In view of the Defendants abuse of process I will be seeking payment of costs and will forward details to the court shortly.'

[pt2537]

Hi GuidoT,

 

Thanks for that, i have been told i will have a letter confirming settlement by monday first post so if it doesnt arrive then i will send the courttt the letter you suggested as im not going to give lloyds a free run to take as long as they like thats for sure

 

i will let you know what happens

 

 

regards

paul

[pt2537]

Well, the morning post has been and gone and guess what.....Nothing from SC&M so i guess i will be sending the court a letter requesting their defence be struck out as per the order.

 

just curious though, i though the CPR didnt allow for costs? i wouldnt mind recovering some of the costs of posting, letters,time taken to prepare etc but how do i go about claiming costs in this case

 

any help would be appreciated

 

 

thanks

 

paul

[GuidoT]

In small claims generally cannot recover costs, the exception in where one party has behaved unreasonable, see here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html#post774414

[GuidoT]

Oh yes and here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs-updated.html

[pt2537]

GuidoT

 

you are a star

 

Thanks

 

paul

[pt2537]

Just one further question which isnt prima facie very clear, can anyone point me to what exactley i can claim for and how much ie can i claimfor preparing letters and if so how much etc

 

if anyone can point me to the right place that would be great

 

 

 

thanks

paul

[pt2537]

Doh,,

 

just read the application for costs that GuidoT pointed me to and answered my own question.

 

however can someone please give me an opinion on how much time to prepare the case would the court consider as being reasonable, i thought around 20-25 hours including research etc

 

any thoughts?

[GuidoT]

I have seen around 30 - 40 hours quoted as reasonable.

[pt2537]

Hi GuidoT,

 

Thanks again for your advice,

 

i have sent the letter you suggested regarding SC&Ms non compliance with the judges orders and have asked for judgment.

 

i phoned them up yesterday to see if they would like to enter into dialogue but they just said someone will call you in the week,somewhen. i dont know how they get away with this type of behaviour

 

paul

[pt2537]

well, ive been doing some digging and after speaking to the law society it appears that SC&M may be in breach of the code of conduct for solicitors for failing to comply with the courts orders. as a result i have sent a letter of complaint to the solicitors regulation authority in leamington spa. i am told that they can be reprimanded for this type of conduct so i will wait and see what happens

[GuidoT]

You get very little joy with speaking to SCM, I just do not bother anymore.

 

If you get anywhere with the regulation authority, then let us know, we have plenty of other non compliance evidence.

 

At the end of the day remember that SCM are essentially part of Lloyds. These are the worst type of law firm, as they become a law unto themselves.

[pt2537]

Hi GuidoT,

 

yeah, i kinda guessed that SC&M were not very helpful after speaking to them so i wont be bothering any more, the law society have put me on to the Solicitors Regulation Authority, they appear to be very interested in my complaint as apparently they are breaching a couple of the codes of conduct for Solicitors. i have filed a complaint so i will let you know what they say

 

regards

paul

[pt2537]

hi everyone

 

well, i was told by SC&M that they had written to me to settle on the 9th june, i never recieved the letter so i called tehm again on thursday and they said they sent it to my old address even though i wrote to them informing them i had moved. they said they were sending a letter to settle again to my new address but im still waiting. i had guessed that they would fart around with the settlement so unbeknown to them i have written to the court requesting judgment and also for costs due to their unreasonable behaviour.

 

does anyone know how long it usually takes to recieve judgment from the courts as the letter has already been there 7 days now

 

 

regards

 

 

paul

[Sparkie1723]

HI pt2537

 

It varies from court to court sometimes 7 -10 days sometimes 14 to 21 days

 

sparkie

[pt2537]

Cheers Sparkie

[pt2537]

Well,

 

i aint got the money yet.... but i did get a letter from Lloyds TSB (SC&M) offering a full settlement although it did have conditions attached but im not worried about that as i have moved banks

 

im not going to get the title of the thread changed to WON yet as i dont have the money and dont want to tempt fate so to speak.

 

still good luck to everyone who has lloyds claims going and dont give up

 

 

regards

 

pt2537

[Sparkie1723]

pt2537

I'm rooting for you, glad to hear S*** shovellers, Cowdung & Muckspreaders have come upwith an offer,

 

sparkie