In court next week!!

[Gemma Birmingham]

Hi everyone,

 

I thought I would join this site to see if anyone can offer me any advice.

 

I am due in court next week (24th Jan) with Lloyds TSB, to reclaim 827.00 worth of bank charges.

 

I occured these charges at university, in 2005 and decided (with a push from my mum!) last year to reclaim them back. Any way to cut a long story short I followed all the letter proceedures that are recommended and they didnt offer me anything, so I'm taking them to the small claims court.

 

I was hoping someone could offer me some advice about what will happen and what I should prepare for. All the step by step guides to reclaim your charges seem to stop at the 'going to court' step. I have been researching on the internet and have found that there is a case where the bank has won, and one site implied that if they do win I could emd up paying their court and Lawyer fees, which I can NOT afford! So im getting a bit scared and very nervous:sad: , so any advice will be welcomed.

 

Thanks

Gemma

[GaryH]

Hi Gemma,

 

Is it the final hearing or a prelim or allocation hearing?

 

Did the order have any directions to provide evidence? If you could post up the order it would be very helpful.

 

Don't worry about costs - there is a 'no costs rule' in small claims track cases which protects you from any potential costs liability

 

Can I also ask which sites guides/templates you've used?

[Gemma Birmingham]

Hi Gary,

 

Thanks for getting back to me.

 

I think this is a final hearing, I went online and filled out the allocation questionnaire etc, they have filed defence, so then I got give a court date. So to be honest im not sure whether its a prelim or final, from my judgment i would say it was final.

 

I dont think ive had an order to provide any evidence, but I do have all my statements and correspondence with the bank, so im not sure if this will help.

 

you've put my mind at rest about the costs, that was starting to freak me out a little.

 

I have used a number of sites, (well my mum has done a lot of the research) but I have used the money saving expert and the consumer action group website.

 

I dont know if this helps you, Thanks for your help very much appreciated.

 

gemma

[Stan1]

Hi Gary,

 

Thanks for getting back to me.

 

I think this is a final hearing, I went online and filled out the allocation questionnaire etc, they have filed defence, so then I got give a court date. So to be honest im not sure whether its a prelim or final, from my judgment i would say it was final.

 

I dont think ive had an order to provide any evidence, but I do have all my statements and correspondence with the bank, so im not sure if this will help.

 

you've put my mind at rest about the costs, that was starting to freak me out a little.

 

I have used a number of sites, (well my mum has done a lot of the research) but I have used the money saving expert and the consumer action group website.

 

I dont know if this helps you, Thanks for your help very much appreciated.

 

gemma

Can you perhaps type up the letter you received telling you the court date and post it on here? There's a big difference in what you need for a Prelim/Allocation Hearing and the Final Hearing. It really is best not to just take an educated "guess" as to what hearing this is.

 

Once you've posted the exact wording of the letter, you'll have many people on here who'll be able to provide you with further help.

[Gemma Birmingham]

I will put the letter on tonight, dont have it with me at the moment.

 

I havent heard of a prelim hearing. whats the difference between that and a final hearing. will i have to go through both? whats the outcome of each?

 

sorry many questions i know. but any info will be appreciated

 

thanks Gemma

[Gemma Birmingham]

hi

 

heres the letter from the court

 

"Notice of Allocation to the small claims track (hearing)"

 

Deputy District Judge ***** **** 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 10.00 on the 24th January 2007 at ******* county court and should take no longer than 1 hour 30 minutes.

 

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

 

 

Hope this helps you understand what kind of hearing it is.

 

thanks very much

 

Gemma

[GaryH]

Hi Gemma,

 

Its the final hearing, although it is very unusual that you did'nt get any directions. Its probably a good idea to ring the court and ask why no directions have been ordered. Its not Stoke on Trent court by any chance is it?

 

Anyway, its very likely Lloyds will pay before the hearing. They haven't actually defended a single claim in court yet out of hundreds and there is no indication that they intend to start to anytime soon. They do leave it very late on occasions though, sometimes settling the day before!

 

Having said the above, by filing a claim in the first place you are accepting the prospect of possibly having to go to court and should certainly prepare as if you are.

 

There is plenty of information availible on this site to guide you through every eventuality, but it requires some planning and research. In fact you could have made this so much easier for yourself if you had come here and asked these questions and prepared yourself properly earlier. You haven't left yourself much time!

 

In the event you did have to go to court, you'd need to persuade the judge that the charges are unlawful contractual penalties. Heres some links to help you build your case;

 

Statement of evidence - http://www.consumeractiongroup.co.uk/forum/general/57707-draft-order-allocation-questionnaires.html#post450746

This will give you a good understanding of the issues and could form the basis of your arguement, but it should certainly not be considered as any sort of 'script'. You need to understand the issues yourself and be able to convey them to the judge.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

http://www.consumeractiongroup.co.uk/forum/guidance-notes/637-case-guidance-notes-bringing.html

 

Heresa the court bundle which contains all the statutes and legal precedents, etc, which form the basis of your claim -

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

[Gemma Birmingham]

Hi Gary,

 

Thanks for all that, will have a good read around and do my prep.

 

I know i'm rubbish leaving these things until the last minute but to be honest i really thought they would offer a settlement. A quick question on that actually, I thought the settlement had to be a least a week before the court date otherwise i couldnt cancel the court date? But from what you said i take it they can offer settlement up to the day before.

 

You asked what court it was, you were close with stoke on trent, its actually stafford, (their both under staffordshire county council!!) What would they normally write for directions?

 

thanks Gary really appreciate the help

Gemma

[tyshamitdeb]

Hi gemma

 

Im hoping to start claiming back my charges ive had over the last 4 years but after reading your post im a little worried did they not offer you any money at all before taking it to court? im getting the impression lloyds are tough stubborn ********! keep us updated and good luck!

[thumbs_up]

Guys, Lloyds are tough and in giving away the money theu've taken from you, don't expect them to be anything but.

You're on strong legal ground. Expect it to go to Court and you won't be stressed. Provided you're prepared, well read and ebullient, you'll actually enjoy the experience. I am, although their stalling tactics are a complete and utter pain in the arse!

Good luck, both of ya

[GaryH]

A quick question on that actually, I thought the settlement had to be a least a week before the court date otherwise i couldnt cancel the court date?

 

They can choose to settle at the doors of the court if they want to. Why would you want to cancel the court date - have you been advised to cancel it if they don't settle? If so, I'm afraid thats terrible advice and it would amount to abuse of the court process.

 

What would they normally write for directions?

You'd normally get ordered to submit all the evidence upon which you intend to rely at the hearing, usually by 14 days before. The evidence relevant to your claim is everything I linked for you - the court bundle and statement of evidence, etc. You'll need to take all this with you if you do end up having to go to court.

[Gemma Birmingham]

Thanks for all the replies, I will be phoning the court today and asking them some questions about the directions.

 

Gary a big thank you to you I wouldn't have known any of this is you hadn't of mentioned it. I guess thats what Lloyds bank on tho, people not knowing the system and not preparing properly.

I hadn't been advised to cancel the court date if they didnt settle, I was just under the impression that if they hadn't offered a settlement 7 days prior to the court date that they couldn't as the court date cant be cancelled (think thats me misinterpreting things so thanks for putting my mind at rest)

 

to "tyshamitdeb" dont be put off because they havent offered me a settlement itd just their ploy to scare me off, and to be honest it did nearly work just stick with the advice off this website, from what I can gather the people here know more about the processes than the bank does!!! will keep you updated and thanks for the support.

 

I am now in the mind set that I am going to court and i'm going to kick some ass!! (or just sit there and cry! one or the other! he he)

 

thanks again, will keep you all posted, and if anyone has any more advice or pointers for me please let me know!

 

Gemma x

[Gemma Birmingham]

Hi

 

I just rang the court today about not recieving any directions, and apparently the judge didnt order any, which the lady I spoke to said was strange as they are normally sent out with the order from the judge, therefore the judge purposely didnt send any directions. Not sure how to interpret that???

 

anyway the woman I spoke to asked me if there was any documents I needed from Lloyds, I cant think of any, does anyne know if there are any I should ask for. And also what documents if any do I need to send to them prior to the court date.

 

Luckily as the judge hadn't issued any directions I can still keep my court date and just send any documents that I want as evidence as soon as possible.

 

 

Its all a bit strange but I guess nothing ever goes to plan when dealing with Lloyds!!!

 

well defo going to court on wed then!!! eeek!!

 

Gemma:eek:

[GaryH]

Hi again Gemma,

 

Its quite unusual for the courts not to order directions, but not unheard of. I would'nt read anything into it. Chances are its just that the court are sick and tired of managing and dealing with masses of these claims only for them all to be settled by the banks before the hearing. They're just minimising their workload (and paperload!).

 

As no directions were ordered, you need'nt send anything to the court in advance. You will need to take all the documents and materials on which you intend to rely with you to the hearing though - 3 copies of everything in fact. Most of what you will need is in the basic court bundle which I linked for you. Add to that the statement of evidence (plus the supporting docs) and also the McNamara interview, which is here (the transcript will be fine) - http://www.consumeractiongroup.co.uk/forum/cuttings-soundfiles-library/118-peter-mcnamara-bbc-radio.html

 

If you need some more moral support, heres Natasha77's thread who is in a simular position -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/30109-natasha-lloyds-tsb.html

[mooreda]

you'll probably get an offer a couple of days before your hearing

[Gemma Birmingham]

Thanks for that Gary

 

Im going to sound really stupid asking these questions but i dont know so i ask!

 

You've said to put together the bundle which is fine, i have tried to read the 40 doc and try and make sense of it, but im struggling (now i wish i did a law degree!) i was hoping either you or anyone else who knows could quickly let me know what the document proves and if there are any significant areas that i should focus on. I know i should understand all of it but its quite difficult and if it comes down to it i need to know how to use it in court!!

 

thanks guys

 

Gemma x

[GaryH]

http://www.consumeractiongroup.co.uk/forum/guidance-notes/637-case-guidance-notes-bringing.html

http://www.consumeractiongroup.co.uk/forum/general/57707-draft-order-allocation-questionnaires.html#post450746

 

They should give you a good understanding of the issues. To be honest you don't need to fully understand all the statutes and legal materials within the court bundle. Only a very small part of each document is relevant to your claim, but the whole lot needs to be included in the bundle. You certainly don't need a law degree - nobody else here has one, and we've done alright in winning our claims so far!

 

The statement of evidence highlights the legal provisions which you do need to understand.

[Gemma Birmingham]

Hi everyone

 

just finished most of my prep, just need to get everything clear in my head and work out a little speech.

 

Just a thought, IF they choose to settle prior to the court date (even minutes before) will i be able to claim back additional charges such as time spent on prep, photocopying costs and anything else i can think of! or will they just pay the amount of the charges plus interest??

 

it sounds like im getting really greedy!! i just resent spending money on a load of prep and copying when the chances are they wont show!

 

getting very nervous now, eek!!

 

Gemma x

[seank]

hi Gemma

 

i am in the same boat as you - hearing next monday in pontefract

 

do not worry about the hearing- i do these all the time--they are very informal and the judges are fine

 

Sean in Leeds

[Gemma Birmingham]

oh my god its tomorrow!!

 

gonna ring the court this afternoon and see if they've offered a settlement,as ive closed my Lloyds accouunt im guessing they'll have to send a cheque???

 

eeeek!!! cant wait for tomorrow to be over

 

Gemma x

[j.wandless]

Good luck Gemma

 

Hopefully you'll get a settlement later on today.

 

I'll keep my fingers crossed for you.

 

I'm at the allocation questionnaire stage.

 

Debbie

[Gemma Birmingham]

thanks debbie, nice to know ive people supporting me.

 

Im very nervous about phoning the court really dont want to have to go, but if i have to then i will

 

you stick to your guns, and dont let them put you off, they'll cave in the end- I hope!!!

 

Will keep updated after i have phoned the court, think i'll wait til this afternoon

 

Gemma x

[sreeves48]

any news yet Gemma !

 

If you do go to court best of luck although you won't need it.

[Hibbit]

Hi Gemma, I have been following your progress with interest as I am am at the AQ stage now and also I am from Birmingham. Any sign of a settlement yet?

 

All the best for tomorrow should it go that far, I am sure everything will work out fine. Let us all know when you have any further infomation....we are all on tenderhooks!!

 

Good Luck and wishing you all the best.

[Gemma Birmingham]

OH FOR GODS SAKE- i phoned the court at lunch time and again just now (3 minutes before they close!!!!) and they still havent offered a settlement. So looks like I shall be making the trip to court tomorrow

 

what if they actually DO show up and I have to go through it all!! Really stressing now!

 

well looks like ive got a fun night planned of getting my argument etc clear in my head, oh and panicking.

 

Gemma x

 

any help/advice/words of support would be appreciated