moongarden v Lloyds

[moongarden]

hi,

i've just sent the letter before action to lloyds tsb for £2140. i worked out the interest on this to be £363.02 so a total of £2503.02

 

i get paid on 15th of july and am just writing my budget for the month.

 

how much should i allocate for court fees? is there anywhere i can look to work them out prior to completing the moneyclaim forms?

 

i have looked on the moneyclaim website and searched on here but can't find anything

 

thanks

[Michael Browne]

Moneyclaim fees:

£1000.01 to £5000 = £120

Allocation Fee = £100 for claims over £1500

[moongarden]

thanks - so i take it i need to pay £220

which i haven't got at the moment

[Michael Browne]

The £120 is paid when you initially file a claim. Bank has 14 days to acknowledge, if they do they have an additional 14 to file a defence the court will then send you an Allocation Questionnaire, which you send back with £100 fee.

 

So the answer is yes, but not all at once and if the bank settles before allocation you don't need to pay the £100. Both fees are reclaimable and will be automatically added to your claim

[moongarden]

thank you so much. i should be able to manage that.

[moongarden]

Hi,

I've just got home tonight to find that lloyds have waited until the last minute and then entered a defence against me.

 

The actual defence part of their statement looks fairly standard "the bank is entitled as part of that arrangement to charge for those services" etc "the charges are fair and reasonable" and so on.

 

I have received an allocation questionnaire which i have completed (in pencil at the moment)

 

i have a few questions though - i'm travelling abroad in september for 3 months so should i put these dates as not available?

 

there is still a month before i go but is it likely to be possible to get a court date before then? (they have drawn this out as much as possible - i started this months ago)

 

what happens next?

 

thanks

[rdm2006]

P M a mod with your details

[saj]

Hi moongarden. The courts are really busy right now and I would guess you are unlikely to get a court date that soon. It would be wise to put all the dates down when you are not available. Good luck and enjoy your travels...Saj x

[moongarden]

thanks guys. looks like i'm not going to get my money back anytime before i go travelling which is a shame.

[moongarden]

hi,

anyone else having problems sending messages via the buddy system?

my court appearance is on wednesday and i wanted to try and see if someone could come with me.

also does anyone have any guidance as to what legislation i should print out and take with me?

i've already got copies of all correspondence, bank statements, my spreadsheet of calculations, statements and copies of manual interventions.

thanks

rachel

[kkatiew]

Hi,

 

Did you copy and send the court bundle ? 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 !!!!.

 

Kind Regards

Katie

 

You need 3 copies of everything.

[moongarden]

thanks katie. i haven't sent the court bundle as i have been out of the country for nearly three months and just got back last week.

 

what should i do now? ask for an adjournment?

 

ive just tried again to send messages via the buddy system but its not working

it says

"Warning: mysql_fetch_assoc(): supplied argument is not a valid MySQL result resource in /home/cag/posttobuddy.php on line 9"

so i'm not even sure its sent

 

yikes, i've got 48 hours to print, read and highlight all the bundle.

 

also i did not submit my statement of evidence 14 days before as i was out of the country.

 

how much does it cost to adjourn?

 

sorry but am having a small panic!!

[moongarden]

just been down to the court, paid £35 to apply to adjourn the case.

they took my money and went away to talk to a judge who said he would hear the application for adjournment on wednesday at 2pm - the time the case was due to be heard.

 

what do i do now?

[jonni2bad]

Did you indicate that you would be 'away' at any previous point during the claim?

 

If so, when, and what did you put...

 

Also, what papers have you received from the court (in all) during the claim period, and what have you received from the defendant so far?

[moongarden]

hi,

i told the court (Edited to say - I wrote on the AQ under the bit where it asked when i would/wouldn't be available) when i took my Allocation Questionnaire in and paid my second set of fees that i would be abroad and I gave the dates of my flights.

 

I have had the following correspondence:

 

22 Aug 06 - letter from HMCS stating that defendant has filed a defence and enclosing a copy of the Defence and Counterclaim - filed by Seciari, Clark and Mitchell which tells me i knew about the charges and they are part of the contract. The letter also asked me to file the enclosed AQ and pay the fee of £100 before 10th sept - which i did.

 

13 September - letter "General Form of Judgement or Order"

"It is ordered that : Unless the Claimant and Defendant do file allocation questionnaired by 4pm on 21st Septemver 2006 the claim and defence may be struck out"

 

23 October - Notice of Allocation to the Small Claims Track (Hearing)

Giving date of hearing 24th January at 14:00

Requesting written copies of the evidince no less than 14 days before.

I received this letter in West Africa in early December.

 

That is all the correspondence I have received.

[jonni2bad]

So, the dates when you said you would not be available - they included the date that you were expected to exchange bundles?? Is that correct?

 

If so, I see no reason why a Judge would not adjourn once he/she hears you were out of the country and listed the dates on the AQ.

[moongarden]

hi, just an update - the case was adjourned and i've now had a letter saying the case will be heard after 14th feb but not telling me the actual date yet.

on the same day as the adjournment i sent the full bundle by special delivery so i am now waiting to hear from lloyds or for a date from the court.

thanks

[moongarden]

ok, i've now had a letter from the court telling me the case will be heard on 20th April. i've sent off the bundle by special delivery etc so now nothing to do until nearer the time?

[GuidoT]

Although you probably have a bit of wait now, when invariably SCM do not issue a bundle then send the letter(s) here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html