KevinBacon Vs Lloyds TSB

[kevinbacon]

I have just received acknowledgement of service from the court. It says they have 28 days from the date of service to file their defence. Is this from the date it was deemed to be served (the 22nd April) or the date they have acknowledged? (1st May)

 

The solicitor is Sechiara Clark and Mitchell, Brighton.

 

Has anyone had dealing with these? What can I expect to happen next?

 

Thanks again for your advice

[ironman20082006]

HI Kevin

 

I believe its 28 days from when it was served so effectively they get an extra 2 weeks

 

With me they then entered a defence and got it transfeered to local county court within the time frame and it looks as if there is 100s of cases being seen to on 25th June

The Court expects them to be settled and have not asked for Allocation Questioaires as it is all the same defence

 

Good luck

 

Iroman:cool:

 

 

 

,nn

[kevinbacon]

Money owed by Lloyds TSB

7QZ52910

Defence

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

 

 

waaaaaaaaaaaaaaa! what do I do next?

[olliebollie]

Hi Kevinbacon,

 

I got exactly the same response on my claim.

I then got a letter to inform me that my case was transferring to my local court (oxford). Then a second letter a few days later giving me a date for court of 10th August. With:-

1. The defendants do file and serve skeleton legal arguments at least 21 days before the hearing.

2. Claiment at liberty to reply at least 7 days before the hearing.

3. 30 minutes has been allocated for this case....blah blah blah.

 

So you will probbaly receive a letter shortly to tell you where you case has been moved to.

 

Regards

Bev

[kevinbacon]

Should I contact the bank or their solicitors again? Maybe I should tell the solicitors I will accept charges of £5 for each penalty as will deduct that amount from my claim if they will settle it.

 

I should start to collect information for court then I guess {sigh}

[BARTY]

Should I contact the bank or their solicitors again? Maybe I should tell the solicitors I will accept charges of £5 for each penalty as will deduct that amount from my claim if they will settle it.

 

I should start to collect information for court then I guess {sigh}

 

Hi

No don't send them a letter like that, it'll make you sound desperate and they'll drag it out even longer.

Everything is going to plan so far, you have nothing to worry about.

You will receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

If you don't receive an AQ, read this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Barty:)

 

 

[olliebollie]

Hi again,

 

As Barty wisely advises above - don;t send their solicitors a letter.

I got a 14. para defence from SC&M with the normal blurb on it.

I didn;t have to fill in an Allocation Questionarie (and hopefully you won;t get one either). It all seems rather daunting at times but stick with it - everyone on here is really helpful and have encouraged me go on with my case when I felt like giving up.

 

Good Luck

[ironman20082006]

HI Kevin

 

I got the same from mcol transferee to my local court court date 25/6 loads of cases on that same defence Lady at court says they will settle like last time.NO AQ required

 

Just patience

 

8-) Ironman

[kevinbacon]

I just recieved the letter from my local court (Chesterfield). As you said before it has the allocation questionaire crossed out.

 

Lloyds or their solicitors have also entered their defence I presume its the same stuff they send out to everyone, saying their charges are not penalties etc and we agree to the charges when opening an account.

 

Also, the charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to regulation 6 of the unfair terms in consumer contracts regulations 1999, are not subject to the assessment of fairness.

 

I called the court and the lady said directions will be sent out by the court.

[ironman20082006]

sounds like same defence as mine

 

[kevinbacon]

I have just read an interesting link from barty's response about not recieving the allocation questionaire. Is this what we should send out to the court as a polite request of what to include on the directions? If so I should get this printed out and sent off right?

 

Did you send this out ironman?

 

Reading some of that statement of evidence it looks like we could have the bank by the short and curlies!

[ironman20082006]

HI Kevin

 

I did nt send the letter from Bartys link as I ve not got round to it yet.I rang my court to find out who to make a cheque payable for £100 and they wer confused -see below

 

The court just asked me to send a letter in stating I d received conflicting advice re the £100 fee from them and asking Court Manager to advise accordingly.The staff at my court weymouth did nt seem to know whether a fee was payable or not when AQ have been dispensed with

 

So at least my attempt to pay them is on file

 

[olliebollie]

HI Kevin

 

I did nt send the letter from Bartys link as I ve not got round to it yet.I rang my court to find out who to make a cheque payable for £100 and they wer confused -see below

 

The court just asked me to send a letter in stating I d received conflicting advice re the £100 fee from them and asking Court Manager to advise accordingly.The staff at my court weymouth did nt seem to know whether a fee was payable or not when AQ have been dispensed with

 

So at least my attempt to pay them is on file

 

 

Hi all,

 

On my letter giving my court date there was nothing about paying a £100 fee - so should I just take it I don;t have to pay one or is it best to ring the court??? I didn't have to send an AQ by the way.

 

Thanks in advance,

 

Bev

[kevinbacon]

Having read threads relating to further action that can be taken when given a court date, I am contemplating sending out the following letter to the court with the attached draft order for directions.

 

Just want to check that this is a wise move or not?

 

Dear Sir/Madam,

 

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

Please find the following attached to this cover letter;

 

1) Draft order for directions

 

A copy of this letter and its attachments were sent to the defendant on the 19th May 2007.

 

This website has been of great help and continues to be, thank you to everyone who has given me advice and those which have submitted literature templates.

 

 

[kevinbacon]

I have just had confirmation of my court date, the judge has allocated 1 hour of time on the 20th of August.

 

I have 21 days to submit my stuff. In light of the 2 recent victories by Lloyds TSB is there any new evidence i can submit to support my claim?

 

I think the court manager had taken my draft of directions as they more or less match what i had suggested. The best part would be Lloyds have to provide evidence of their costs involved in relation to the charges they provide for the service. As of yet no Bank has been prepared to explain those costs in a court of law.

 

Any help is appreciated!

[kevinbacon]

knock knock?

[ironman20082006]

HI Kevin

 

seems like a long wait to your court date suppose its down to how busy the court is

 

any way I m sure they ll settle you in full a week or two before

 

keep on rocking!

 

Ironman:cool: