wannagethelp vrs Lloyds ***WON***

[wannagethelp]

Good morning everyone,

 

I need help quickly,,,,,,,,I'm trying to complete my AQ and even though it looks easy it isnt, I'm confused:confused: ....I did look at the links I was advised but not sure about what to put as GaryH says something about a new one and you can put something on to stop ltsb asking for a month stay,,,,,,oh dear,,,,,,any advice,,,,,,shall I just follow the original format or the new one, getting stressed,,,,,,can i phone someone, ha ha......I don't seem to be able to absorb much lately, but I just read nimo's thread and it was brilliant, I wanto to win, I will win!,,,,,,,but help

 

Alos, how do I get my costs back,,,,,do I haveto meniton it on my QA,,,I mean the court costs of £120 and AQ cost which is £100......?

[pt2537]

Hi wannagethelp,

 

firstly, dont panic, the piece you refer to is i assume this http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html which gives guidance as to what to put in section G/H (depending on which AQ you have N149 or N150) to stop lloyds applying for a stay to delay things as they seem to like doing. if i was going to use this i would probably go for the first bit as like GaryH says the second pat is very aggressive and i personally wouldnt use it on my Aq but atthe end of the day its your choice. the other part you need to include in my opinion is a draft order for directions see here http://www.consumeractiongroup.co.uk/forum/general/57707-draft-order-allocation-questionnaires.html?highlight=draft+order+for+directions and there is also guidance here http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html regarding AQs

 

if you are still stuck then let us know what part is causing you the probs and someone will try to help you out

 

 

regards

paul

[wannagethelp]

Hello,

 

This is going to sound really like I'm really thick,,,,I don't understand the QA thing,,,I've got up to the G section of my N149 and have drafted up the bit from GaryH about asking to set aside the stay of a month, but I dont understand waht esle to put,,,,,,,I dont reocnise the new AQ (or the old one for that matter),,,,,so I'm totally stuck,,,,,to nervuos to actually fill that bit in.......

 

The template saying

 

xxxxxx claimnat

v

xxxx defendant

 

 

blah blah

 

I s not on my N19...........can anybody tell me what actually to put before I put the bit from GaryH about the stay......

 

please be patient,,,,,,its the last bit (hopefully), and I'm really nervous and have to lend the money to pay for the blasted thing to add insult to injury..... :( Also, can anybody tell me how they ask or get the costs back already paid for e.i. £120 moneyclaim and this £100 AQ fee?

 

Thank you

[GaryH]

Don't panic, just take your time and everything will become clear.

 

I suggest, as Paul said, that you attach the draft direction to your AQ to propose to the judge. This would mean, if the judge agree's it, that Lloyds would be on a very strict deadline to disclose the true costs of their charging systems. Guess what? They won't. They'll pay instead.

 

You can also incorperate into section G your objection to a months stay.

 

All you need to do is print off this;

You -v- Bank Plc

Claim No:*******

 

 

 

N149 Allocation Questionnaire

 

 

 

Section G - other information

 

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

 

The Claimant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

- The actual loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendant's charges were accepted as being a fee for a contractual service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is incumbent upon it to disclose such information.

 

Additionally, the Claimant is aware that 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, Willesden and Mansfield County Courts.

 

2. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

3. The Claimant is aware that the defendant is now routinely requesting a stay in proceedings in claims of this nature, by indicating an intention to negotiate a settlement in section A of their allocation questionnaire.

 

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has rebutted or ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

 

It is submitted that the request by the defendant is highly likely to be an attempt to further frustrate and delay proceedings, and the pattern of settled cases so far would strongly suggest that the defendant does not intend to settle these matters until a hearing date is imminent.

 

Accordingly, the claimant respectfully requests that any such request by the defendant is turned aside.

 

And this -

 

In the XXXXXX County Court

Claim number XXXXXX

 

 

 

 

 

 

Between

 

 

XXXXXXXX - Claimant

 

 

and

 

 

 

XXXXX - Defendant

 

 

 

 

 

Draft Order for Directions

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Attach both these sheets to your AQ.

 

Then in the actual 'section G' box of the AQ, write this;

 

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

Ok?

[wannagethelp]

Good Morning Gary,

 

Was watching my inbox waiting for someone to reply,,,, right, that is really helpful and clear, so do I add the bit about the month stay on the sheet or type it up and attach it?

 

Also, how do I ask for my costs back?

 

Errrrr, do I find those pages you showed me here or do I look somewhere else so I can print them off?

 

Thanks again,,,,

[GaryH]

The bit about the months stay is numbered as 3. on the same page as the request for the draft order.

 

You should copy and paste each page into word so as you can print them off.

 

Left-click at the start of the text, hold the button down and drag it over all of the text so as its highlighted in blue. Then right-click and choose 'copy'.

 

Then open up word for windows, right-click again on the blank screen and choose paste - voi-la!

 

Do the same with the second page and print each one off. So then you'll have 2 seperate sheets to attach to the AQ, and you should write this in the actual 'section' G box on the AQ itself -

Please find the following attached to this allocation questionnaire;

 

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

 

The £100 fee is only payable if your claim is over £1500 - if not there is no fee. If your claim is over £1500 and you have to pay the fee, you'll get it back automatically in settlement or upon judgement - as you will the MCOL fee. No need to request it on the AQ.

[wannagethelp]

oh dear,,,,,,,,,cant do it........can highlight and so the bits are blue but when I right click to copy it just gives me the option of select all and the highlighs dissaprears and it just selects/copies everything and it wont paste even onto my word page (it says something about outside it) ......I'm using my laptop doe that make a difference,,,,no mouse just buttons

[GaryH]

PM me your e-mail address and I will send the pages to you as attachments. All you'll need to do then is fill in your personal details and print them off.

[wannagethelp]

Right, that's it,,,,,,been to the court today, qued for ages and paid my £100 for my AQ and enclosed the section G notes and Draft thingy as advised by GaryH (thank you),,,,,then went to the post office, qued again, and recorded delivery'd my copy of AQ and G notes and Draft, (that is all you have to send to SCM snt it?,,,,and so now do I just wait?

 

Must admit, although extremely skint, will have to eat beans the rest of the month, I do feel relieved that bits done:)

[wannagethelp]

Right, that's it,,,,,,been to the court today, qued for ages and paid my £100 for my AQ and enclosed the section G notes and Draft thingy as advised by GaryH (thank you),,,,,then went to the post office, qued again, and recorded delivery'd my copy of AQ and G notes and Draft, (that is all you have to send to SCM snt it?,,,,and so now do I just wait?

 

Must admit, although extremely skint, will have to eat beans the rest of the month, I do feel relieved that bits done:)

 

Hi everyone,

 

Is there anyone out there who is at my stage with LTSB or even better, a little in front or won even,,,,,,,,,,,I need some light at the end of this tunnel I'm in,,,,,extremely skint and trying to stay hopeful:)

[nicsussex]

There are may that are at the same stage, many that are a little bit in front and also may that have won. Unfortunately LTSB will drag it out right until the bitter end - but you will get your money back.

[wannagethelp]

Thanks for your quick reply,,,,,,,have been searching the site looking for anybody who is at this stage, or just in front,,,,,,,,can't seem to find one,,,,

 

So,,,,,anybody reading this and applies......please post so I can read your thread,,,,,thanks in advance

[dolly]

I am at the same stage but our directions were that the AQ was to be dispensed with. Think we filed our MCOL on 9th March.

[pt2537]

im a little behind you as lloyds have just acknowledged my claim, dont worry though as you are more or less on the home straight now,if my memory serves me correctly, you will soon get a court date from your court along with any directions ordered by the judge. its basically a waiting game from that point on for lloyds solicitors to get in touch and discuss a settlement. if you want to read other peoples success stories then go to http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

[GaryH]

Yep, don't panic - this is perfectly standard as far as Lloyds claims go. See pt2523's post above.

[wannagethelp]

Thanks, very much appreciated:)

[wannagethelp]

Sorry everyone,,,,,,just soooooo, skint and wish they would reply at least to my AQ,,,,,,,,,just knowing they have to pay me this money and I'm sitting here worrying if my phone line is going to be cut off and then I wont even be able to read this site for support,,,,,,,I'll just have to and bear it eh? These banks have so much to answer for eh?

[pt2537]

dont worry, youre on the home straight now.from what i have read lloyds have started paying out atthe AQ stage in some claims although i dont want to get your hopes up you never know. one thing is for sure, as long as you have followed the proceedures laid out on this website you will get your money back

 

im sure you will hear something soon

good luck,

 

 

regards

paul

[wannagethelp]

Hello,,,,,,need some advice, again,,,can anyone out there tell me how I can subscribe/keep check on another forum members thread without having to trawl through all the pages please

[GaryH]

Go to the top of the thread and click on "thread tools", then click on "subscribe"

[wannagethelp]

Thanks for the help with subscribing:)

 

Just to update,,,,,,phoned court yesterday who stated my papers were with the judge for direction......and so am now waiting for my court date,,,,should I have asked if they (SCM) asked for, or got a stay? I know the court have received their AQ.

[GuidoT]

You should have asked, but it is probably a bit too late now as the papers are going before the judge. If SCM have asked for a stay it is likely the judge will allow it.

 

I went through all this stay nonsense, but it turned in my favour; eventually, see my post 58 on wards below:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-3.html

[wannagethelp]

Hello,

 

I've received a letter from SC&M, well 2 actually,,,,,,,but I'm not sure what to do,,,,,,,1 letter says they are going to defend and the other letter, says the same thing on one page but think it means I've won,,,on the other page,,,,,can a mod please contact me please,,,,,don't know how to proceed.

[curlychic]

What does the leter say ?

Nobody can help if you dont let us know.

[wannagethelp]

Hello everyone,,,,,,think I've won but just a quick question........is it the norm they, SCM, ask you sign the bottom of the letter and return it to them and to contact the court to tell them of full settlement (including court costs and interest I might add,,,,,,before they deposit the monies... Just, I dont want to get this far and get conned:(

 

Anyone????