Hi Remember Me? Youngs Vs Lloyds TSB

[Bev77]

I've received an order in this morning's post. I'll type it up as it is:-

 

On Wednesday 18th July 2007 the papers in this claim were considered by District Judge J CHRISPIN who allocated the Claim to the Small Claims Track to be heard at Romford County Court on a date and at a time to be notified to you.

The following directions apply to this claim:

1) Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing.

2) The claimant is to prepare a schedule setting out details of all relevant charges, including amounts and dates, to be included with the copy documents.

3) The copies shall be delivered by 4pm on Wednesday 22nd August 2007

4) The original documents shall be brought to the hearing.

5) Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

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

7) This case will be listed for a prelimiary hearing on a date to be advised time estimate 15 minutes.

This order was made on Wednesday, 18th July 2007 by District Judge J CHRISPIN who used the Civil Directions template to insert the following automatically. Please check what CaseMan entries are required. If you do not know how to deal with orders produced from the Civil Directions template, please see the instructions which have been issued to each court.

Allocated to the Small Claims Track. Time estimate: one hour

 

I'm confused. On first reading I thought I'm going to need to do my court bundle now, then on 2nd reading I thought no I'm not as it's only a prelim hearing that will last 15 mins. Then later on it says 1hour?!?!?!

 

Do I need to prepare my court bundle and get that in by 22nd August?

 

Any advice will be much appreciated.

[broke dave]

Yes get your court bundle in before 22 August (earlier the better - **** sometimes settle when they have received your Bundle).

It looks to me like 2 hearings. A prelim hearing of 15 minutes and a full hearing of 1 hour. So you should soon receive 2 dates . Hopefully, things will be settled on or around the prelim hearing.

Hang on in there.

[Bev77]

Thanks Dave.

 

I've seen some people applying for costs (i.e. cost of producing 3xcourt bundles), and think maybe I could/should do the same. Any ideas how you go about doing that?

[broke dave]

I see GuidoT is on here at the moment so he will be able to advise on wasted costs. There is a template on here. I didn't bother myself as I wanted to get on with the other claims.

[GuidoT]

Have a look at the latter part of my Lloyds thread:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-7.html

 

and

 

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

[Bev77]

Thanks for the links

[dolly]

Bev, we are linked.....our hearing is on the 22nd August, your bundle has to be in by then! How weird.....

[Bev77]

Bev, we are linked.....our hearing is on the 22nd August, your bundle has to be in by then! How weird.....

 

 

LMAO Let's hope it's a good luck omen for both of us

[Bev77]

I'm sure I saw a link before to all the t&c's. Been trying to remember where I saw it, and cannot find it. Am I going mad, or is there one? If not has anyone got t&c's for 1992?

 

Also does it have to be exact? Not sure exactly when account was opened, but was between 91-94

[Bev77]

Don't worry, I found it;)

[GuidoT]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html

[broke dave]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html

 

That's 3 of us who have found it then

[GuidoT]

The order in post 76 is unclear, I have not seen an order like this before. Probably something to do with it being produced using the civil directions template by someone in the back office.

 

Prepare the bundle.

[Bev77]

Ok, will prepare the bundle. Thanks.

[GuidoT]

I have PMed you.

[Bev77]

Hi,

 

Just starting to go through the minefield that is the court bundle and have a question. I hope someone can answer it for me.

 

Under the bit where it says 'Breach of contract' it says that there was an agreed overdraft limit of ****. What figure do I put in there? When the account was opened there was no overdraft available. At the moment, the overdraft is around £3000 - all of which made up of charges. I think it started at around £1200 in 2002.

 

Do I put in zero, as when the account was opened there was no overdraft set up, is that what it relates to when the account was opened? or do I put the latest figures, or somewhere in between?

 

I'm sure they'll be more Q's as I go along!

[Bev77]

Well, I'm starting to panic now. I've received a preliminary hearing date in this mornings post. 17th August at 10.00am. I'm still going through my court bundle. I've got 1 nearly complete one, but haven't even started on the others yet. And like I said the first one isn't completed yet.

 

My court bundle needs to be in after the prelim hearing, so do I now need to put it in before the prelim? Do I need to take it with me? That's another thing, it's my husbands account, and I've been doing all the work on it - does he need to go to the prelim?

 

OHHHH this is getting scary now!

[Bev77]

Anyone?!?!

 

Mainly, do I need to put in my court bundle before the prelim hearing? If not, do I need to take it with me?

[Bev77]

Does anyone know the answer to the question in post #93? The prelim date is next week and if I need to get the bundle in before then, I'd like to know so that I can get it in this week.

 

Also do we need to attend the prelim hearing, as my hubby is having great trouble getting the time off work? (they are being right b*stards with him at the mo)

 

Cheers in advance if anyone can answer.

[BARTY]

Hi

I would ring the Court and ask them.

Barty:)

[Bev77]

Thanks. I've looked on The ConsumerWiki, and have found that I don't need to make sure that my bundle is in before the hearing, nor do I need to take it with me.

 

I've rung the court to ask if the date can be moved, but the clerk said that we'll have to write in with the reason, and an alternative date, and then it has to go before the Judge and he will decide if it can/will be moved, so not very optimistic. I'll ring them tomorrow to find out if we do need to attend although I think we actually DO.

 

Will get on with my bundles now...nearly there

[Bev77]

Well prelim date is looming...this friday the 17th. And have received a letter from SCM this morning.

 

In the Romford County Court

Young -v- Lloyds TSB Bank plc

Claim Number: XXXXXXXX

 

We refer to the above matters and in particular to the hearing scheduled for 17th August 2007 and are writing to explain some important developments in connection with the court claim you have made about your current account bank charges.

 

 

Lloyds TSB believes that its current account fees and charges are clear and represent a fair charge for a banking service that is valued by its customers. However, Lloyds TSB (along with other major UK banks) has now become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to unauthorised overdraft charges. We believe these proceedings will resolve the legal issues regarding the fairness and legality of these charges.

 

In light of the above, we have today written to the Court to asking for a 'stay' (postponed) of our claim until the resolution of the banks' proceedings with the OFT. As a result, we would be most grateful if you would confirm, in writing to us and the Court, whether or not you are in agreement to a stay of these proceedings.

 

 

You should also note that, given this court case, Lloyds TSB has asked the Financial Ombudsman Service ("FOS") not to proceed with any complaint they are handling until the proceedings with the OFT are concluded. FOS has indicated that as a general proposition it will indeed not proceed with complaints which rely on the legal issues being considered in the test case. Similarly, Lloyds TSB has asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect consumers' rights.

 

 

That said, in the event that the Court is minded to grant our Client's request for a stay, we will keep you updated about the proceedings with the OFT as soon as we are able to do so. You can also check the latest position on Lloyds TSB's website, Welcome to lloydstsb.com. As a general matter, Lloyds TSB will ensure that your claim will not be adversely affected by the stay of your court proceedings.

 

Once the legal proceedings between the OFT and the banks finish, Lloyds TSB will offer to resolve your claim as quickly as possible applying the priniciples established in that case.

 

Please do keep all your documentation as you may need it following the resolution of the test case.

 

If you have any questions, please contact us on the above telephone number. I n any event, we look forward to hearing fromy ou as to whether or not you are happy to consent to these proceedings being stayed and the hearing scheduled for the 17th August 2007 to be vacated.

 

SC&M

 

Well! I am certainly not happy for it to be stayed, until the outcome of the test case. This has been dragging on long enough now! But what is the 'official' line we should be taking with this new route of LTSB's?

[dolly]

Just got the same letter Bev. Will be applying to have it removed

[BARTY]

Hi

Have a read of this link:

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

Barty:)

[Bev77]

Thanks for the link, I thought I'd seen the page before.

 

Will get that sent off today.