McB V TSB

[MCBIRNIE25]

Hi all,

 

I am at the MCOL stage with Lloyds but will have to wait until next week when I get paid to submit.

Wanted to say hi to everyone and wish them all the best on their claims.

[Pondfish]

Hi Mcbirnie25,

 

We all wish you well with your claim, looks like your doing OK if you've reached MCOL stage. Had to wait a frustrating month before i had the money to issue my claim so i know how it feels!

All i can say is use the time to read up on this site so you are 100% ready when you can resume your claim.

 

Pondfish

[MCBIRNIE25]

MCOL Issued. Now for the wait.

[Pondfish]

Hi Mcbrinie25,

 

Glad to see you're back on track!

 

Lloyds will probably return an "Acknowledgement of service" in about a weeks time giving them an extension to the time limit to present a defence. If they do they get 28 days from the date the claim was deemed served (5 days after it was issued).

 

Or you may be lucky and get a payout straight away, but i wouldn't hold my breath on that senario

 

regards,

 

Pondfish

[MCBIRNIE25]

Hi,

can someone tell me what happens if a bank fails to issue a defence within the 14 day allowable tiime limit?

[Pondfish]

Hi Mcbirnie25,

 

Have you tried ringing the courts to check if the defence has been recieved?

 

Pondfish

[MCBIRNIE25]

Not yet, nowt is showing on MCOL.

[Pondfish]

I think it may pay you to make a call to ask if Lloyds have issued a defence.

I think there is a letter kicking around on this site that you can send to Lloyds pointing out the fact that they have missed the date thier defence was due. But i can't remember where i have seen it.

 

Maybe someone else can advise?

 

Pondfish

[MCBIRNIE25]

Thanks Pondfish mate.

Do I call MCOL or Northampton?

[Pondfish]

Hmmm,

 

I think i'd start with calling MCOL. Most cases are redirected from Northampton to your local court anyway if they proceed, so i'm not too sure how much involvement Northampton Courts have except for cases where the claimant lives local to the courts.

 

I'd check your account too, just in case Lloyds have paid up!

 

Pondfish

[MCBIRNIE25]

As Lloyds never submitted an acknowledgment to my MCOL claim. I pressed the magic button and started judgement against them. Wiill keep you all updated.

[Pondfish]

Looks like you are on the home straight now!

 

Pondy

[MCBIRNIE25]

Seems not. Spoke to MCOL today.Lloyds filed a defence the same date I issued judgement, i.e. after the allowable date. Anyway,turns out that theywill accept the defence.Seems like we are in it for the long haul.

[Pondfish]

Grrrrr!

 

These people really know how to make friends!

 

Never mind - despite the delaying tactics, it shouldn't be too long now.

 

I would consider the new Draft order strategy when you get an AQ form to fill in. If the Judge accepts it, Lloyds will have to respond within the timeframe set by the courts. I assume this will be sent to you shortly with a copy of Lloyds defence.

 

Pondy

[MCBIRNIE25]

Hi all,

would appreciate some urgent help.

Submitted MCOL a few weeks back,today get defence docs stating that

without hearing,

it is ordered that

1) The filing of an allocation Questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise.

 

This has threw me a bit, anyone got any ideas?

[dolly]

Mmmm....another one. This happened to someone yesterday as well....take a look at this thread:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78372-allocation-questionaire-dispensed.html#post688410

[MCBIRNIE25]

Hi all,

has anyone got an email address for SC&M?

Thought i would send them a courtesy email.

 

Cheers,

 

McB

[BARTY]

Hi

They have never revealed their email address:confused:

Their fax number is 01273 745356 if that's any help.

Good luck!

Barty:)

[Pondfish]

Hi McB,

 

Hmmm very interesting,

 

Have you been given an allocation hearing? What happens now with regard to your claim?

 

Pondy

[MCBIRNIE25]

I just got told i will be written to with a court date mate. Think the courts are getting cheesed off and want to progress these as quickly as possiible now dueto the onslaught.

[MCBIRNIE25]

I ate waiting. May give the court a ring and see what the likely timescale is for a hearing now an AQ doesn't need to be filed.

I sent a breakdown of charges to SC&M along with what i deemed to be a reasonable offer. Thought that may have got things moving along a abit.

[John72]

Hi McBirnie

 

I'm probably at a similar stage to you, although AQ has been completed.

 

I do understand how you are (as we all are in our own cases) anxious for this to be favourably resolved sooner rather than later. However, I am holding off direct contact with SC&M lest that be interpreted by them as an unwillingness to see this all the way through. They will have received all the court documents, as I have, and if they want to settle then it is up to them to make the first move?

 

J

[MCBIRNIE25]

Had a we chat with the court today. They have given me a court date of 30th May.

This should hopefully up the ante ;-)

[MCBIRNIE25]

Have to get my court papers in for 30thApril. Trouble is, i have no printer,so will have to tryand beg a friend to let me print them on their computer.

Can someone tell me exactly what i need to print off?

Appreciated.

Hopefully an offer will be forthcoming before that date.

[Pondfish]

Hi McB,

see the links below for guidance.

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

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Pondy