matt v lloyds ****WON!!!****

[mattyb13]

Hi GuidoT,

 

thats all the letter says, its 2 lines long

 

Dear sir/madam,

 

Re: Me v LLoyds Tsb Bank Plc

Case NO..: 7WR00725

 

I enclose a copy of a defence received on the above case, the file has now been refered to the District Judge for directions, these directions will be forwarded in due course.

 

yours faithfully,

 

Mrs XXX

issue section

 

The defence is just the normal 9 point defence I have read on other threads.

 

Do you think its worth ringing the court and asking where the AQ is.

[GuidoT]

Have a look at this thread, looks like you AQ has been dispensed but double check with the court by phone, as you say:

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

[mattyb13]

Going to send a letter requesting the draft order anyway, cant do any harm. ive read through what is needed to be sent should the judge approve and I think I have a decent understanding of it.

 

Hoping this spurs [problem] into action.

[mattyb13]

Just a quick question, do I need to send [problem] a copy or do the courts do that should they agree???

 

thanks.

[mattyb13]

Hi can anyone help about my previous post.

 

When I ask for the directions do I need to send a copy to [problem] or do I need to send 2 copies to the court so they can forward it?

 

Or do I just send 1 copy to the court?? thanks.

[curlychic]

I would send one to the court and one to SC&M

[mattyb13]

Just a quick update.

 

I didnt send the draft order for directions in the end because when I rang the court to confirm my AQ had been dispensed with a woman told me it might not have been.

 

I received a letter from the court today saying that the district judge had allocated it to the small claims and the bundles had to be in 14 days before the case hearing but there was no hearing date in the letter. I suppose I just wait for a court date now.

 

Is it worth doing my bundle early and getting it in? is this likely to get a quicker settlement from lloyds??

 

Advice welcome.

 

thanks. matt

[curlychic]

 

Is it worth doing my bundle early and getting it in? is this likely to get a quicker settlement from lloyds??

 

Advice welcome.

 

thanks. matt

 

To be honest with you i dont think anything will make Lloyds or SC&M move any faster. By all means start gathering your information, but i wouldnt even print anything out yet. You will understand why i am saying that when you see just how much you need to print off

 

:o

 

XxXxX

[bennyowen]

Don't send any bundle until you receive a hearing date.

[mattyb13]

Received a hearing date this morning in the post.

 

5th July @ 2pm.

[mattyb13]

Right I have drafted a letter to send to [problem] as I have received my court date. not sure it will have much effect but at least it will show the court I am trying to settle and they are not.

 

 

In the Worcester County Court.

Between

 

ME- Claimant

And

Lloyds TSB Bank Plc - Defendant

 

Dear Debbie Bowley,

As I am sure you are aware that I have filed a court claim against your client for repayment of unlawful charges that they have debited from my account since December 2001.

In the past few days I have received from the court an allocation notice and a final hearing date of the 5th July 2007 from District Judge Dickenson. I am sure that you must have received the same documents. The notice also states that all documents that each party intends to rely on in court must be served to every other party and the court office no later than 14 days before the hearing.

I have throughout this case tried to make reasonable contact with your client but all I have received from them are template letters in response. It also appears that you have submitted a template defence.

Although I am confident of the strength of case and I am willing to go to court on the 5th July 2007. I still feel that court should be used as a last resort and I am quite surprised that you have not tried to make any effort whatsoever to enter into dialogue with myself. I believe that it would be in yours, mine and the courts interest to try and settle this matter outside of the courtroom.

I am also aware of a case in Worcester County Court on Friday 18th May 2007 with District Judge Dickenson, case number 6QZ73567 where you failed to turn up for the hearing and the case was awarded to the claimant.

I look forward to your quick response

Yours Faithfully,

 

Me.

 

 

Is this a good/bad idea??

Is there anything I should add/take out??

 

And thanks to toodle2u for the claim number.

 

matt

[broke dave]

Letter probably won't hurt. But did you look at this link?

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html#post695176

[mattyb13]

thanks dave, I have taken a look and I think I will send of my letter and if I get no response then maybe send the 2nd letter on that thread.

 

One thing I did notice on that thread is that it said if my claim is over £1500 I would still have to pay the £100 AQ fee. There is no mention from the courts that I have to pay the fee. Will I have to pay it????

 

And does anybody have any further thoughts on my letter.

 

thanks.

[broke dave]

That's my understanding. Over £1500 pay £100.

[Just Frugal]

hi matt,

 

i got my worcester court date through as well and it's the same day as you - in fact i'm straight after you!

 

re the AQ fee - afaik the fee is still payable for 'allocation'. from reading other threads it seems the courts are forgetting to inform people they have to pay this as their paperwork system isn't up to speed with dispensing with AQs yet. i'm gonna call the court today and check.

 

also i was going to send a similar letter to [problem]

[Wilks 77]

Just a quick question about the AQ fee. It's for claims over £1500. My charges equate to £1210, and interest on top takes it up to £1431. Also with the £120 MCOL fee on top again, takes it over the £1500 mark.

 

Will I need to pay the AQ fee?

 

Please help

[mattyb13]

I went to court today to pay my allocation fee and I was told I didnt need to pay it . They said that my the bank cases are not having AQs and because mine was dispensed with I dont have to pay the fee. I said that i thought I would still have to pay it as my claim was larger than £1500 but they said no.

[Just Frugal]

same here matt - I called the court yesterday and they said that yes, normally the allocation fee is payable even if the AQ has been dispensed with, but that all allocation fees for these bank charge cases have been dispensed with too - hurrah for the worcs court

[mattyb13]

I received no reply(surprise surprise) from [problem] to my 1st letter so I sent them another little reminder.

 

Me - Claimant

And

Lloyds TSB Bank Plc - Defendant

Dear Debbie Bowley,

I am rather disappointed that you have not afforded the courtesy of a reply to my later dated 21st May 2007 regarding my proposal for a settlement on the above case.

As I informed you in my last letter I have now added the interest of 8% to my claim since the date of issue. I have enclosed an up to date schedule of charges which includes the interest which I am claiming.

I would like to take this opportunity to give you a further 7 days to settle my claim. I believe I have attempted to give you and your client reasonable time to settle this matter but unfortunately have not been successful in trying to communicate with you.

If you do not settle my claim within the next 7 days I can only assume that you will attend court on the 5TH July 2007 to defend my claim. If this is the case then I look forward to receiving all the documents that you intend to rely on in court no later than 14 days before the hearing, as directed by District Judge Dickenson. You can also expect to receive my court bundle no later than 14 days before the hearing.

Should you choose to ignore this letter and not give me the courtesy of a response I see no point in trying to make further contact you as it would seem that you do not wish to discuss this case but should you wish to enter into dialogue with me at any point I would welcome any response.

I look forward to your reply,

Yours Faithfully,

ME.

 

Still had no reply or anything. If I have not heard anything by the weekend I am going to do my court bundle.

 

They really like to test your patience dont they.

[Wilks 77]

Good luck with it Matt, I'm in the middle of two claims against Lloyds TSB aswell and I am a stage behind you. I have had one claim tranfered to my local court, no date yet, and my second claim has just received the usual defence. Good luck with it mate.

Just a quick question did you send a draft order of the A&Q. I have read on some threads to send this and other threads have said there's no point. What are your views and how's the court bundle going?

[mattyb13]

Hi Wilks,

 

I did intend to send the new draft order when I had no AQ but I was never actually told I was not having 1. I didnt think I was but when I rang the court they said I could still get one. The next thing I had from them was the notice of allocation lol.

 

I dont think it will do any harm to use it as long as you are confident with it. It woulkd certainly speed things up if it was accepted, as things seem to being going slowly.

 

I havent started printing my bundle yet, going to start at the weekend but ive been reading alot so Im quite sure I know what to include.

 

good luck with your claims.

 

matt

[Wilks 77]

Cheers Matty.

 

Just been given a prelim hearing at the start of July. I'm in the middle of getting paperwork ready for that now. Not as much as a 'bundle' of course, but it still has made me run out of ink.

I'll have to buy some more 'bics' tomorrow, or I may get a bit fancy in hope of my payout and get a papermate instead.

 

Still don't think I'm as confident as you with it all yet. To be honest, I started the whole claim proceedure using money saving expert, and didn't really think I needed to look in the forums, how wrong was I. I would definately have dropped the case by now if it wasn't for CAG.

[mattyb13]

Right this might sound,and probably is a really stupid question but I thought I had better ask.

 

I am preparing and printing my court bundle. I have bought 3 folders to put them in(one for me, one for the court and one for [problem]). They are ring binder folders. is it ok to use these folders as I will have to hole punch everything, including all the court letters or do judges not like this??

 

I know it is probably the most stupid question anyone has ever asked so im sorry and really embarresed

[GuidoT]

Easier to ask to stupid question than correct a stupid error latter.

 

Anyway ring binders a fine.

[Wilks 77]

Hey matty, in answer to your question above, there is a thread somewhere on hear about preparing for attending court. It has a list of things needed such as ring binders, dividors, postits, pens, note pad and also a list of questions that you can ask the defence solicitor reguarding the claim and about the bank.s charges.

 

Can't seem to find it now to copy the link for you. Maybe GuidoT knows what I am referring to and knows where to find it. Its quite good to be honest.