Flanbo63 vs Lloyds TSB

[christinajanep]

u maybe exempt from paying if u have working family tax credit or child tax credit and some other stuff

[flanbo63]

Unfortunately not but at least it's claimable!

[christinajanep]

very true

[flanbo63]

Just a quick request for advice re: AQ's.

 

I put mine in over a week ago should I have heard from the court by now? Do SC&M have to submit an AQ and if so what sort of timescale are we looking at?

 

Finally having just read the sticky on AQ's and request for stays etc does anyone know if this is still a preferred tactic of LLoyds and their advisors?

 

Thanks

[flanbo63]

Bump

[BARTY]

Hi

Give the Court a ring, Lloyds have to submit an AQ, and they should have the same deadlines as you.

Good luck, keep us posted.

Barty:)

[flanbo63]

Cheers Barty I will, my deadline was the 27th of July so we'll see if they have responded but I'm not holding my breath!!

[flanbo63]

I've spoken to the court today and they have no record of SC&M/Lloyds returning the AQ. I asked what happens next and the reply I got was that the case will go into a pile to be put before a judge. The woman I spoke to said there was no timescale for this and that there was no way I could speed it up or formalise this i.e. by applying for a judgement.

 

Has anyone else come across this and if so what timescale are we talking? The last thing I want it gathering dust on the 'to do' pile.

 

Cheers

[flanbo63]

Hi all,

 

like many others I guess, I've had a standard letter from the court stating that my case is stayed until 28/02/2008.

 

However, I'm looking to apply for the stay to be lifted. I've seen the template letters elsewhere on here but think I've got another relevant point and that is that SC&M/Lloyds didn't comply and to my knowledge still haven't complied with a court order asking them to return their AQ by the 27th of July and are therefore in contempt of court. I will therefore be asking for the stay to be lifted and judgement to be granted in my favour due to non complince by the defendant.

 

What does anyone think of my chances of using the templates plus my argument above in lifting the stay? My claim is listed at Huddersfield County Court if anyone has any knowledge of the DJ's there and what stance they take?

[cajdad]

Flanbo63 - was 27 July just the original deadline for filing the AQ, or did the court issued a specific "unless" order telling them to file it or risk having defence struck out?

 

I'm in a similar position, but haven't yet received a stay notice. AQs were due in by 2 July (!) , but court hasn't done anything yet. Spoke to a lady at court last week who thought judge might issue an "unless" order, but she also thought claim would be stayed if the bank asked for it, or if they sent in the AQ.

 

I'm certainly thinking of asking for stay (if there is one) to be lifted on grounds that AQ deadline expired long before the test case announcement - so the bank is benefitting from its non-compliance. I too would welcome advice on the wording of a letter.

[flanbo63]

Hi Cajdad the 27th of July was the date set by the court for return of the AQ's by both parties. It's particularly frustrating that I've jumped through all the hoops when told to jump and they have ridden roughshod over the system from day one but the court still issue the stay!!

 

It sounds like there could be a few in our situation.

 

Is ther anyone out there with a view/advice for this specific situation about applying for a lifting og the stay due to Lloyds not complying with a court directive? Any help would be much appreciated.

[flanbo63]

Hi All,

 

I'm proposing to insert the following paragraph into the template statement applying for the lifting of the stay.

 

Could you please comment on it and let me know if I'm heading into a problem with it's inclusion.

 

"Possible Contempt of Court

Furthermore I would ask the Court to consider that the defendant is in fact in contempt of this Court due to their failure to follow a specific direction by the Court to return an allocation questionnaire to the Court by the specified date of 27th July 2007. This I submit is one more example of the delaying tactics the defendant routinely employs in these cases and shows the disregard with which the defendant currently holds the judicial system in particular and claimants in general in. If the Court is mindful to lift the Stay in this case I also respectfully request that a judgement be granted in favour of the claimant due to the aforementioned failure to comply with Court directions by the defendant."

 

Any help would be much appreciated

[flanbo63]

I'm considering whether or not to request a lifting of the stay in my case. Having looked around the forums I can't see much hope of being successful and could be throwing £35 down the drain.

 

I can't really go down the hardship route and the success at Eastbourne today for Dougall, brilliant as it is, looks to be based on the kind of extenuating circumstances that I wouldn't wish upon Lloyds TSB themselves!

 

I don't want this to be defeatist as all along I knew this would be a long haul but I can't see how I can get the stay lifted in the current climate. Roll on Feb 2008!!

[cajdad]

It's early days, and we haven't yet seen enough people trying to get stays lifted to get a proper picture. Dougal's success seems to be down to hardship, but there might be some judges around who are willing to lift stays where they see some evidence of abuse of process by the bank. I don't hold out much hope of stays being lifted on grounds of human rights, but there may be a chance where the banks have done (or not done) something which irritates the judge!

 

I've now been told (on the phone) that my case is being stayed. Nothing in writing yet, but when it arrives I'll almost certainly apply to have it lifted.