Morris V's Lloyds - Help!!

[bunny79]

Barty,

i sent a list to MCOl but i may send another one just incase they didnt receive, Also should i include a letter to lloyds solicitor with my statements?? saying 28 days is nearly up etc??

[BARTY]

Hi

Yes send a copy of your schedule to the Solicitors, this link gives you a letter to send with it:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

 

Barty:)

[bunny79]

thanks Barty,

Just checked on MCOL and it has now changed to Defence, but the defence says (06/03/07) which i find confusing!!

 

sneeky arnt they!!

[bunny79]

Barty,

 

have just come home and a letter from the court has arrived.

It says "notice of defence that amount claimed has been paid"

I am fuming!!

It says that £750 has been paid into my account on the 17th January.

i had received no letter or nothing, so i checked my account and nothing has been put in, BUT £750 had been put into another account of mine. They had put into the wrong account, but i knew nothing about this.

Now i am all worked up and worried!! My claim is for over £3000!! and they think its for £750.

I will send the form back to the court and it says i need to send a copy to the defendant aswell, shall i put a covering letter to explain the complete cock up lloyds have made??

its really annoyed me as its a totally different account they paid it into, so ovbiously they dont read things right!!

 

Look forward to your reply.

[BARTY]

BUMP...anyone:confused:

[bunny79]

It sounds bad dosent it!! any one else?

[Michael Browne]

First thing is that only you can discontinue a claim, so don't worry about that.

 

I will send the form back to the court

What form is this? N???

[bunny79]

It is titled as "notice of defence that amount claimed has been paid", it says that Lloyds paid £750.

If i want to continue then send the form back to the court and a copy to the defence and they will then sent out relevant paperwork? possible allocation questionaire??

When i send a copy of the form back to the solicitors, i wanted to put a letter with it to exlain the cock up they have made! but i was worried this would be it, end of my claim.

[Michael Browne]

Bottom L/H corner of the page, there should be a form no. N something.

If you let me know, I'll be able to see what we're talking about.

[bunny79]

hi,

 

its a N236. hope this helps

[Michael Browne]

What happens if the defendant's defence is that the money has already been paid?

 

 

The court will send you a copy of the defence Form N9B and Form N236 (notice of defence that amount claimed has been paid). Form N236 will ask you to let the court know whether:

• you accept that the money has been paid; or
  
• you do not agree that it has been paid and that you wish the claim to continue as a defended claim.

You should fill in the 'Claimant's Reply' section of the form indicating your answer and return it to the court by the date given on Form N236. You must also send a copy of your reply to the defendant.

 

 

If you do not return the notice by the date shown, your claim will be 'stayed'. This means that the court will not take any further action on your claim. The only action you or the defendant can take is to apply to the court for the stay to be lifted. You may have to pay a fee to do this.

 

 

If you indicate that you wish the claim to proceed as defended, the procedure (beginning with the sending out of the Allocation Questionnaire) set out in the earlier paragraphs of the guidance will apply.

[bunny79]

Thanks, I also rang the court and advise what had happened, they advised me to persue with the claim. I have to send that letter back with a covering note to them and the solicitors!#

So hopefully it will be ok now!!

[bunny79]

Hi,

Finally got a letter from the court yesterday advising court date of 31st August at Trowbridge court!!

Today i receive a letter from Lloyds Solicitors addresses asking for statements, how i got to the figure i am claiming etc,my bank sort code & Account number? Is this right, I had already sent all this ages ago, Well the statements to them?

 

I suppose now i need to do the court bundle? any tips!!

 

Many thanks

[Kjball]

I would get bundle prepared and send them that.

 

Link I used was

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

 

Good Luck

[bunny79]

Hi, Thanks for that, do i include statements and my bank details??

Thanks

[Kjball]

Yeah I included statements and all correspondence between me and Lloyds!

 

HTH

[Kjball]

There was another link with relevant case law to include in your bundle but I cant find it!

[bunny79]

Oh my god, theres so much stuff to include in this court bundle!! im trying to understand what i need to include!! do i send it off once i have done it, or wait to nearer the court date?

[BARTY]

Hi

Are then any directions on your Court date letter of when you have to submit your evidence?

I would also send a copy of your schedule of charges to SC&M with your account number etc on as requested by them as soon as you can.

Barty:)

[bunny79]

Hi Barty,

It says that a all evidence has to be submitted 2 weeks before court date.

letter from SC&M asked me to send details in within 14 days??

I may send that all in today.

[bunny79]

Hi,

Just got back from my holidays, and have realised everything has been put on hold!!

Whats going to happen, My court case is sceduled for 31st August, I presume this will not be happening??

 

Many Thanks

[BARTY]

Hi

The best thing is to ring the Court, it is up to the Judge to what happens.

Have a read of these links:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/107584-oft-test-case-what.html

 

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

 

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

 

Barty:)

[bunny79]

Hi,

Rang court and they said everything is still on!!

Court 31st august, 2pm (need to double check)

Do we have to say anything in court??

[bunny79]

Also because this is a business account (sole trader though) is the court bundle different, If so can anyone help with a link with this please.

I want to get this right before i send tomorrow.

thanks

[BARTY]

Hi

Post your details in the link below and GaryH will let you know about your bundle:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates.html

 

Barty:)