What happens in court?

[cozzie121]

After letting my last LBA lapse, i am now getting to the 14 days on my new 1 to Lloyds TSB. I have been searching the forums for anybody outlining the court process if they have to attend.

 

Can anybody clarify what exactly happens, maybe putting together a kind of schedule of events in the court?. Am i to justify the reasons for my court action, do i have to speak at all, will i be questioned? etc etc

 

This is a complete grey area for me and any help would be much appreciated.

[stevokenevo]

The reason there is not much info on this subject, is because it is VERY rare for anyone to actually have to appear in court. Generally if you have stuck to the tried and tested methods, the banks will settle your claim after you have raised the court action, and before the hearing date.

If one did have to appear in court, it would be simply to confirm the action they have brought, when you would explain why the charges are unlawful etc, although generally the only peole who have appeared in court seem to be peole who have made errors in there claim. Although it is important to be prepared to go to court when issuing your claim, it is highly unlikely you will actually appear. Hope this helps and Good Luck

[Aunty Usary]

I have had to appear in court.

Bank sent a letter to the court initially saying they would defend. Then less than a week before court they sent a another letter to court telling them the matter had been settled with me - but it had not. They put an amount into my bank account but not the full amount I was claiming and no letter or phone call to me. I was advised to go to court and tell the court that they had not contacted me, that the matter was not settled and that they had made a part payment only - which I did.

The court has undertaken to write to the bank and tell them this and I have to go back to court in a couple of weeks.

When I got back from court a letter from the bank letter was waiting for me - without a postmark - as it was delivered by some mail/courier company. They wrote that they had paid me 2 days before they sent the letter to the court (actually they paid the part amount 2 days later). Also in the "without prejudice" letter they say that the amount put into my account was the amount of the charges plus the court fee plus 8% interest. I was claiming the charges plus 20% (which i wrote on the claim was lower than the lowest contractural rate that they had charged me) plus expenses. So they were probably trying to settle to avoid my being awarded a higher interest rate and other expenses, such as postage and travel. Dont know why they did not send the letter earlier.

So, you should probably be prepared to go to court. I didn't think I would have to but ...

If you do have to go to court ask to speak to the In Court Advisor before hand. They will give you info on where to stand in court, what to call the sheriff - "mi'lord or mi'lady" in Scotland etc.

Good Luck!

[cozzie121]

my lba expires on the 27th, nicely done, right on my brithday ha ha. many thanks for your advice, can i ask how you would of justified the 20% interest and what figure did you calculate that interest on?

[Aunty Usary]

Have to go back to court - if I cannot work things out with the bank. Have see it mentioned on here that if you go for the contractural rate of interest it is on the grounds of reciprocity - they use a high rate so we should be able to as well. There is a sound file "podcast" on this site somewhere that explains it well. Good Luck!

[stevokenevo]

it is on the grounds of reciprocity

 

It is based on the principal of mutuality and reciprocity, e.g what goes around comes around

[cascade]

Hi cozzie121 try the following link http://www.consumeractiongroup.co.uk/podcast/cagcast1.mp3

 

BOS contractual rate is presently 29.80%. If you are not too sure you can contact your bank and ask. I did. Best of luck.