Bankchargesnotus V Lloyds TSB

[bankchargesnotus]

Thanks Barty and Caro

 

Just spoke to the court and they have not recieved the counter schedule by date specified (25th) in court order so I was hoping I would not have to wait until 22 June but could now apply for breach of an order under Section 3.3.4 of the CIVIL PROCEDURE RULES and have their defence struck out and win by default, as Chloe Jane stated.

 

Is this right and if so is this the request for judgement as I cannot see anywhere on that to tick that they have not complied with the court order it just states they have or have not fikled a defence???

 

Thanks again:oops:

[GuidoT]

I have read your thread and no wonder you confused, it is all over the place.

 

SCM ignore these orders, provide no documentation and make no attempt to settle. You generally get nowhere phoning SCM.

 

You should write to SCM now confirming and consolidating your position and the steps you have taken to settle the matter. This letter can then be forwarded to the court when the stay expires to evidence that you attempted to settle the matter and they did not reciprocate.

 

Although my circumstances were a bit different, this is the letter I sent at the beginning of my stay, you should be able to adapt it:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-4.html#post596080

 

A few days before the stay expires on the 22 you must write to the court advising that the matter has not settled and that they have failed to comply with the court order. Again my circumstances are a bit different but this is the letter I sent:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-5.html#post658039

accompanied with this (you are not required to file another AQ though but the words can be incorporated into a letter):

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-5.html#post732004

 

Ensure that you do this, otherwise your claim may get struck out.

 

For more about Lloyds stays and striking out see here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html

[bankchargesnotus]

Thanks GT, really appreciate it!

 

It gets so confusing because you can get so many different views and opinions sometimes that you dont know whats for the best, initially I was told to apply for the removal of the stay and then I was told no dont do that as they will not provide the schedule of charges on 25 May so I can they ask for their defence to be struck out which I thought was great a speedier outcome.

 

Just to be clear I should not now ask for their defence to be struck out for not providing the info (would the judge not accept that)?? Just wait for the stay send letters that you provided and if they still dont comply then ask for defence to be struck out, is it not likely a court date will be given after that or will that be the last stage the judge will hopefully throw it out???

 

Thanks again

XX

[GuidoT]

Yes I think you have got it. But my letters need amending to suit your circumstances.

 

The judge may give strike out their defence, or issue an unless order giving them further time to comply and then strike out. It is difficult to predict as all judges respond differently, for example take DJ Cooke - that fellow he did not like us did he?

[bankchargesnotus]

DJ Cooke was that ther berwick story if not where can I find that one.

 

Thanks again for your helpXXX

[GuidoT]

Cooke is the Berwick case.

[bankchargesnotus]

Thanks GT

 

Drafted the letter but can I put this info in

I have a list of 39 cases which have been started against Lloyds bank - including case numbers, all of which have been settled by the bank.

 

In fact I have a list of nearly 546 cases - including case numbers, which have been bought against UK high street banks recently and which have all been settled by the banks. Every bank refuses to disclose its costs information. There were even difficulties in disclosing this information under conditions of confidentiality to the Office of Fair Trading when they were investigating charges over the previous couple of years.

 

Is that info readily available or is there an updated version.

 

Thanks

XX

[caro]

You'll find 162 Lloyds cases concluded here. I don't think you should include other banks. http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

[bankchargesnotus]

Thanks Caro

 

I have ammended the letter to state this:

 

I have a list of 162 cases which have been started against Lloyds bank - including case numbers, all of which have been settled by the bank.

 

I have completely deleted the second parapgraph is that right??

 

Also do I need to attach a copy of this list, I think not but just checking.

 

Thanks so much

 

XX

[GuidoT]

That is a good new link from Caro. I previously used the list from MC Ruth.

 

I would attach a copy of the Lloyds list.

 

As to the other banks I would not attach a list but refer to x number of cases as the new list.

[mcuth]

I previously used the list from MC Ruth.

 

MC Ruth? A new DJ perhaps?

I know the hat's pink, but I'm 100% bloke thankyouverymuch.....

 

(with apols for the OT comment!)

 

Cheers

Michael

[bankchargesnotus]

Hi was hoping someone could help, unfortunately my head is all over the place, my dad died last week so have lost the plot of what I am doing, I have looked at the link provided by Guidto but just cant get my head around it a t the mo, I assume I need to put this in

 

'Pursuant to the order made by District Judge x on 15 February 2007, I advise that no settlement has been reached with regard to the above matter.

 

This is particularly disappointing, given the Defendant requested the stay in their allocation questionnaire and then made no contact whatsoever during the stay period.

 

In anticipation of this, I contacted the Defendant by way of a letter dated 26 February 2007 (copy enclosed) in an attempt to initiate the dialogue for which the stay that the Defendant requested was intended. That letter was not even afforded the courtesy of a response.

 

In the circumstances, the Claimant respectfully requests that directions are made as per the attached draft order, with document exchange taking place 28 days after the issuing of the order.

 

It is submitted that an early date for exchange of documents may facilitate a prompt resolution to this litigation and negate the time wasted by the Defendant during the stay.'

 

Can anyone fill in the gaps, I would be very grateful

 

Thanks

[GuidoT]

The easiest way is to send the letter is post 37 and attach this order:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

Ensure that you check that the letter is factually correct, in particular the dates and ensure you enclose a copy of the letter you sent to SCM, if indeed you have sent one.

 

You need to do this today, or you run the risk of having your claim struck out.

[bankchargesnotus]

attach the draft order for directions??

X

[GuidoT]

If you mean do you attach the draft order for directions, then yes you do.

[bankchargesnotus]

Thanks

 

Is this not giving them more time though I was hoping I coule ask the judge to rule at this stage.

 

Thanks

[GuidoT]

Yes it gives them time, but you will be waiting several months to be listed for a hearing.

 

You can request a strike out as my post 27 if you like and the alternative of the draft order, but I was trying to keep matters easy for you given your current circumstances.

[bankchargesnotus]

Thx

So once I have sent this what will be the next step for them and me timewise??

 

X

[GuidoT]

You should hear from your court is say 3 weeks (but this really does depend how busy or efficient they are) and that will dictate how matters proceed, i.e. whether they order the new strategy or not.

[bankchargesnotus]

Sorry how do I find your post 27

Thx

[GuidoT]

Try looking on your own thread, but just for you, here is a link to it:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/75164-bankchargesnotus-lloyds-tsb-2.html#post870283

[bankchargesnotus]

Hi Guidot

 

I really appreciate all your help, having major problems as my printer has crashed, the court will have now received the letter I sent to sols indicating the stay was due to expire, can I not just ask the judge to make judgement as i am so confused about this just cannot concentrate straight at the moment, I have a letter from the hospital indicating that I have spent day and night at my dads bedside during his ilness just to demonstrate that I need an end to this and TSB have ignored me since November and that is unlikely to change.

 

Again I really appreciate your help and advice and if I have to do it the other way I will but if there is a simpler but not risky outcome I would appreciate it, also not had any replies on my other thread against yorkshire bank you couldn't take a quick peep at the last post and advise could you.

 

Many thanks

Bank

[GuidoT]

I do not see that you have a specific question above, if you do then post it up please.

 

I have posted on your YB thread.

[bankchargesnotus]

Sorry I know I am probably not coming across clearly, can I not just ask the judge to rule in my favour or make judgement based on the fact they have not contacted me even though I sent a letter last week.

Thanks

[GuidoT]

It is not that simple. Effectively my post 27 (on your thread) tells you how to request that the defence is struck out.

 

I am going to give up explaining. I am concerned that you are going to be well past the stay period.

 

PM me your email address and I will email you something over.