Flower19 v Lloyds

[dolly]

You won't be able to do it until tomorrow anyway.

[flower19]

According to the Notice of Issue: -

 

"....deemed to be served on 14 March...The defendant has until 28th March to reply"

[Advoc8]

According to the Notice of Issue: -

 

"....deemed to be served on 14 March...The defendant has until 28th March to reply"

 

There's an interesting bit hidden in the Civil Procedure Rules that any period of days is expressed as a number of clear days and when the period begins on the date of an event that date is not to be included.

 

The rules give them 14 days to acknowledge which could be interpreted as the 29th if you use the clear days rule. If there's any doubt the defendant will get the benefit, so they're probably dragging it out. Either way, I hope they've overlooked acknowledging!

[flower19]

Right...

 

I have called the court just now, they have informed me that the allocation questionnaire has been sent out yesterday!

 

So Lloyds did it at the very last minute.....

[dolly]

So it has gone from not even an acknowledgement to to AQ being sent? Lloyds are nuts!!

[minx_xxx]

Hi Flower19

 

If they have sent you an AQ i think this means they must have filed a defence?

We are at exactly the same stage.

Shouldn't be long now before we get back what is rightfully ours YAY

 

Jen

xxx

[bankbasher999]

Why? The banks are a buch of {edit} do u work for one? A- Hole.......

[dolly]

Why? The banks are a buch of CRIMINALS do u work for one? A- Hole.......

 

Troll.....reported....ignore

[John72]

Hi

 

Just subscibing - I'm at the same stage too, having filed my AQ plus draft order for directions - nothing yet from the Court or SC&M.

 

John

[flower19]

Hi everyone,

 

Hope you all had a nice Easter break.

 

Whilst away I received a defence from Lloyds, no acknowlegement, just a defence.

 

It's a 9 point defence...I believe this is the standard defence right?

 

Now in the process of completing the AQ - interested to know if anyone has used the new AQ strategy and what was the outcome. Still deciding which one to go for.

 

BTW, I apologise for post 57 posted by bankbasher999 in my thread.

[flower19]

Actually, has anyone used the aggressive strategy for AQ's as posted by GaryH on the "Important info regarding stays & AQ's" thread?

 

I am very tempted to use it.......

[Pondfish]

Hi Flower,

 

The 9 point defense is the standard one.

 

I used the draft order strategy, but unfortunately the judge did not direct it. I have seen the new aggressive strategy, but do not know anyone who has used this yet. However, if the judges are ignoring the draft order, then they will probably not use this either.

With regard to the Draft order, i dont see you have anything too lose by trying it. I'm not sure if the new agressive strategy might send out the wrong impression to the judge. But if Gary H thinks it's worth a try, it must be OK!

 

I don't think you need to apologise for Bankbasher....Where did that come from???

 

Pondfish

[flower19]

Hi Pondfish

 

I dont feel brave enough to use the aggressive strategy (LOL) and as you say, if the judges are ignoring the draft order strategy most likely they will ignore the aggressive one!

 

God knows where that came from...so out of context...

[Pondfish]

Fair enough, it hasn't been widely used yet, and no point using it if you are worried.

 

What about the Draft order? Although i was not sucessful, i still think this is worth using. If ordered, it cuts Lloyds scope for dragging things out, which as we know they love to do! If not, you are no worse off IMHO.

 

Pondy

[flower19]

Yes, I will be using the new draft order strategy...I might be sucessful!

 

I will also be requesting on section G of the AQ that a request of stay by the bank be turned aside, it's definitely worth mentioning.

 

[flower19]

Hi again

 

Am about to send my AQ and just wanted to confirm what I have to send as I dont want to get it wrong!!

 

1. sectin G - other information

2. draft order

3. fee

 

Do I need to add to the "other information" that the bank has credit 750 into my account despite the fact that I did not accept their offer (not even as part settlement)? Any suggestions?

 

Thank u :)

[flower19]

Hi

 

Sorry to be a pain...I need a reply (if there's anyone out there who can help) to my post as I need to send my AQ today.

 

Thank u

[Pondfish]

Hi,

 

I didn't mention the goodwill payment, but did itemise it on my schedule of charges. I also sent a letter of rejection to Lloyds clearly stating i was accepting it as part settlement only.

 

Did you send a rejection letter? If so this correspondance will be available for the courts to see. After Lloyds acknowledged my claim i sent a copy of my schedule of charges and all correspondence with Lloyds to the courts, and asked for them to be attached to my claim. Did you send anything?

 

Pondy

[flower19]

Hi Pondfish

 

You are a life saver as always!

 

Yes, I did send a letter to the bank rejecting the offer and did not accept it as part payment, but they have credit it to my account anyway. The bank did not reply to my letter of rejection and the money is still in the account - they can take it back or deduct it at a later stage. This offer was made after filing my claim with the court.

 

I was just wondering if I should mention the "offer" in section G of the AQ as the court is not aware.

 

You saying you sent your correspondence with the bank to the court?

 

I did send my schedule of charges with the N1 but no correspondence. Also the bank did not acknowledge my claim, I received only a defence.

 

I though the correspondence would go with the court bundle...maybe not.

[Pondfish]

Hi Flower,

 

Yeah, they have been paying money into accounts regardless. I sent them a letter asking them to remove it if they were not happy with my conditional acceptance as part payment, and they replied saying they would not be making any attempt to remove it.

 

You did not need to send the correspondence at the N1 stage, i just thought i'd do that seeing as i was sending my schedule of charges anyway. I thought by doing that the judge would see i'd been trying to communicate with lloyds when they were considering my AQ.

 

i Guess you could add a line in other info to cover the payment issue, but i don't think it's too much of an issue, if you do get as far as court it will all come out in the wash. I don't think i've seen anyone else do this.

 

Perhaps someone else has an opinion on this?

 

Pondfish

[jessika1]

the same thing happened to me, they put in 750 to my account the day after i filed MCOL, i sent the a rejection letter saying i would accept it as part settlement only and i havent heard a thing since. I dont intent on telleing the court about it unless they ask..

[flower19]

Yes, Pondfish I see, that's actually a good ideia as it will give the judge a clearer picture. I might do the same.

 

 

Hi Jess

 

I don't think you'll be allowed by lloyds solicitors to get away with it...lol! :lol:

[nicsussex]

I dont intent on telleing the court about it unless they ask..

 

Not only will you have to tell the court - failure to do so could potentially jeopardise your whole claim and would be looked upon extremely seriously by any judge.

[Pondfish]

I thought so - but it didn't sway the judge to direct the draft order.

 

Oh well, no harm in trying!

 

Pondy

[John72]

Playing "devil's advocate" here a bit, but if the bank make a "goodwill gesture" which they say is not a charges refund and do not accept liability for any greater refund, then why should the "goodwill payment" actually have anything to do with the court claim? Surely it is simply a "goodwill gesture" made as an attempt solely to maintain a good customer relationship - and nothing else?

 

J