bexy v lloyds ****WON****

[bexy]

Hi all ,small question- have gone through prelim request , sent LBA on fri 23rd after "nice letter" saying how sorry they were i had a complaint blah blah So have started reading up on next stage re court .Contacted local sheriff court and asked about approp form was told that as it was a small claims action against bank i need only fill in form 1b ?. Has anyone been through this if can you advise me ,think i am loosing plot.

[bexy]

Hi again ,form i am asking about is 1b pdf please help!!!!!

[change-it]

Hi Bexy

You'll find it here and more info about filling it in

 

Scottish-procedure

 

Hope this helps:)

[marcus2864]

Hi bexy

 

Just been reading the procedure sounds quite good. It should all go through very fast make sure your ready to appear in court and have your arguments ready which are on this site so wou will get your money back. Its the job of the claimant to prove thier case to the Judge.

 

Also just found out that lloyds tsb do have a registered office in scotland here it is Lloyds TSB Scotland plc. Registered Office: Henry Duncan House, 120 George Street Edinburgh EH2 4LH

[pcb]

Hi again ,form i am asking about is 1b pdf please help!!!!!

 

Hi Bexy, you're slightly ahead of me but not by much. I too am at the 1b stage although the http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html says we need to fill out form 1 too.

 

Form 1 is included in the 1b.pdf link.

 

I'm a tad confused as to why the 1a.pdf link is there. 1a is a form for claims giving the defender 'time to pay'. I don't think this is the case for a big institution like a Lloyds but more like for an individual. Maybe someone can clarify if this is wrong.

 

The way the 'title' is bracketed on form 1b is slightly confusing too.

 

DEFENDER'S COPY: (Claim other than claim for or including payment of money where time to pay direction or time order may be applied for).

 

I think the opening bracket should after the word 'than'.

This may seem picky to some but for someone like me who is very nervous about these matters, it means a great deal.

 

I'm going to run down later on to the Sheriff's Court later to just confirm what I have to do.

 

More information here

http://www.scotcourts.gov.uk/sheriff/small_claims/forms/taking_claim_to_court.pdf

 

see section 2.04

How to complete the summons

The form of summons (Form 1) to be used is basically the same in all cases... Once you have completed the summons, you should go on to complete the defender's copy of the summons...

 

section 2.07

Tells you how to fill in 1b. (same as form 1)

 

Pete

[bexy]

Hi all, Thanks for all replies good to know help is at hand.I have just received letter from TSB stating there reasons for charges and to tell me that if they do not hear from me by 24.5. they will close the file, well thats very nice but I have completed forms 1 and 1b with spreadsheets and am filing at local sheriff court on Fri 6th april .Nervous but will keep you informed.

[pcb]

...if they do not hear from me by 24.5. they will close the file

 

...am filing at local sheriff court on Fri 6th april .Nervous but will keep you informed.

 

I got 8 weeks too. I file today. I'll post about my experience later.

 

Pete

[stevokenevo]

Its natural to feel nervous bexy, but don't worry. I have had two succesful claims against ltsb, and i am currently doing all the work for my o/h against halifax. I just gave our summary cause summons to the sheriff officers yesterday, we are more excited than anything else ;-)

From an earlier post, the reason for form 1 and 1b is when you action your claim, form 1b is sent to the defendant and form 1 is returned to you with the relevant info filled in regarding hearing date etc, think its to save the court paper that you have to fill that out too ;-)

hope that helps

 

S

[bexy]

Thanks guys hope I can report a success as well, will keep you posted due to it being a holiday weekend I think I will have to leave it until Tues but will definately do it then .

[bexy]

going to Hamilton sheriff court tomorrow to lodgelclaims forms if the worst comes and bank and I go head to head in courtroom where can I look for advise and what arguements will I make apart from they took money that i could not afford and it was against the law.( by the way this is typical of me thinking ahead about possible problems before they occur but want to make sure I am up to speed.

[stevokenevo]

Hi Bexy, your argument should be pretty much what is in your statement of claim on your court forms, If you copied scotias template, you should have a good read over it several times till it sinks in, if the worst comes to worst and you had to stand up in court, these are the points you would have to argue

Good Luck

 

S

[bexy]

Thanks stevo will let you know how I get on. B

[Big Ted]

Hiya

 

I was supposed to go to court today (17th April) against Lloyds TSB, I took all the advice and help from this website, and, against better judgement, went to the bank this morning (court appearance was 10.15) at around 8.25. As the site says they "take it to the wire" I was claiming £680 charges, and lo and behold £752.64 was paid into my account this morning.

 

Hang in there, they are pussycats, they know they cant win!

 

Mind you, my partner was miffed, he was hoping it would go to court so my case could be cited and no one else would have all this sh*t!!!!!!

 

Take care, keep in touch

 

Big Ted (aka Ann)

[bexy]

HI all , due to lack of funds I had to wait until today to start small claims action in Hamilton sheriff court. On representation of forms I felt like a leper due to reception from clerk, but I have done it ,little OLL me has taken lloyds tsb on it has just hit home that I am actually taking on a legal battle with the Big Guns so from now on in I hope I can have support as this is going to prove to myself and others that housewives and others like me DO have a place in the legal system. Thanks for all who have replied to me so far>>>will keep you posted

[change-it]

Good on you,hopefully not be long now, and you'll get interest!!

..(Probably too much work for the clerks these days.)

[bexy]

Hi all- received papers back from sheriff court today my return date is 24/5//07 and prelim hearing date is 31/5/07, it states that it is up to me to find out from the court if lloyds make any response to my claim this has to be done after return date but before 29/5/07. Is this to see if they contact me ?and what if they don,t .

[pcb]

Hi Bexy,

 

Hopefully it won't get to the return date. It didn't in my case and my return date was the 25th of May, but if it does, you attend to see if they have contacted the court to see if they have expressed a wish to defend or not.

 

If they do pay out before the return date, which I'm sure they will, they will send you some forms to execute to terminate proceedings.

 

Pete

[bexy]

Thanks pcb do you mean they settled with you before 25/5

bex

[pcb]

Yes, the full amount and the £39 court cost a whole month before the return date.

 

My thread here

 

They said, "In view of the amount that you are claiming and the legal costs that Abbey would incur in arranging defence... in court, the decision has been made... your claim will be settled in full."

 

This is claptrap though. If they were to defend, they would have to justify to the court how their charges are made up. This, they'll definitely not do. So if you've followed the procedures layed out in the forums, you'll have nothing to worry about.

 

Pete

[stevokenevo]

but if it does, you attend to see if they have contacted the court to see if they have expressed a wish to defend or not.

 

 

Just to point out, you dont actually attend on the return date, you just phone up to find out if they have got the defence in.

If they enter a defence you just wait for them to settle before the hearing date, and if they dont enter a defence, you return the form 11 which requests a default judgement

[bexy]

Thanks I will keep in touch and will probably ask some more wee questions .

Bexy

[r33]

hi Bexy,

 

Looks like we are in the same boat here with Lloyds, same court dates and the same court. might see you there but hopefully they will settle before this. I'll be keeping and eye on your thread now. Good Luck.

[bexy]

HELP PLEASE--Have I missed something----(my mind is in overdrive) reading through several new threads they have said they took their paperwork to court and received it back several days later they only took the forms 1 and 1b from me and as I have said I have received return date and prelim date and form 11 have I made a mistake somewhere, please help .

[pcb]

Don't worry. They take forms 1 and 1b off you and send you back a return date, prelim hearing date and form 11 as you say. They might give you a photocopy of the forms 1 and 1b back too. (I got a photocopy of the front page of form 1 back).

[Bigmac versus]

Hi Bexy all pretty standard stuff, when others get forms 1 and 1b back this is either because they havent been filled in correctly or they are going down the route of Summary cause and they have to get a Sheriff Officer to send them to the defendant. Form 11 will only be required if the bank fail to respond to your summons which you would send in to court for a minute to be lodged and decree. Keep us updated of all goingson and goodluck.