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Help with AQ Stage - LTSB


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Hi Ive been pursuing a claim against LTSB since early January, I am now at the AQ stage and am about to return the AQ to the courts together with new suggested draft order for direction. Do I need to enclose a further schedule of charges with the AQ & do i need to send defendents solicitors a copy of the AQ ? :???:

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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AQ Sent ! Many thanks Barty !

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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AQ with draft order and court fee handed in at local court today ! !

 

Now sit and wait I guess, the end is nigh, hopefully ! !

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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Hi

 

Just tagging on to your thread as I am at exactly the same stage as you! I returned my AQ to the Court and SC&M on 26 March and am now waiting....

 

Are LTSB using SC&M in your case?

 

John

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AQ with draft order and court fee handed in at local court today ! !

 

Now sit and wait I guess, the end is nigh, hopefully ! !

 

Did that a month ago and still waiting to hear anything :(. Good Luck hope you hear faster than we have........................!

amber_ellie :)

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Hi John, Yeah Lloyds are using SC&M with me too ! !

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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did they grant lloyds a stay? coz i heard they are asking for this as a stalling tactic

 

 

xxx

 

 

Don't know. I rang the courts over a week ago to ask but was told papers all gone to District Judge so they couldn't tell me. Still not heard anything:(.

amber_ellie :)

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I havent seen a copy of SC&M/Lloyds AQ as yet, so not sure if there are going to try and submit a stay with me, I'm sure SC&M will do all they can to delay matters further ! ! !

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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I really dont know why they bother!! they know they'll have to give it back in the end anyway!!

:p

 

Guess we all just have to sit and wait and day dream about what to spend our money on

LOL

xxxx

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hi simonlines i also took my AQ into the courts today!! i also used the request trying to prevent a stay by SC&M will have to see if it works!!! will keep looking in on your threads to see how your doing

GOOD LUCK ANYWAY!!!

;)

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Goodluck to you too housekeeper, Let me know how your claim progresses ! !

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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The deadline for SC&M to supply there AQ is the 14th April. If they fail to supply the AQ by the deadline what is the next step ? ? ?

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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HELP ! ! !

 

Just received my post today and I have two letters, one from the courts and one from SC&M.

 

The Court form gives me an Premlimimary hearing date of the 13 June 2007 and says

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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I have just rang the bank on the number supplied by SC&M just out of interest really. I ask whether the branch manager would be settling my claim at a proposed review meeting, as expected the lady confirmed that branch managers where not authorised to settle bank charges claim. I therefore advised her that it was pointless setting up an account review. and said I would continue my claim via the necessary channels.

 

Should I write to sc&m and inform them that I have contacted the bank and no offer of settlement was made and that i will be continuing my claim via the county courts reiterating the prelim hearing date ?

 

Some advices would be appreciated, also to my previous thread and prelim hearing ? ? Is this all pretty standard stuff ? ?

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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Looking ahead, a situation which gives rise to a dispute is not one the Bank wishes to continue. In view of this you are requested, please, to make contact within the next 14 days with your local Branch Manager on . 0845 3 000 000, to review your account. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

 

We await confirmation from the Bank that action has been taken.

 

[/Quote]

 

Lloyds used to insist you had a review prior to paying out.

 

Reading that bit, it says to me that they are going back to that way again - have a review and we will pay out. May be wrong, but that is what it reads to me.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Hi

 

I suppose it depends what "review" means? You could read it both ways I suppose, and being optimistic it might be the bank's way of "building bridges". Unless there are other reasons (eg defaults on other accounts) they cannot ask close your account as that will be contrary to the Banking Code.

 

On balance I would be prepared to go along to a "review" meeting to (a) see what they have to say and (b) show to the court that you are exploring all avenues of dispute resolution.

 

John

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The reviews at Lloyds basically try and sell you things - for example, if you have an overdraft they try and turn it into a loan; take out income protection; upgrade your account etc.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Had the contact us and we will review letter today-

Also had in the same batch dated the same date (5th April) an offer to settle in full - not seen it yet as at work but missus phoned to tell me

 

will update later

If I have managed to help you in anyway then please click my scales

 

:eek::evil::-D

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Thats interesting Witchywarloc, SC&M seem to work in very mysterious ways, no consistancy at all ?, hopefully I'll receive a settlement letter in the next few days. How much was your claim for ? ?

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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Tell them you offered them every opportunity to resolve matters prior to litigation and they did not want to know - insist on a settlement before you go anywhere near the bank for any sort of "review".

Hi

 

I suppose it depends what "review" means? You could read it both ways I suppose, and being optimistic it might be the bank's way of "building bridges". Unless there are other reasons (eg defaults on other accounts) they cannot ask close your account as that will be contrary to the Banking Code.

 

On balance I would be prepared to go along to a "review" meeting to (a) see what they have to say and (b) show to the court that you are exploring all avenues of dispute resolution.

 

John

Under normal circumstances John I would completely agree - however Lloyds are not your average opponant. They are not interested in litigating by the rules or normal boundaries - they fight dirty and if you give them an inch they will take a mile.

 

I would strongly advise anyone who gets a letter such as this to insist on a settlement before attending any "review" and to be honest even then I'd think very carefully about it.

 

Simon, was this the full order? -

At this hearing the court will consider:-

 

A) to stay the claim pending the decision in a test claim involving the defendent, or

 

B) to give direction for this case to be heard as a test case, and if necessary to re-allocate the claim to the multi track for that purpose.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary,

 

This is the full order received from the court headed "Notice of allocation to the small claims track (preliminary hearing)"

 

DISTRICT JUDGE SPARROW has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because: ­

Special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person

At this hearing the Court will consider either

(a) To stay the claim pending the decision in a test claim involving the Defendant, or

(b) To give directions for this case to be heard as a test case. and if necessary to reallocate the claim to the multi track for that purpose.

Not less than 14 days before the preliminary hearing the defendant shall file with the Court and serve upon the Claimant details ­ in which will determine the issues in this claim. Alternatively the Defendant shall file with the Court and serve upon the Claimant' ­draft directions for this case to proceed as a test case.

The Claimant may make any representations to the Court in writing provided these are received by the Court and served on the Defendant not less than 5 days before the preliminary hearing. If either party is prepared to abide by the decision of the Judge as to the directions to be given, that party is excused from attending the preliminary hearing.

The preliminary hearing will take place at 14:00 on the 13 June 2007 at Lowestoft County Court, Old Nelson Street, Lowestoft, Suffolk, NR32 IHJ

Is this pretty standard stuff?, its making me a little nervous now. is there anything I can do or need to do in the meantime.

Thanks in advance for your assistance Gary !

:) Sim

 

Sim Vs Lloyds TSB

09/01/2007 Prelim letter sent

15/01/2007 Standard Reponse from bank

20/01/2007 LBA sent to bank

07/02/2007 GWG Payment reced £750.00

22/02/2007 Letter to bank accepting GWG as part

payment only.

01/03/2007 Issue MCOL

06/03/2007 Deemed as served

26/03/2007 Defence entered by SC&M &

Transfered to local court

04/04/2007 AQ & Fee delivered to court

 

TEXT BOOK ! !

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