Fast track claim against Lloyds TSB

[richthebrief]

I've filed my AQ with the draft order as recommended on here. Am only claiming charges, interest and 8% interest rather than contractual but it comes to £7990 through, it must be said, gross financial mismanagement on my part.

 

Anyway, I've filed my AQ and, having spoken to court, so have they. It's been referred to a District Judge next week for the order. I rang SC&M and requested a copy of their AQ. I was given short shrift essentially, and told they aren't obligated to send me one so I should contact the court.

 

What I want to know is this - at what stage in fast track claims are they likely to settle? when they receive the directions order - which should be a fortnight or so - or later? And, are people actually having to file a pre trial questionnaire which comes with a further £275 court fee?

 

If it's later than just receiving the directions order, I am seriously considering applying for summary judgement on the basis that the defence has no reasonable prospect of success and is an abuse of process as there is no real intent to litigate. Essentially this would force the issue and have a mini hearing based entirely around the validity of the defence filed.

 

Has anyone else tried this? I am sure they wouldn't litigate it but being in fast track I am facing costs if I lose so am a tad worried.

[richthebrief]

Summary judgement is quite an aggressive tactic by the way, for those who don't know, but it appears to be perfectly suited:

 

PART 24 - SUMMARY JUDGMENT

 

PRACTICE DIRECTION – THE SUMMARY DISPOSAL OF CLAIMS - This Practice Direction supplements CPR Part 24

[GaryH]

Its completely random with Lloyds, I've given up trying to fathom any pattern or reasoning in the stages at which they settle - I don't think there is any, and this seems true of fast track cases as well as small claims.

 

Traditionally they won't settle untill near the court date, but recently they've paid out quite a few on receipt of the claimants AQ, particularly when the draft directions have been proposed.

 

The only thing I would say, and this probably seems obvious, is that they will settle when its more than the effort is worth to drag it out any further, i.e. if a hearing or strict deadline is approaching, or there is a punitive order made against them.

 

I can't see how they could drag it out to the point pre-trial questionnaire stage - to get to that point they would have had to breach at least two clauses of the fast track directions first, and you could apply for strike out upon that basis if nothing else. I'm personally not aware of a fast track claim which has actually got that far, although this one isn't to far away (and unbelievably its only for £400!) - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/9556-davidc-lloyds-tsb.html?highlight=deadthings

 

If the directions are ordered as you've proposed, which I can't see why they would'nt be in the fast track, then they'll be on a strict deadline anyway, by the end of which the defence will stand struck out automatically if they don't comply (which, obviously they won't)

 

Which court is it, just out of interest?

[richthebrief]

Hull - my local one. I'm a lawyer but I do family and my firm's litigators only do personal injury work so I can't really ask their advice! Experience of the claims is better anyway, which is why I'm here.

[Advoc8]

SJ would be an interesting approach but as you say not without risk.

 

Have you had a look at the criterion in Three Rivers DC v Bank of England? What would concern me would be that the 'absence of reality' test might well be successfully argued against on the basis that the defence has never been tested at trial so how can it be claimed to have no reasonable prospect of success without going to trial?

 

I suppose it all depends how stubborn the defendant's being. There's also the possibility that just being served with notice of an SJ hearing will kick them into settling.

 

Having said that it seems that offers are being made before disclosure deadlines so as has been said it probably won't get to the pre-trial questionnaire stage.

[richthebrief]

I'm going to chase up the court tomorrow to see what's happening with the directions order, then speak to SC&M before I decide what to do. I'd like to try the SJ method but really just to prompt them into settling rather than being depserate for a hearing as such.

 

Thanks for the advice folks.

[richthebrief]

Finally got my order back from the court. The Judge has ignored my AQ and has listed the claim in small claims court, hearing on May 1st which is a lot sooner than I'd expected. Fingers crossed there's a settlement this month

[richthebrief]

Checked my account this morning and they have paid £7110 in. It's about £800 short. I'm going to fax SC & M oin Monday and tell them I'm attending court at the hearing on Tuesday to get the difference.

 

Still, I'm pleased to see they have paid out!

[witchywarloc]

Checked my account this morning and they have paid £7110 in. It's about £800 short. I'm going to fax SC & M oin Monday and tell them I'm attending court at the hearing on Tuesday to get the difference.

 

Still, I'm pleased to see they have paid out!

 

 

Congratulations

 

I'm still waiting for my payout