kkatiew v Lloyds Claim 2

[kkatiew]

Hi Guys,

 

Just thought i'd let you know where I am at. Having had a successful claim with Lloyds , I am tackling them again along with Yorkshire and Capital one.

 

Sent prelim letter 27 February

Sent LBA letter 15 March

Filed MCOL on 01 April

 

Had no correspondance at all ! They must be busy !

 

Just a quick question, I can't remember when I can file a judgement against Lloyds (Sure they'll correspond by then) Is it 14 or 28 days ?

 

Many thanks

 

Katie

 

kkatiew v Lloyds ***WON*** (1 2 3)

[livelylad]

Hi Guys,

 

Just thought i'd let you know where I am at. Having had a successful claim with Lloyds , I am tackling them again along with Yorkshire and Capital one.

 

Sent prelim letter 27 February

Sent LBA letter 15 March

Filed MCOL on 01 April

 

Had no correspondance at all ! They must be busy !

 

Just a quick question, I can't remember when I can file a judgement against Lloyds (Sure they'll correspond by then) Is it 14 or 28 days ?

 

Many thanks

 

Katie

 

kkatiew v Lloyds ***WON*** (1 2 3)

 

 

Ok once the claim is issued its 5 days for the claim to be deemed served. Then 14 days to acknowledge If they acknowledge they get a further 14 days to enter a defence. Should they not acknowledge you can ask for judgement again should they not enter a defence you can again request judgement. In total they have 33 days from the date the claim is issued.

[kkatiew]

Many thanks Lively Lad,

 

Will follow those guidelines

 

Katie

[kkatiew]

Hi Everyone,

 

As would have thought, Lloyds filed a defence at the last minute. I'm now waiting for AQ to come through, so lets see how long this one takes !! I'm thinking of claiming for wasted time etc as per BF's sticky as we all know Lloyds have no intention of going to court. The only thing is, I'm not sure how much to put for photocopying court bundle, etc. Has anyone else filed for this yet, if so what estimated costs did your put ?

 

Many thanks

 

Katie

[kkatiew]

Got transfer of court proceedings today with copy of SC&M defence. Attached with it is this :-

 

Northampton County Court

 

Without hearing

 

IT IS ORDERED THAT

 

1. The filing of an allocation questionaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

I've not come across this before, is this normal ? Also, does this mean that if I don't fill in an AQ, I dont have to pay the allocation fee ?

 

Many thanks

 

Katie

[Guest ChloeJane]

Hi there Katie,

 

Yes this is becoming the norm - a link for reading is here.

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

The fee is payable within 14 days after the despatch of the notice of allocation to track (County Courts Fees Order 1999 Schedule 1).

 

Money claim online - this is becoming a standard response so you will have to wait to hear from the local court of whether this will change once the matter has been transferred to them.

 

DON'T worry! The court will be in touch with what will happen next.

 

CJ

[kkatiew]

Many thanks for that CJ. I'll sit back and await furthur details from the Court.

 

Thanks

 

Katie

[kkatiew]

Hi Everyone,

 

I have now received the AQ to fill in. I am ok up to Section G ' other information '. I am a bit confused as to what needs to go here. Do I need to fill this in or just atatched the Draft Order that i've seen in a few threads ?

 

Many thanks

[BARTY]

Hi

This should help:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

Good luck, let us know how you get on.

Barty:)

[kkatiew]

Hi everyone,

 

Got a General Form of Judgment or Order today as follows :-

 

Upon allocation referral

 

It is ordered that

 

Unless the defendant files an allocation questionaire by 4pm on 22 June 2007, the defence will be struck out

 

If the above happens, what would be my next step ?

 

Many thanks

 

Katie

[nicsussex]

If the above happens, what would be my next step ?

 

Start to gently celebrate your win - but one step at a time.

[kkatiew]

Hi,

 

Well I got in touch with the Court today and they confirmed that LLoyds/SCM had not filed an allocation Questionaire and that the case was 'upstairs with the judge' ?! Anyway, presuming that the case has been struck out, do I now contact Lloyds/SCM for payment ?

 

Thanks

 

Katie

[kkatiew]

Hi,

 

No such luck. Lloyds filed their AQ on Monday 10 days late ! I know wait again !

[kkatiew]

Right ! Today I receive a letter from SCM as follows :-

 

We have been passed a copy of the proceedings that your have issued against our clients in Sheffield County Court. The bank will be defending these proceedings on the following grounds :

 

1. The fees that you seek are properly incorporated into your contract with the bank: and

 

2. By making payments from your account where you have insufficeint funds to cover them, you are making a request to the bank for an increased overdraft, which the bank may meet or decline. If it meets the request, you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there has been now breach of contract here.

 

Looking ahead, a situation which gives rise to a dispute is not one the bank wishes to continue. In view of this, please, make contact within the next 14 days with your local LTSB Branch Manager 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 this action has been taken.

 

Now, I presume they are telling me they are going to close my account when I ring up ?

[nicsussex]

They are sending out loads of these at the moment - unlikely that it will be about account closure though - generally the loaval manager tends to have no idea why you are there anyway.

[kkatiew]

Ok thanks for that Nic,

 

Will see what they say tomorrow and i'll keep you posted

 

Thanks

 

Katie

[kkatiew]

I have today received another letter from SCM to say that they will refund my whole claim with the usual conditions. I know BAG advise to reject, is this still the case ?

 

Many thanks

 

Katie

[BARTY]

Congratulations!! :-D

Yes reject the conditions, I would post you a link to a letter to send but I can't post links at the moment (bl**dy computer:mad: ).

Barty:)

[Kazzie]

Congratulations:D Here is the link Barty mentioned if you still need it

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[nicsussex]

Think that is actually the link to rejecting offers - seeing as you have the offer of a full settlement I take it you are talking about rejecting their conditions. If so just cross out any conditions that you are not happy with and send the acceptance back - congratulations on your win by the way!

[kkatiew]

Thanks guys !

 

Yes. I'm just objecting to the conditions, so i've rejected the full offer on those grounds.

 

Come on !

 

Katie

[nicsussex]

Just to recap - you should only be rejecting their conditions - not the amount (this would not look good in the eyes of a judge!)

[kkatiew]

Hi,

 

Yes thats what i've done, I think I just worded it a bit wrong !

 

Thanks Nic

 

Katie

[nicsussex]

Glad to hear it

[kkatiew]

Hi,

 

Yes, have just amended it to my situation. Not objecting to the offer just the conditions.

 

Thanks

 

KAtie