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    • Hello,

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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jay_jay 'v's Lloyds TSB


jay_jay
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Hiya :)

 

Received Notice of Defence this morning....panic.!! Have read through it and assume it is the 9-point defence that i've read about from other threads. AQ is attached so I guess this is the point of no return - I need to get down to some serious reading now - how to fill it in - who to send copies to etc. Any adivce??????

Would just like to say at this point - I have never contacted Solicitors SC&M., and have only sent prelim & LBa to LTSB. Never an actual personal letter - is this the norm??

Thanks guys,

Jay_Jay

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Hi all,:)

Have followed several threads, done a lot of reading, and followed the guide to filling in the AQ. I think I have completed it right.....My query is: do I send it straight away or do I wait until nearer the date (16th July). :?

 

I am sending one to the court & 1 to SC&M. LTSB dont need 1 do they?

 

What happens after I have sent this in - is just a waiting game for a Court date?

Thanks in advance,

JayJay

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  • 2 weeks later...

Hiya,

Handed my AQ into the Court on Tuesday (sent SC&M a copy - recorded) - can anyone advise what happens next - is there anything in particular that I should be doing.

Thanks

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  • 2 weeks later...

Hi all,

 

Handed the completed AQ into Court 13 days ago (sent recorded one to SC&M) - heard nothing up till now. Rang the court this morning and as yet LTSB havn't sent their AQ in - Court said that they had the same time scale - had to be in by the 16th July. Court reckons they are running a bit behind but she will be handing it to the judge this week - what happens then:???: .......can anyone give me some idea plz......I have been and still am trawling through but cannot find the answer.

Thanks in advance,

Jayjay

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Try this to the court:

'The last date for filing the Allocation Questionnaires was the x, the Claimant filed this document on the x, however it is understood that the Defendant has yet to file the same.

 

Accordingly, it is requested that the court issues directions to the effect that the Defence is struck out without further order and judgement entered for the Claimant, unless the Defendant issues the Allocation Questionnaire within 7 days.'

If I have been helpful please click on my star and add a comment.

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Hi everyone,

 

Heard from the court this morning, saying -

 

'''Before District Judge at xxxxxxxxxCourt

 

Upon reading the court file

 

it is ordered that unless by 3rd August LTSB files a complete A&Q the defence and any counterclaim be struck out without further notice.'''

 

Can this be taken as good news???:confused: They have 4 days to get the A&Q in. Should have been in by the 16th July. Has this OFT court business stopped them - any ideas?? Has anyone else had this same thing.

Comments please - to either put me on a high or a low:-?

Thanks,

Jay-Jay

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Hi,

 

Received this today from the Court. Can anyone confirm if I am reading it correct.

*********

General Form of Judgement or Order

 

Before District Judge sitting at xxxxxxxxxxxxxxxxxxCourt

 

Upon reading thew court file

 

IT IS ORDERED

 

1. Unless by 3rd August, 2007 the Defendant files a completed AQ the defence and any counterclaim shall be struck out without further order.

**********

 

Am I right in thinking that if LTSB do not file by Friday - in theory I win????:confused: :confused:

 

Hopefully someone out there can either make me happy or keep where I am - waiting & hoping.

 

Thanks in advance.

Jay_Jay

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Hi all,:)

 

Rang the Court at 4 on Friday (close of business & deadline for LTSB to have sent in the completed AQ) they hadn't received anything.

Rang again today and still nothing - Court says that my paperwork would go before a Judge in the next day or so for his decision........!!!!

 

Can I begin to see the £'s coming my way????:confused: - hopefully, or is there a chance that the Judge will go in LTSB's favour????

 

Has anyone out there been in this position, if so any replies would be appreciated.

 

Thanks,

 

Jay-Jay

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I have seen this several times, their defence is likely to be struck out, you obtain judgement and then receive your money.

If I have been helpful please click on my star and add a comment.

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  • 3 weeks later...

Hi everyone,:)

 

Received letter from Hertford Court today. This is an exact copy of wording:-

*******************************************************

Upon reading the court file

IT IS ORDERED THAT

1. Defence struck out in accordance with order. Claimant can apply for judgement.

Dated 13 August 2007

 

*******************************************************

Dare I assume that I am almost there?????

 

Does anyone have any idea where I can find JUDGMENT CLAIM FORM.

I have looked through and canot find a template. Do I have to go straight to the Court and ask for Judgment. How do I proceed - any help would be greatly appreciated.

Thanks Guys.

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Thanks for that Guido - At the risk of appearing thick! do I just fill in and take it to the Court? Do I need to send a copy to SC&M - Do I just tick A and then fill out details of amount and for it to be paid immediately or ive them a date. Blimey this form seems worse than all the rest.

Thanks in advance

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Post to court is fine, not to SCM, if you PM me your email address I can send you one I prepared earlier and it should answer most of your questions.

If I have been helpful please click on my star and add a comment.

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Hiya.....:)

 

HELP................HELP...........HELP...............HELP......PLEASE

Is anyone out there able to assist with filling in the JUDGEMENT FORM:? :?

 

I posted yesterday and Guido helped a bit, but not on line at the moment so cannot ask anything further.

 

Ideally has anyone filled in one of these forms, if so can they advise what they put and where. This form seems the hardest of all - or am I being stupid:oops: - don't answer that!!!

 

I am wanting to take it to the Court today - ready for them after the Bank Holiday.

 

Any help would be hugely appreciated

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That is around four years and cannot be correct.

 

It is the number of days between the date when you filed your claim form at court to the date when you file judgement, e.g. today.

 

Your post 28 above states you filed the claim and is dated 24 May 2007, so your number of days should be around 90 days.

If I have been helpful please click on my star and add a comment.

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