Beckett v Lloyds TSB - Going Back More than 6 Years

[PeterAnderson]

OK not an expert, but I have watching your post to see if someone with more knowledge answers it; well it is holiday time and this will bump your post.

 

From what I have read - provided you have done everything as per the Step-by-Step guide it would seem that you should win by default. Very interesting that SCM asked for a Stay and that was rejected - I wonder WHY :)

 

You may in the intervening period look up 'Abuse of Process'; also the court directives are just that - obey or reap the consequences; I really cannot see how they can ignore the court directives and just please themselves as to what they decide to do. Again only IMVHO as NOT an expert - just someone who has spent FAR TOO long on here reading stuff.

 

Best of luck anyway.

 

PS As it is still the holiday season if I were you I would be doing some more searching here on bits that can help you, as perhaps the experts are at Brighton splashing in the sea :)

[TBeckett100]

i read somewhere that someone went to court and another banks solicitors got stays for everyone in my local court so the judge can be swayed

[TBeckett100]

well they only have a week to get their offer on the table and in a cheque to me. if they make me turn up i will claim costs. i suspect they will try for a stay again next friday like they did with someone else. however as i am arguing the statute of limitations, a hearing is needed and i can embarras them by reminding the judge that SCM turns up empty handed on a whim of a stay

[nicsussex]

The choice is of course yours - but strikes me that the court are giving you every opportunity to get the result that you want - make the most of it

[TBeckett100]

Despite the judge refusing the request for a Stay, SCM have been underhand and faxed the judge a letter (more fully) requesting a STAY in light of the case next Friday.

 

I have previously sent the judge a letter about the STAY and I amm not sure if this contributed or whether this was done of the own accord.

 

I am worried now the Judge will accept, and all I can do is send a fax tomorrow to the court outlining the fact that SCM have only requested this because they did not file evidence and they want to delay,

 

can anyone help here??????

[TBeckett100]

I have drafted this, could anyone add any pointers or do you think this is fasir enough?

 

Claim 7QT01583 – BECKETT V LLOYDS TSB

I write further to a fax sent by Sechiari Clark & Mitchell on 30.08.2007 requesting a Stay on my claim, for the second time. Please accept my apologies for this urgent message; however I wished for you to take my points into consideration before concluding.

With respect, I wish to object for the reasons set out below.

1) I brought my claim against Lloyds TSB because Lloyds TSB did not enter into any negotiation, or acknowledge AT ANY TIME my complaint against them. Lloyds TSB were given a period of 4 weeks to respond to my original claim. Since Lloyds TSB at the time were settling claims, and in some cases continue to do so, therefore court action appears the only route forward, costing the claimant £120. Furthermore, I was left with little choice.

2) Lloyds TSB has already requested a “stay” on this claim which was refused by the District Judge.

3) An order by Reading County Court requested all documentation to be relied upon should be filed 14 days prior to the hearing, with copies sent to the other party. I confirm that my evidence was supplied to Reading County Court and SCM within this time period.

4) Despite receiving notification of the refusal for a “stay” prior to the 14 day period, SC&M/Lloyds TSB still failed to provide documentation which they intend to rely upon. It is my belief that SC&M has requested a “stay” for the second time (in somewhat a hurried manner) on the basis they have left it too late to present a case. It is my opinion that the second request for a “stay” amounts to damage limitation on their part. Furthermore, I believe that failure to adhere to the court directions and ignorance or the declined stay request amounts to “an abuse of the court process”.

5) My claim against Lloyds TSB centers on whether an issue of “service” charges amounts to “cloaking” and whether the Statute of Limitations Act would permit my claim on the basis that the “unlawfulness” of the charges was hidden and I have only just become aware. It is my belief that this case should be presented as this area, to my knowledge is not covered by the OFT “test” case and may require a hearing further on.

6) From a human point of view, I do not have the means nor the legal background of Sechiari Clark & Mitchell but I have managed to comprehend and adhere to the seriousness of the directions ordered by the court. I have found the past month very stressful and in putting my case together I have expelled a great deal of time and distraction. In my opinion it would be a shame for the hearing on 7th September to be vacated because Lloyds TSB have been granted a “stay” on my claim, requested for the second time because they failed to provide a defence for them to rely upon.

Finally, whilst I respect your final Judgment, I hope that you understand my concerns, the convenient timing of this second request (and hurried nature) and order this case to proceed as normal.

Yours faithfully

Tom Beckett

Claimant

[nicsussex]

On what basis have they requested a stay? I would have thought that they run the risk of annoying the judge if he has already rejected a stay. Would also help a great deal to understand your particular case if you stuck to just the one thread!

[TBeckett100]

its a 2 page letter referring to my case next Fri saying this is an urgent request , refers to test case and bullet points brief details of OFT claim. states they will be there at the hearing next week if the request is denied to assist the court in anyway they can

 

will the judge see through this second request. I am hoping my letter sent last thurs confirming they havent done the bundle will sway the judge

[TBeckett100]

the problem is, my letter stating no compliance has not been loaded on the court system as they have a 5 day turn around, i hope the letter i deafted above will reach the judge as quick as their urgent fax has

[nicsussex]

So it would appear to offer no further reason as to why it should be stayed than thir previous request - can't see the judge agreeing to it.

 

STILL WOULD HELP IF YOU STAYED ON ONE THREAD!

[TBeckett100]

sorry, the threads are getting clogged up with people on stage 1 of LBAs and stayed claims (all important) but i need to convey my urgent implosion

[nicsussex]

Then just add to your original thread and that will bump it up

[HSBCrusher]

Threads merged!

 

we cant keep up with you

[TBeckett100]

does anyone think Lloyds will suceed writing to the judge again for a stay after being refused the first time round and missing their deadline fore the bundle?

[TBeckett100]

send the judge a letter outining the reasons for not having a stay. Lloyds have been cheeky with my case and sent a fax to the judge for the second time asking for a stay,

 

keep ahead of the game, good luck.

[JGJ]

Hi

already done just that - if you look at the thread by zootscoot - Re- stays into and guidance seems to cover all points.

 

just have to see if judge thinks the same.

[TBeckett100]

I have spoken to the court this morning and was told because of turnaround times, it is unlikely the second stay request will be reviewed before the hearing. is it better not to inform SC&M in the hope that they may now forget about the case or call them and hope they may offer something?

[GuidoT]

Yes, definitely do not prompt SCM regarding the hearing date.

[TBeckett100]

Ok, my heart is now officially racing as Friday looms.

 

Thankfully I have never been in court before. Please can anyone share their experiences maybe to alleviate the anxiety!!

[TBeckett100]

a copy of their proscecution notes. I have done a few pages of A4 summarising the points I wish to make and where i should ask the judge etc to refer to, but with Friday looming it would be magic to have someone elses just so I know all bases have been covered and i dont kick myself under the table. much appreciated

[gizmo111]

What exactky do you mean by prosecution notes?

This is a civil hearing not criminal so no one is being prosecuted.

[TBeckett100]

skeleton arguments (good to see whether my notes are on a par!, sorry i didnt mean prosecution, you know what i mean)

 

better leave the black cap at home that day

[gizmo111]

Which bank - what sort of hearing and which court?

[TBeckett100]

lloyds, the trial, reading county court!

[gizmo111]

I'll pass it along - if you haven't heard by say wed morning then contact me again and I'll re nudge it.

 

But Reading have always been one of the better courts.

 

If you send me a blank e-mail - I'll send you some court tips.

 

[email protected]