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Alemanita vs Lloyds....court date!!!


alemanita
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Hi there,

 

My court date with Lloyds bank is in July.

 

Now, i've been looking on here for hours to find out exactly what i have to sent to the court, i.e relevant documents, breakdown of charges etc, but to be honest, i've got a splitting headache and i'm non the wiser.

 

English is not my first language and sometimes i don't understand what exactly it is they want from me. I went to the court today but they were not very helpful. She said i should submit to the court what i think is relevant. I'm clueless...it started off so easy but now i feel like giving up!!!

 

Any help is much appreciated ,

 

Alemanita

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Hi Alemanita,

 

Firstly don't being to panic yet - you've got plenty of time to find and gather all of the information you need. I think you should begin by checking out GaryH's most useful thread GOT A COURT DATE? A guide to the later stages. It should cover everything you need to get started from the different types of hearings there are to the court bundle. He also includes a lot of useful links. I'm confident you'll find everything you need to know there.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Thanks for your reply Lucid,

 

My court order says: 1) Each party shall deliver to every other party and to the court office copies of all documents (including experts' reports if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

 

2) The copies shall be delivered by 4pm on the 24th April 2007.

 

3) The original documents shall be brought to the hearing.

 

So, just to make sure i understand this correctly. all relevant documents mean: breakdown of charges? all correspondence with lloyds? And what is an OFT report? where would i find that?

 

My example isn't shown on the link you sent me, sorry if i sound a bit daft on here but i'm worried i mess it up and my case gets struck off, so i rather ask again.

 

thanks for your help.

 

Alemanita OOPS, sorry, just found the link relating to my case!! It is on there!

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Alemanita,

 

Just in case you miss the link to this in Gary's post:

 

Basic Court Bundle

 

The following is the relevant section from Gary's post (I don't think the links will work as they're quoted but you should be able to find the section easily now you know what it looks like):

 

The small claims track 'standard directions' -

Typically in small claims track cases, the directions will be these -

 

Quote:

Each party must file and serve copies of all documents on which that party intends to rely at the hearing, no later than fourteen days before the hearing.

 

The original documents must be brought to the hearing

 

To comply with these directions, you will need to submit copies of all the evidence and other documents upon which you would rely on in court, to both the other side and the court office, no later than 14 days before the date of the hearing. You must retain the original documents.

 

The documents/evidence you will need to submit will include;

 

- Schedule of charges

- Statements showing charges have been made

- All correspondence between you and the bank

- All cases and statutes upon which your claim relies

- OFT report

 

All this can be found in the Basic Court Bundle

 

Additionally, you should add as much other evidence as you can compile. Examples of other useful pieces of evidence are;

 

- The McNamara interview

- Australian Default Fee's report

- BBC Commission conclusion

Hope that helps,

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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You print it off but also need to add your own details to it, such as your statements and schedule of charges. Also including the other bits of evidence Gary refers to is a good idea as well. Just remember that you don't have to stick with the basic format and you can add as much to it as you want (make sure you don't include any without prejudice letters though - if you've recevied any).

 

Once you print out and gather all of the information you need then you need to put it into an order and number all of the pages. One bundle should have all of the original documents in that you have (for example replies to the prelim, LBA from the bank). You then need to reproduce your bundle twice (once for the court and once for the bank's solicitors), and this is what you need to get to them by 24th April.

 

Take my word for it, it's much better to get on with this early as it is very time consuming.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Hi there,

 

I have received a GOGW payment form LLoyds of £510 ..plus £240 they would have taken out of my account 3 weeks later for returning direct debits. Now, i already have my court date but do i need to let the court know about the payment? And what about the £240 which i incurred after i started my claim? It doesn't really count, does it? as i incurred those after i started.

 

Can someone advice me please, many thanks..

 

Alemanita xxx

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So have they settled the amount you are claiming? Any charges incurred after your claim are a seperate issue.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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Hi there,

 

No they haven't. My court date is in July and i'm just doing my court bundle and working out all the interest. They paid £510 in March and said they will not take out £240 in April for returned Direct Debits, which all adds up to £750.. but do i need to let the court know that they paid the £510? i refused it as a final settlement and just carried on with all this kerfluffle they're putting us through.

 

they also charged me again for one returnded D/D, it's gone up to £35 now!!! Evil people :mad:

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You do not need to let the court know at this stage but you will have to in time, just proceed with your claim. The £240 is a seperate issue from your claim, but it concerns me that you had a refund of £510, but still incurred £240 charges again. Is this going to happen again in May? If it is you may need to seek an alternative solution.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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I know it's bad but i do have financial problems at the moment which i'm trying to get out of.

 

I have printed the court bundle and it says to add your own information.

 

Is there an example somewhere of what would make a good impression?

 

I don't really know what to say apart from that i think it's not fair :confused:

 

Many thanks for all the help,

 

Alemanita

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