Riskman v Lloyds TSB ****WON****

[remus]

Hi Riskman, you get up early;) MCOL's Court is Northampton, it will be transferred to your local court to be dealt with OK:)

[Riskman]

Excellant, well done:)

 

So you sent all of the following, yes? -

 

a) Your schedule;

 

b) Your statements showing the charges. Alternatively the list of charges which the bank provided under your S.A.R - (Subject Access Request);

 

c) A statement of evidence

d) All the statutues and case law on which your claim relies. Ie, UTCCR's, UCTA's, SOGA, case law, etc. You'll find all of this in the Basic Court Bundle.

 

Yes, as you say, if they don't submit within a further 14 days then the judge will strike out their defence.

 

Hi GaryH,

 

I am prepareing for the next stage after submitting my claim on-line. What do you mean by schedule above?

[Riskman]

Hi GaryH,

 

I am prepareing for the next stage after submitting my claim on-line. What do you mean by schedule above?

[GuidoT]

In case you are not aware and as you filed using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[GuidoT]

Riskman you need to post on your own thread. You are a little away from having to comply with post 42, if indeed you have to at all. Anyway the schedule is your schedule of charges.

[GaryH]

4 Threads merged, and hi-jack posts moved. Please stick to this thread from now on please - people will find it very hard to advise you properly if there are different bits of your timeline scattered all round the forum.

[Riskman]

Hi,

 

I got a letter from the court saying that Lloyds have acknowleged claim and they have 28 days to respond. Is there anything I should be doing in the meantime?

[GaryH]

Not a lot for the time being - you're waiting on a defence.

 

Just have a good read around the site

[remus]

Hi Riskman,

as GaryH says, its plodding along as it should, and you can now join me in the waiting game, and glean as much info as you can, so you are well prepared for the next step.

 

Happy claiming:D

 

and read read and read some:p more

[Riskman]

Hi,

 

I have just received a letter from the court today titled "notice of transfer of proceedings", within it is a 9 point defence by Lloyds. The 9th point is just saying they have denied the claim. Would someone please advise me on what I do next! There is no allocation questionnaire attached, this line has been scratched out. Do I just wait? Do I need to send anything to the court? Do I have to pay any money? Help would be appreciated.

[nicsussex]

All sounds perfectly standard - you should now get your next direction from your local court - whilst the AQ has been dispensed with the fee (if applicable) will still be payable

[remus]

Riskman,

things are going along nicely, keep an eye on your account incase they pay your money in (I keep checking, but nothing yet:( )

Keep reading as much as you can, it is very much a waiting game, LTSB are in no hurry, it just feels like forever.

I have a HSBC claim ongoing, and I'm wondering if I'm a bit special as I have had an AQ for them as well!

read read and read some:p more

Happy claiming:)

[Riskman]

Hi,

I have just received the Allocation Questionnaire for the small claims track route. On the front of the form no fee has been hand written, I assume this is because my claim is less than £550.00?

I want to take someone with me for support, does anyone know which section I would put this under?

With reference to section E Experts, I assume that I put nothing in this even if I use some kind of report that others have used in these types of cases?

Do I send in copes of all the letters I have sent to Lloyds? If yes, does this go under section G Other Information?

What other stuff should I be putting under section G Other Information?

Do I need to send anything to their legal representatives or does the court send them a copy of the stuff I submit?

Any other advice would be appreciated as I do not want to loose by making a mistake

[Michael Browne]

See these 2 threads:

Allocation Questionnaires - A guide to completion: N149 & N150

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

http://www.consumeractiongroup.c o....tionaires.html

You can take someone with you as a 'Mackenzie Friend' who can advise you but cannot address the court themselves

 

It's not a requirement to send SCM a copy but recommended as a courtesy

[Riskman]

Hi,

Can someone give me some advice please?

I sent my allocation questionnaire off to the court on Thursday. I received two separate letters from Lloyds solicitors yesterday, both with the same date on. One letter says that they are not prepared to refund my bank charges and that I need to contact Lloyds about my account. The other one is offering to refund the charges and says the offer is confidential and that if I accept I need to sign the offer and return by the 2nd July. If I accept they will pay the money into my account. Once the money is in my account I have to write a letter to the court saying I want to stop proceedings. Is this a new tactic or should I sign and get my money back?

[Riskman]

Hi,

 

Can someone give me some advice please?

 

I sent my allocation questionnaire off to the court on Thursday. I received two separate letters from Lloyds solicitors yesterday, both with the same date on. One letter says that they are not prepared to refund my bank charges and that I need to contact Lloyds about my account. The other one is offering to refund the charges and says the offer is confidential and that if I accept I need to sign the offer and return by the 2nd July. If I accept they will pay the money into my account. Once the money is in my account I have to write a letter to the court saying I want to stop proceedings. Is this a new tactic or should I sign and get my money back?

[Michael Browne]

If the offer includes charges + 8% interest + court fees then accept, but without any conditions. Otherwise send rejection letter:

Rejecting Offers

[remus]

Riskman, CONGRATULATIONS:D

 

No tactic, you've WON:D

 

Don't sign the letter yet, need to find how you respond:p

 

Chuffed for you, after the shakey start.

 

CONGRATS:D

[BARTY]

Congratulations!! :D

Barty:)

[GaryH]

Congrats!!

[remus]

Riskman, if the offer amount is for your claim, interest and fee as MB has said accept, but on the acceptance letter (never seen one:( ), you need to state that you do not accept any conditions that they are imposing, ie: you may in the future need to put in another claim if they have applied further charges, also no confidentiality, we want everyone to know:p

hope this helps.

[nicsussex]

Congratulations - well done