GOT A COURT DATE? Important, please read......

[Guest TUPS]

Hi Everyone,hope You Are All Ok,i Was Wondering If Anyone Can Help Me With My Claim Against Lloyds For Unfair Charges,im At The Stage Where I Have Been Given A Court Date(sept) By A District Judge For A Preliminary Hearing At A Small Claims Track-county Court.the Letter States "the Claim To Be Listed For Further Directions Only At A Preliminary Hearing(time Estimate 5 Mins),"at His Hearing The Court Will Consider Either:"to Stay The Claim Pending The Decision In A Test Case Involving The Defendant(lloyds),or To Give Directions For This Claim To Be Heard As A Test Case,and If Necessary To Reallocate The Claim To The Multi Track For That Purpose.it Goes On To Say That "before The Claim Is Listed For Hearing,the Judge Has Ordered That A Preliminary Hearing Should Take Place:"to Consider Whether The Claim Can Be Disposed Of Because The Defendant(lloyds) Has No Real Prospect Of Success At A Final Hearing.--is This Good News,and Do I Have To Still Prepare,ie Court Bundle Before The Court Date,please,please Anyone Help,thanks.

[damo696969]

Hi Everyone,

 

Not sure if this is the right place to be posting but here goes, I have got a court date but A/Q has been dispensed with and no pre trial straight to case, just need to sent copies of statements,witness statement and Sheet of all charges. What i need to know is do i send my original charge sheet from when i first began the claim or do i do an updated sheet. I originally began my claim in march so the interest im trying to claim as well is now 4 months out of date. Many Thanks

[Pen]

Hi Tups, welcome to CAG, as to your question I am not to sure,

 

do you have your own thread, if so can you provide a link to it, if no. then may I suggest you start one, someone on here will give you help in doing this as i am not very good at doing links, with your own thread all the issues on it will be yours alone and members can advise you more easier.

 

You say the case is a test case, why? what are the issues ? also you say the case could be changed to a multi track, again why? how much exactly are you claiming and at what interest rate. how can your claim go from 5k max in a small claim to the multi track with i think is 15k minimum. You must be aware there are costs involved in multi track cases which could be really high as you will lose your protection under the small claims and fast tract claims.

 

I think you need to provide us with a bit more info , I would write it all down ready for one of the mods ie gary to read. he will be able to supply the information your looking for, but I do think he will need a more concise analysis of your problem for him to understand what is happening

 

Your hearing is in September so you have plenty of time yet to sort it out

 

I suggest that in the mean time you read as much of this thread as you can, starting with thread # I "got a court date please read" as this post gets updated every so often.

 

Don't worry I am sure gary or maybe PM will read it and give you some guidance well before you need to send anything to the court.

 

pen

[BeeBee01]

Hi Everyone,hope You Are All Ok,i Was Wondering If Anyone Can Help Me With My Claim Against Lloyds For Unfair Charges,im At The Stage Where I Have Been Given A Court Date(sept) By A District Judge For A Preliminary Hearing At A Small Claims Track-county Court.the Letter States "the Claim To Be Listed For Further Directions Only At A Preliminary Hearing(time Estimate 5 Mins),"at His Hearing The Court Will Consider Either:"to Stay The Claim Pending The Decision In A Test Case Involving The Defendant(lloyds),or To Give Directions For This Claim To Be Heard As A Test Case,and If Necessary To Reallocate The Claim To The Multi Track For That Purpose.it Goes On To Say That "before The Claim Is Listed For Hearing,the Judge Has Ordered That A Preliminary Hearing Should Take Place:"to Consider Whether The Claim Can Be Disposed Of is This Good News,and Do I Have To Still Prepare,ie Court Bundle Before The Court Date,please,please Anyone Help,thanks.

Thats interesting and would like some more background plz. What does this mean to consider precedents and to see if the DEFENDANT i.e Lloyds has prospect of winning. This sounds exciting. Is this some new development?

[BeeBee01]

Hi Everyone,hope You Are All Ok,i Was Wondering If Anyone Can Help Me With My Claim Against Lloyds For Unfair Charges,im At The Stage Where I Have Been Given A Court Date(sept) By A District Judge For A Preliminary Hearing At A Small Claims Track-county Court.the Letter States "the Claim To Be Listed For Further Directions Only At A Preliminary Hearing(time Estimate 5 Mins),"at His Hearing The Court Will Consider Either:"to Stay The Claim Pending The Decision In A Test Case Involving The Defendant(lloyds),or To Give Directions For This Claim To Be Heard As A Test Case,and If Necessary To Reallocate The Claim To The Multi Track For That Purpose.it Goes On To Say That "before The Claim Is Listed For Hearing,the Judge Has Ordered That A Preliminary Hearing Should Take Place:"to Consider Whether The Claim Can Be Disposed Of Because The Defendant(lloyds) Has No Real Prospect Of Success At A Final Hearing.--is This Good News,and Do I Have To Still Prepare,ie Court Bundle Before The Court Date,please,please Anyone Help,thanks.

Sorry somehow i managed to delete some of the quote om my previous post but here it is in full... 'The Defendant has no real prospect of success at a final hearing'.

[remus]

BeeBeeo1, if you go to the first post in this thread by Gary it answers both your questions.

The Orton letter is there, and also this this thread to tell you your next step re your preliminary hearing.

It sounds like the Judge is pushing a test case, more of a worry for LTSB then you at this point:D

Happy claiming

And read and read some:p more.

[remus]

OPPs, sorry BeeBee, TUPS asked the 2nd Q, the answer is still the same;)

[TUPS]

Thanks Remus Appreciate That

[mgp]

Lloyds have written to the court (29th june) saying they will pay me in full within next 10 working days (stay was up on 1st July) Also Sent me 2 letters , one saying they will pay me within 7 to 10 working days the other also saying the same but asking me to sign terms. Have looked at this in full and as I will not be making another claim think I may sign it .

Thoughts please..............

[TheNorthernWarrior]

Why don't you just write;. Thank you for your letter dated blah blah. I will accept your offer of £xxxx for claim number xxxxx . signed blah blah. That way if and it's a big IF you have to claim again, they cannot hold you to their stated letter!!! Well done, anyway.

NorthernWarrior.

P.S. I don't know what i hit, but it will explain the letter writing.

[maxey]

Just to let you all know I still haven't had the settlement from LLoyds, despite sending the letter back to **** a couple of weeks ago. I'd be interested to know if Hussell41 has had the money? Luckily I haven't cancelled the court hearing and won't do until it's in my account! Do you reckon they'll go to the wire with this?

[emdotzip]

Lloyds TSB

Our court date is 17th September. Is it worth writing to SC&M to see if they intend to settle before?

 

Background - claiming for my husband and I (£3042+interest+costs =£3919). Its been going on since end of February when we first wrote our letters.

[tetley75]

Hi, I have a Disposal Hearing on the 21/08/07 for a Data Protection Non Compliance Claim, Basically Nationwide didn't submit a defence so I entered judgement. I've never heard of one of these, so any info would be a great help. I've posted all the details at

 

http://www.consumeractiongroup.co.uk/forum/nationwide/82391-n1-form-non-compliance.html

 

Thanks in advance

[BeeBee01]

Just to let you all know I still haven't had the settlement from LLoyds, despite sending the letter back to **** a couple of weeks ago. I'd be interested to know if Hussell41 has had the money? Luckily I haven't cancelled the court hearing and won't do until it's in my account! Do you reckon they'll go to the wire with this?

Maxey...i got the two letters from them on the 6.7.07. I decided to return the letter, signed on the 8.7.07 and comply with their confidentiality clause, see my bank manager [which incidentally lasted all of 3 minutes and she was really ok]as i just wanted an end to it all. Over the past 2 weeks ive phoned them 3 times asking them where my money was. THEY GAVE ME THE SAME LINE EACH TIME...THAT THEY ARE SNOWED UNDER AND ITS TAKING UP TO 3 WEEKS TO PROCESS THE SETTLEMENTS UPON RECEIPT OF THE SIGNED FORMS.In the interim i got a hearing date for 21 august so have been getting really stressed again about getting this court bundle together, but i was carrying on 'as if'...just thought that wise after all this effort.Ive been checking my balance daily....nothing then hey presto tonight, on a saturday there it was!!! Sweet. At last. took 13 days. Hope this helps. And thanks to all the amazing encouragement and info ive got off this site. Couldnt have done it otherwise.The relief and sheer satisfaction of hearing that balance tonight made all of this worthwhile. Hang in there .BeeBee:)

[fincal]

hi i so need help. Ive been trying to use consumerwiki but all i keep being asked is to login in. I cant get any further and i need to look at the court bundle for dummies! please can any one help me as to how i log in its driving me mad! thanks

[BARTY]

hi i so need help. Ive been trying to use consumerwiki but all i keep being asked is to login in. I cant get any further and i need to look at the court bundle for dummies! please can any one help me as to how i log in its driving me mad! thanks

 

Hi

Can you not log in using the same user name and password as you use for on here? That worked for me. This link should work for you:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

Barty:)

[pupil]

Hi Gary H. As you are viewing this - have I made a goof? I sent court bundle to bank's head office i.e. LloydsTSB, Gresham Street. Now feeling very sick as don't have time to get a new bundle copied and sent to SC and M by deadline which is tomorrow.

Very poorly pupil!

[mickj2904]

Well I have to say having THOUGHT I had it I am now 100% lost as to what the hell I'm doing! I had lodged a court Bundle to SC&M and about to lodge it with the court when I read this thread. It basically is an update but it apears to be essential so I've tried to collate what I have done to produce what is now a NEW file which I am going to have to send to SC&M and say forget the first one. I've taken so far three days off work and now I'm lost 100%!

 

In the NEW court bundle it states on point 13 ii Clause 4.1 of the 1998 Terms and Conditions.....but the only thread I can see on the Working in Progress is 1996 Terms and Conditions so I've amended it to 1996 as it states the same.

 

in 13iii it refers to 2000 terms and conditions...where are they? I cannot find them anywhere!

 

I now have reams and reams of paper waiting to go into a file but it appears there are reams missing. Can anyone help as with my time off being self employed I'm going to be within the next 12 hours in a loss situation!

[pupil]

hi there. Rang the court today and spoke to case manager. She was very helpful and said that I should have sent bundle to solicitor and not to bank headquarters. She told me that I needed to send a copy to the solicitor as well. WhenI asked her if the case would be struck out because it was out of time she said no because I had met my obligation in terms of sending material to the other party.

It has now gone off (another tree bites the dust!) by special delivery.

In terms of what was in it - I felt that I could go on adding stuff forever so I made the decision to use what had been originally suggested and make sure that I really understand the arguments and where to find the answers/evidence in the paperwork in case I am asked any question.

feel a long night with highlighter pen coming on. However this will be next week when I might have a chance of remembering what I need to be able to say.

Good luck with you claim

pupil

[tetley75]

Hi, does any one know what a disposal hearing is?

[elsinore]

Hi, does any one know what a disposal hearing is?

What will happen at a disposal hearing?

 

If your claim is listed for a disposal hearing, you may find it useful to read the guidance Some things you should know about coming to a court hearing. Copies are also available from any county court. The guidance will tell you what to expect when you come to a court hearing.

At the disposal hearing the judge will either:

• give more detailed directions about, for example, the documents and evidence needed, to help the judge make a final decision about the amount; or
  
• decide the amount the defendant has to pay, if it is a simple case which does not need a lengthy hearing.

Which will happen in your claim will depend on:

• the likely amount of the damages;
  
• whether the defendant is likely to dispute the amount of damages; and
  
• whether the judge feels there is sufficient proof in the papers available at the hearing to make a final decision.

However, the judge will not normally use the disposal hearing to make a final decision unless any written evidence you intend to provide to the court has been sent to ('served on') the defendant at least three days before the disposal hearing is due to take place.

After the disposal hearing, court staff will set out what the judge decided in an order. Copies will be sent to you and the defendant.

 

Her Majesty's Courts Service - Home

 

HTH

 

Els

[tetley75]

Thanks for replying Elsinore, This is the copy of the letter I got from the courts.

 

It is ordered that

 

1) judgement is entered for the claiment for an amount to be decided by the court

 

2) it appearing that oral evidence will not be required, and the hearing of the matter will take no longer than 30 minutes, pursuant to paragraph 12 of the practise directions to cpr part 26, the case is listed for a disposal hearing before the district judge at weymouth county court allowing 30 minutes.

 

3) the claiment may rely on any witness statement verified by a statement of truth, which is sent to the court and to the defendant by no later than14 days before the hearing exhibiting copies of all documents relied apon including those relating to any loss and expense claimed.

 

Is this asking me to put together a court bundle, any advice will be a huge help.

[John72]

I have now received a copy of the Court Order and notification of the hearing date. The case has been listed as a preliminary hearing on 3 September, although it is stated that the Judge may decide to treat it as a final hearing.

 

I have already submitted the schedules of charges and copies of statements and now have to submit a statement of evidence and copies of decided cases. The slight problem is that I am away on holiday until 24 August so will not be able to see if SC&M comply with their part of the order.

 

Any advice at all?

 

John

[sianie012]

I have been given a court date of 15th August 2007 at Southend County Court, I haven't been asked to submit a bundle. Has anyone else had this???

[Vixen35]

Hi all, just to let you know Lloyds paid up on Monday £276 over the sum I was asking for, was getting close to the hearing date of 3rd Aug but hey I got there with your help. thanks all and all the best to the rest of you still going through the process. My New Years Resolution is now completed!!