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

[remus]

well done Vixen35, add you results to the settled, we need to show them:)

[maxine989]

Hi Gary

 

Here's a snippet of info regarding Lloyds for folks who have hearing dates coming up soon.

 

In light of the recent OFT proceedings against many of the major banks I was concerned that my hearing may be put on hold (my date is the 16th)... as I have heard that many banks are applying for a 'stay' on hearings.

 

So I decided to call up Lloyds litigation SC&M to discuss my claim.

 

It might be claimants who have pending court dates coming up soon giving SC&M a call too...

 

I just called them (about 15 mins ago) and said that I wanted to discuss my claim in light of the recent OFT proceedings as I have a hearing date on the 16th of August. They settled in full over the phone!! full charges, plus 8% plus court costs, plus a bit extra which I assume is for more recent charges.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/51041-hard-slog-lloyds-tsb-3.html

 

SC&M said I should get something in the post over the next day or two...

 

It's worth a go and might save many of you from having to print out the court bundles or attend court.

 

Here's the number: 01273 205381, have your claim number handy.

 

[dolly]

Just called my local court (hearing on 22nd August) where they said that the judge has been in discussion with judges from many other courts and will not be staying the case before hearings simply because of the Test Case. If the bank wants a stay they will have to put up a legal argument for it and should not automatically assume they will get it.

 

Hopeful

[elsinore]

That's encouraging, dolly.

 

May I suggest you add that post to this thread

 

http://www.consumeractiongroup.co.uk/forum/general/107548-office-fair-trading-test-36.html

 

Els

[dolly]

That's encouraging, dolly.

 

May I suggest you add that post to this thread

 

http://www.consumeractiongroup.co.uk/forum/general/107548-office-fair-trading-test-36.html

 

Els

 

Have done

[Destinyofsouls]

Dolly which court is it?

[dippydodar]

hi i need some help please. lloyds sent me a letter 2 weeks ago saying basicaly that they would give me most of what i wanted as long as i signed acceptence letter and cancelled the court case. well i signed the letter but did not cancel the court case.i have now got a court date for the 10/08/2007 .i still havent had a cheque from lloyds. what do i do now.allso its a premilary hearing the letter said it would only last 5 mins. do i have to send them a court bundle and if so what do i send thats just incase lloyds dont pay up thanks dippy:)

[harrythehawk]

Would say that without the cheque it is business as normal, once you have it and it's cashed then stop ... actions speak louder than words

[dippydodar]

Thats what i intend todo thanks for your reply dippy

[ukaviator]

Hi Gary

 

Here's a snippet of info regarding Lloyds for folks who have hearing dates coming up soon.

 

In light of the recent OFT proceedings against many of the major banks I was concerned that my hearing may be put on hold (my date is the 16th)... as I have heard that many banks are applying for a 'stay' on hearings.

 

So I decided to call up Lloyds litigation SC&M to discuss my claim.

 

It might be claimants who have pending court dates coming up soon giving SC&M a call too...

 

I just called them (about 15 mins ago) and said that I wanted to discuss my claim in light of the recent OFT proceedings as I have a hearing date on the 16th of August. They settled in full over the phone!! full charges, plus 8% plus court costs, plus a bit extra which I assume is for more recent charges.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/51041-hard-slog-lloyds-tsb-3.html

 

SC&M said I should get something in the post over the next day or two...

 

It's worth a go and might save many of you from having to print out the court bundles or attend court.

 

Here's the number: 01273 205381, have your claim number handy.

 

 

 

I just got off the phone with SC&M and was informed that all payments on outstanding claims have been suspended. She did,nt even want to discuss my case as there was no point at this moment in time. I think you were lucky Maxine. My case is in Oct, so maybe nearer the time, if not stayed, they may contact me. Suits me as i have a daily rate of interest being added.

 

Uk

[dolly]

I just wonder if Maxines was already marked for settlement and that is why she got her money yesterday - if a letter had already been done and was on the way?

[mattyb13]

Just a quick question about the court bundle and the statement of evidence/ witness statement

In the SoE in the Murray v lesuireplay it has the date as 2005

 

16. The Claimant will further rely on numerous recorded authorities dating throughout the 20th century up to the most recent case of Murray v Leisureplay [2005] EWCA Civ 963, all of which have upheld and reinforced the principles set down by Lord Dunedin defining contractual penalty clauses and the unenforceability thereof.

 

But in the court bundle it says 2004 like this

 

In the case of Murray v. Leisureplay (2004), Mr Murray was sacked by Leisureplay and he claimed three years' salary as per his contract of employment. The courts decided that this clause was a penalty clause and he was not entitled to this level of damages. Even though the decision was reverted on appeal, the appeal itself drew on and further reinforced the principles of penalty charges.

 

Is this a mistake or should it be like this.

Thanks.

[mattyb13]

Anyone know??

[GaryH]

I've answered this on the AQ thread already. 2005.

 

Please don't ask the same questions on different threads all over the site. Answering questions which may have been answered multiple times already is a waste of peoples time. Stick to your own thread preferably, then look elsewhere if you don't get an answer.

 

Thanks.

[mattyb13]

Hi Gary,

 

Sorry about asking in two different threads, I was just trying to get my bundle finished off last night and I spotted the error. I really want to get it in this week as I phoned my court yesterday and they are carrying on as normal and stays must be applied for and dealt with on a case by case situation.

 

I will consider myself told

 

Thanks for the help btw

[GaryH]

No problem.

 

Excellent news about no stays. Which court is it?

 

Also, if you have a court date v Lloyds, can you post on the "Lloyds Court Dates" thread please? Thanks.

[tina9776]

I have posted my court dates on the Lloyds Court dates thread already, I have one for 10th September which is for the largest amount, ££3,157.37 inc. MCOL fee and interest. I was asked to send my statement of evidence, etc, by 18th July which I did. Lloyds were asked to serve a response to my schedule by 8th August which they have not, as yet, done. I rang SC&M and they said that all claims had been suspended. I told them that no stay had been applied for in my case at the county court. They then said that in that case it would go to court.

Could someone please tell me what I should do if they do not reply as directed with their response to my schedule. Do I ask for a request for judgement and is there a letter somewhere on the forum?

Grateful for any help and I have posted this on my thread too.

Thanks - keeping my fingers crossed.

[sammybell]

I am new to this site but have been watching for months. In fact quite new to forums. So hello all. Anyway someone please help! My husband has a court date in September - don't have exact details with me at present but will get back with the exact date. I have been sorting it out since we started the claim, letters to and from Lloyds. Needless to say we are some of the unlucky ones and have to go to court. I need to have a court bundle in by 10 August and am really concerned and unsure that i may not be doing it correctly. So far i will include in the bundle:

Corresspondence to and from Lloyds

The statements that Lloyds sent me when requested showing charges

The OFT report (front page as Gary mentions)

The Orton letter

The Administration letters

The Analysis of unfair terms in schedule 2

BBC The money programme bank commission

 

Is this enough and correct?

Many thanks

[BARTY]

I am new to this site but have been watching for months. In fact quite new to forums. So hello all. Anyway someone please help! My husband has a court date in September - don't have exact details with me at present but will get back with the exact date. I have been sorting it out since we started the claim, letters to and from Lloyds. Needless to say we are some of the unlucky ones and have to go to court. I need to have a court bundle in by 10 August and am really concerned and unsure that i may not be doing it correctly. So far i will include in the bundle:

Corresspondence to and from Lloyds

The statements that Lloyds sent me when requested showing charges

The OFT report (front page as Gary mentions)

The Orton letter

The Administration letters

The Analysis of unfair terms in schedule 2

BBC The money programme bank commission

 

Is this enough and correct?

Many thanks

 

Hi

If you post your Court date in the thread below, GaryH will contact you with what you need to put in your Bundle:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates.html

 

Good luck!

Barty:-)

[mickj2904]

Hi

 

I have my court date, recieved your email regarding bundle. Rang SC&M as they had not sent their bundle to me as required by the court, they actually said to me they weren't going to send it to me though the court guideline stated we had to serve on the court and each other 14 days before the court date its now the 6th August. I had my bundle to them and to the court can I ask the court to award judgement by default?

[sammybell]

Hi

 

I have found terms and conditions that states: If you do use your card to create an overdraft we have not agreed to or to exceed an agreed overdraft limit, you will have broken the terms of the Account and you must repay the unagreed amount immediately.

 

I have included this in my bundle as their defense says that my husband has not breached the contract.

 

Is this any good do you think? If so I can put it on the site. Wasn't sure where to put this thread, sorry if it is in the wrong place.

 

It doesn't have a date on it but my husband only had the account from 2002 till 2005.

[dippydodar]

hi i need some help please. lloyds sent me a letter 2 weeks ago saying basicaly that they would give me most of what i wanted as long as i signed acceptence letter and cancelled the court case. well i signed the letter but did not cancel the court case.i have now got a court date for the 10/08/2007 .i still havent had a cheque from lloyds. what do i do now.allso its a premilary hearing the letter said it would only last 5 mins. do i have to send them a court bundle and if so what do i send thats just incase lloyds dont pay up thanks dippy:)

hi just thoufht i would lrt you know had my cheque sat £1,016 just £100 short of what i was claiming this included court costs dippy

[malcdal]

I'm 14 days away from the court date and have just spoke to SC&M regarding the fact I haven't received their bundle. They say they have a backlog and will have it to me within a week, if not I should call again. Anybody got suggestions of what I could do next?

 

Malc

[BARTY]

I'm 14 days away from the court date and have just spoke to SC&M regarding the fact I haven't received their bundle. They say they have a backlog and will have it to me within a week, if not I should call again. Anybody got suggestions of what I could do next?

 

Malc

 

Hi

Have a look at this link:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

 

Good luck!

Barty:)

[pupil]

Although Lloyds TSB settled and put the money in my account the court case went ahead because they left notifying me until the last minute and when I rang the courts to check that they had received my letter telling them of the settlement they hadn't.

A number of items of information came out of this.

1/ There was a representative there from SCand M (not for my case which they presumed was not going ahead but for others). he told me that Lloyds were not going to make any more payments until after the test case.

2/ SC and M were turning up at court to request stays on all cases. By the smile on face as he came out from seeing the judge I guess he was successful on the day.

3/ If they were not granted a stay and the decision went against Lloyds they intended to appeal after the test case.

4/ I asked the judge to consider awarding costs for my time etc as Lloyds had never submitted a bundle and their letter of settlement was dated 23rd July - the date by which their papers should have been submitted therefore they clearly had no intention of defending

5/ The judge was not convinced that Lloyds had acted unreasonably. He mentioned the test case more than once and I suspect that he did not want make any controversial decision while that was pending.

6/ I felt that he was also taking into account the fact that LLoyds had settled. He did check that their payment had included court fees which I felt he would have awarded if necessary.