Court Date - Have queries! Help Please?

[fzrkitten]

Sorry, Deputy District Judge Downton. (in case you need title).

[GaryH]

Cheers. One more;

 

How much is the claim minus interest and court fees?

[GaryH]

Sorry, and another one! lol

 

What was the date on the original order, the notice of allocation to small claims containing the directions?

[fzrkitten]

Ah. Originally 6508.00. (put in on mcol). £250 fee, 1280.80 interest. (total 8030.80).

 

then updated with bundle as they asked me to NAME the charges, so I retyped it in excel, and it came out at 8070. ish. I did put that in as an updated schedule of charges with the bundle, but am happy to go with first figure as put in on MCOL, will this matter? (The first directions did ask for an updated schedule). It's only 50 quid and it was my mistake, I didn't get it right the first time, missed a charge off and put a different one on twice I think.

 

(The updated document is at home to check properly - sorry).

 

So sorry if you are at work as well - I am but it's kind of ok between things!

[fzrkitten]

First order of disclosure dated 13th June, Deputy District Judge Lynch.

Lloyds should have responded by 11th July.

My bundle was in on 26th June.

 

TQ.

[soulfingers]

Good luck to fzrkitten!

 

I've seen a mixture of good and bad outcomes since the OFT announcement. I hope I dont get stayed as I'm still getting charges each month and like so many others the bank is hindering me from getting out of debt!

[fzrkitten]

Thanks Soulfingers, see you got the thread thing sorted, will take a look!

 

BW,

[GaryH]

Application Notice, N244 -

 

http://www.hmcourts-service.gov.uk/c.../n244_0400.pdf

Top left hand box:

 

1. Tick c), without a hearing

 

Ignore 2, 3 and 4

 

5. District or Deputy District

 

6. Defendant

 

Top right hand box:

 

The claim details, todays date.

 

Part A:

 

I ***** (the claimant)

 

(that....) sets aside the order of district judge XXXXX dated **/**/**.

 

(because....) the reasons set out in part C of this application. This application is filed pursuant to CPR 23.10.

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

Please find attached:

 

- Part C statement

- [Other evidence and attachments]

 

Part C. Attach as seperate sheet;

Claim No: .

 

In the COVENTRY County Court

 

Between:

 

fzrkitten

Claimant

 

-and-

 

 

LLOYDS TSB BANK PLC

Defendant

 

______________________

 

APPLICATION NOTICE

PART C STATEMENT

______________________

 

 

The Claimant objects to the re-allocation of this claim on the following grounds;

 

1. The claim had been allocated to the Small Claims track previously in full view of the statement of case of both parties.

 

2. The Defendant allowed an unnecessary and excessive period of time to elapse before making its application. Both parties recieved the original allocation and directions order on 13th June 2007. The order was made of the courts own motion, therefore pursuant to CPR 23.10 had the Defendant objected to the order it should have applied for it to be set-aside, varied or stayed within 7 days of service. Instead it allowed over 1 month to elapse, which the claimant submits is wholly unnacceptable and further exacerbated by the fact that the Defendant is represented by specialist solicitors.

 

3. The claim was at an advanced stage in procedings and the claimant had gone to the time and expense of complying with the order of District Judge XXXXXX dated **/**/**. The Defendant was, and remains, in breach of the order. The Claimant strongly objects that the Defendant is seemingly allowed to breach such an order with impunity.

 

4. The Claimant submits that the claim is most suitable for the small claims track notwithstanding the fact its over the usual £5000 threshold. In this regard the claimant wishes to draw the courts attention to the following matters;

 

a) The claim is a consumer dispute, for which the small claims track was specifically designed.

 

b) The overriding objective's of the Civil Procedure Rules require both parties to be on an even footing. The small claims track can provide for this whereas the fast track would mean costs exposure which would be a heavy burden for the Claimant, a self-litigating consumer, but insignificant to the defendant, a represented financial institution with almost limitless resources.

 

c) The law relating to contractual penalties is long established in both common law and statute. I believe I am able to demonstrate that the penalty provisions are applicable to the defendants charges, by virtue of terms of prohibition in the contract. Therefore the issues are simply of fact, not of law. No expert evidence is required and there is no requirement for the stricter rules regarding evidence provided for by the Fast Track.

 

5. The Claimant submits that the re-allocation of this claim on the application of the Defendant and at such a late stage in procedings does not accord with the Overriding Objectives.

 

a) Ensuring Parties are on an even footing.

 

As submitted at 4 b) above, the Small claims track provides for this requirement, whereas allocation to the fast track disadvantages the Claimant in a way which is inequitable.

 

b) Saving Expense

 

It is submitted that re-allocation to the fast track will put both parties and the public resourse to significant and wholly unnecessary further expense. The claim as it was was nearing its conclusion approaching the final hearing. It will now be subjected to the more cumbersome, stricter and expensive fast track procedure, including a case management conference in place of the final hearing. The Defendant has yet to contest any such simular claim at any final hearing or trial, therefore the Claimant submits that the further expense is highly likely to be wasted.

 

c) Dealing with a case in ways which are proportionate -

i) to the amount of money involved

 

The claim value not including interest only just exceeds the guideline threshold for allocation to the small claims track.

 

ii) to the importance of the case

 

The Defendant has been involved in hundreds of simular claims within in the last 12 months, almost all of which are dealt with in the small claims track. It is submitted that this case is no more or less significant or important than any of them.

 

iii) to the complexity of the issues

 

This case concerns issues no more or less complex than any other simular case. See para 4 c) above.

 

iv) to the financial position of each party

 

See 4 b) above.

 

d) ensuring it is dealt with expeditiously and fairly

 

It is submitted that re-allocation to the fast track at such a late stage in procedings is patently not expeditious, nor is it fair on the claimant who has complied as ordered with all aspects of the small claims procedure thus far. The late re-allocation of this claim only serves to benefit the defendant, who's litigation strategy in these matters is clearly to provaricate and frustrate for as long as possible before finally settling each and every claim shortly in advance of the hearing or trial.

 

e) alloting to it an appropriate share of court resources, while taking into account the need to allot resorces to other cases

 

It is submitted that the reallocation of this claim is allowing resourses to be alloted which would be better and more appropriately allotted elsewhere. The claimant is aware of over 200 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached. In view of this, it is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules.

 

6. Accordingly, the Claimant respectfully requests that the recent order of re-allocation dated **/**/** be set-aside and that the claim is allowed to proceed as before on the small claims track.

 

7. If the court acceds to this request then I respectfully request that the Defendant is ordered to comply with the original order dated 13th June within 7 days and in default the defence be struck out, and that the hearing of 9th September proceeds as the final hearing of the claim.

 

8. Alternatively, in view of the matters submitted above, the claimant respectfully requests that the court gives consideration to whether the defence should be struck out pursuant to CPR 3.4 2 (b) and/or ©.

 

I, the Claimant, believe all facts stated above to be true

 

Signed, dated.

It carries a £35 fee.

 

We'll also be able to use much of that to oppose the set aside application in Christina's claim.

[fzrkitten]

Thank you so so much Gary. I will read it all in a mo, take it all in and sort it all out! You are owed so many beers I am surprised you are sober enough to help people!

 

Christina - you are stuck with me for a bit longer eh?!

[GaryH]

No probs. Better check for typo's before you print it off mind!

[fzrkitten]

:grin: Yes, sorry there are a few. I pasted it into word and corrected it, no worries. Just can't thank you enough for your help.

 

BW,

[fzrkitten]

Hi Gary,

 

Quick question, do I put my schedule of charges in with this at all?

 

Ta muchly.

[GaryH]

No.

[fzrkitten]

Hi all,

 

Been to court and filed N244 at lunchtime - thanks to Gary again for massive help. Applied to have re-allocation to fast track set aside, and possibly a strike out.

 

Didn't cost me the £35, because it is an objection to an order, and I got it in within the 7 days (phew!).

 

Just a waiting game now, to see if Lloyds underhanded actions win the day, or little old me.

 

Court says 5 day turnaround hopefully, they are not behind in Listings department, so quite quick.

 

Although to me this might be the longest 5 days of my life!

 

BW,

[Night Owl]

Good luck for your waiting game.

Great news it didn't cost anything to object to the order.

 

Sitting out my stay on Lloyds until Court issue allocation and directions. Mediation done (waste of time but in my favour!)

I am getting claim against Abbey to the court on Wednesday. Not going through MCOL this time on CAG advice. Stress will probably kill me but money will keep the kids and O/H happy!!!

 

Good Luck

Night Owl

[fzrkitten]

Hi Night Owl,

 

Thanks - but you are brave, going for 2 at the same time! Lloyds has nearly finished me, think I'd need a rest in between! LOL.

 

BW,

[Night Owl]

Hi fzrkitten,

maybe going after Lloyds again soon because they are still slapping on the charges!!! Someones gonna get a slapping!!!

I shall be so stressed though!!

Night Owl

[fzrkitten]

I'm sure you'll be fine, you must be strong (or mad? ), to keep going through it!

 

I only just read christina's post, gobsmacked, she's won! There is hope for us all! Thought Lloyds were just gonna continue to be downright nasty to both of us, so I'm sooooo pleased. I'm as happy this morning as if I'd won!

 

(Does that mean soon I'll get to feel this happy twice? LOL!)

 

Fzrkitten.

 

xx

[christinajanep]

of course you will, and the same for me, i'll be just as chuffed when u win

[hudu]

Just posting to subscribe. Keeping an eye on this one. Fingers crossed for you.

[fzrkitten]

Thanks Hudu, must admit it's getting interesting if nothing else!

 

Fzrkitten.

[Rich3236]

Hi Fzrkitten,

 

WoW you still have time to post for me with this going on for you, you are awesome thank you and i will watch your case with interest.

 

Rich3236:)

[fzrkitten]

Hi Rich3236,

 

Can't say I've ever been called awesome before! I'm only a beginner, honest, but have been through the first stages as most others have, so it's nice to pass it back.

 

I've got a bit of a lull at the mo, waiting for the judge's decision, and it's the longest wait of my life. I phoned the court yesterday but I'd only handed my form in on monday, so I'm a bit ahead of them! The judge hasn't looked at it yet. Will call again on friday, otherwise it's gonna be a long weekend!

 

This is where it goes one way or the other for me, keeping everything crossed!

 

Fzrkitten.

[Rich3236]

I will watch with interest as i reckon they will try underhand tactics with me too.

 

I reckon they will attend the court date and request a stay until the end of the test case.

 

Well i hope you hear soon Fzrkitten.

 

Rich3236

[Night Owl]

Hi fzrkitten,

just came across this in the Bear Garden - Light Entertainment in the court.

It'll make you laugh, and boy do we need to laugh once in a while.

Get ready for having to explain uncontrolable belly laughs to those around you!!! :lol: :lol:

Disorder In The Court... - MoneySavingExpert.com Forums

 

Good luck, counting the hours for you. Working this weekend but will keep an eye on whats happening for you.

Night Owl