Court Date - Have queries! Help Please?

[fzrkitten]

Hi, This is my first post, and I'm not even sure if posting in the right place, so forgive me if I'm incorrect here.

 

I have got as far as lodging court proceedings against Lloyds TSB on the 3rd april, and on the 12th they acknowledged my claim. I believe they now have 28 days from that day to file their defence, taking it to the 11th May (including weekends?).

 

I just read about sending copies of costs to MCOL, which I will now do, but would be very grateful for any advice from here - I am getting nervous now! My claim is for over £8000 including court costs, so not small claims court stuff either I think!

 

I have no idea what I need to fill in or wait for now, I understand they are missing out Allocation questionnaires and suchlike, and I'm trying to read as much as I can, but time is difficult for me, so any help would be very much appreciated.

 

Thanks,

 

FZRkitten

[livelylad]

Hi, This is my first post, and I'm not even sure if posting in the right place, so forgive me if I'm incorrect here.

 

I have got as far as lodging court proceedings against Lloyds TSB on the 3rd april, and on the 12th they acknowledged my claim. I believe they now have 28 days from that day to file their defence, taking it to the 11th May (including weekends?).

 

I just read about sending copies of costs to MCOL, which I will now do, but would be very grateful for any advice from here - I am getting nervous now! My claim is for over £8000 including court costs, so not small claims court stuff either I think!

 

I have no idea what I need to fill in or wait for now, I understand they are missing out Allocation questionnaires and suchlike, and I'm trying to read as much as I can, but time is difficult for me, so any help would be very much appreciated.

 

Thanks,

 

FZRkitten

 

Hi yes you have posted in the right place.

 

regarding the timeline:

Once the claim is issued it takes 5 days to be deemed served, they then have 14 days to acknowledge the claim, should they acknowledge the claim they get a further 14 days to enter a defence total 33 days.

should they not acknowledge the claim you can ask for judgement also should they not defend the claim you can ask for judgement.

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html#post614610

[fzrkitten]

Hi all,

 

I posted earlier today, and (livelylad) - you told me I was in the correct place, but now I've lost the post! Not sure where I was when I started, and where my answers will be - can you tell I'm going to be trouble?!

 

Soz!

 

FZRkitten

[Guest louis wu]

I've found it for you:)

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82807-newbie-forum-help-please.html?highlight=FZRkitten

 

Louis

[Guest louis wu]

Just so you know, it was in the Lloyds forum

[Michael Browne]

Here it is:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82807-newbie-forum-help-please.html

 

Top of the page - Quick Links - Subscribed Threads

 

All threads you have posted to will be listed there

[fzrkitten]

Thanks v much all, I thought I looked in Lloyds but not hard enough! Thanks for the links thing too.

 

Will go to my post and take it from there!

 

Regards,

 

fzrkitten

[fzrkitten]

Hi all, thanks for info (livelylad).

 

A quick intro then, I originally followed the info on moneysavingexpert website, and then followed their link across to this site, as they recommend coming here. I have got as far as issuing my court claim through MCOL, which was deemed served on 3rd April, and acknowledged on the 12th (is this quick?) I got the acknowledgement of service today in the post when I got home. I have been reading posts on the site for a few weeks, but am new to forums in general, so tell me if I'm going wrong anywhere!

 

Lloyds have caused me so much upset - even telling me 'You shouldn't have incurred the charges in the first place', when I asked for help, and 'can't you get a second job', and also that I needed to make an appointment to see their financial advisor (this was when they were taking £370 a month in charges out of my account - who needs an advisor to tell them that!)

 

As my claim with Lloyds is over the small claims court limit (£5000?), I am a tad nervous now! Would be grateful for advice along the way, and if I can help anyone in the first stages I'd be glad to. I must say Lloyds have responded to me each time quite quickly, which is slightly unnerving! However, I will soooooo not cave in, just for the comments they have made!!!!

 

Best wishes,

 

fzrkitten.

[BARTY]

Hi & Welcome!

You seem to be doing OK so far, just give us a shout if you need any help at all.

Good luck!

Barty:)

[fzrkitten]

Hi Barty and thanks. I have a couple of queries, do lloyds now have 14 days from when they acknowledged (12th April), to enter defence, or do they still have 28 days? livelylad explained but I'm a bit slow on the uptake I'm afraid!

 

And, when I get to the next bit, should I write to the court including the hardship lloyds have caused me (as in previous post), (and things they said, like laughing when I asked for an overdraft!), etc. Or does this hamper things more than help?

 

How soon after this part of the process have people been paid (question to all I guess), is it months still? And should I write to anyone else or copy anyone in to make it easier?

 

Thanks in advance for any help, it's nice to have people to talk to that are going through/have been through the same thing.

 

BW,

 

fzrkitten:)

[BARTY]

Hi

Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence.

When they have entered a defence, you should receive a copy of it. You then may receive an Allocation Questionnaire, if you do come back on and we can help you with that.

Then you should receive a Court date, the letter should tell you when you need to submit your evidence etc, again come back on and tell us when this happens.

You could get a settlement anytime from now up until a day before your Court date, no set patterns to when they settle.

Barty:)

[fzrkitten]

Thanks v much, will probably definitely need help, and a bit worried that my claim comes to over £8000 with court costs etc, for how they will proceed!

 

BW

 

fzrkitten

[pinkduchess]

I love the title of this thread - remember having the same problem.

 

Make sure you read as much as you can and familiarise yourself with the site. You'll soon get used to where things are.

[fzrkitten]

Hi Pinkdutchess, thanks for that, just noticed you had replied on this thread. I am now in the Lloyds forum and worked the site out I think, bit ashamed as I'm an IT technician and haven't used forums before!!!

BW,

Fzrkitten.

[fzrkitten]

Hi all, quick update. checked on mcol today and defence entered, although for some reason the date says entered on 29th March, which would be difficult as I didn't serve them til 3rd april, and they didn't acknowledge til 12th! Guess I await paperwork now?

 

BW,

 

fzrkitten.

[pinkduchess]

shame on you!!

 

it just tickled me.

 

good luck on the lloyds forum - hope all goes well with your claim

[livelylad]

Threads merged.

[fzrkitten]

Hi all, would really appreciate some help and advice now. I introduced myself a week or so ago, and had already gone down the MCOL claims route. I have since sent them 2 copies of my claim for costs.

 

I have now had notice of transfer of proceedings in the post today, to local court. Says allocation questionnaire be dispensed with in this case unless the District judge at the court of transfer orders otherwise. Do I now wait for more letters from local court?

 

Lloyds defence is written in as well, and am a bit confused as it only seems to get to point 7, which says 7. In the premises:

...and that's it.

- no more points, nothing on the back of any pages - should there be more or did they just forget?!!!! And they seem to have a faulty typewriter as every item with an ' in it comes up as a ? - for instance -

If you want to use a service that we haven?t listed, we?ll tell you the cost of the service before you give us the go-ahead?.

 

Class. Hope I do better than that!

 

I do however need a lot of help from here on in, as I am not good with big words. I am also worried about the fact that my claim is for over £8000, and I didn't split it, so wonder whether it will go fast track? Also, do I need to do something immediately to stop lloyds getting a stay, or do I just wait for more paperwork?

 

And is there 14 days before I get a court date now? Should I chase Lloyds or send any letters trying anything? And do I need to send anything else to MCOL or the local court to back up my claim?

 

I have been reading posts, but the more I do, the more my head spins, as I take far too much in at one time, and don't necessarily understand it anyway!

 

Sorry for the long post, hope it's in the right place, and thanks in advance for any advice.

 

Best wishes,

 

Fzrkitten.

 

edit.. I understand you are upset, but please choose your words carefully, thanks ;-)

Sorry - re-edited, didn't realise word offending, seen lots of posts with same. Wouldn't ever have upset anyone - soz!

[BARTY]

Hi

Looks like they have not sent you the second page of the defence, there are 9 points in the standard defence. Does it say anything about "embarrasing claim" in any of their points?

This is about dispensing of the AQ:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Everything is going fine at the moment, you have nothing to worry about.

Good luck!

Barty:)

[fzrkitten]

Thanks Barty,

 

I will check defence again tonight for what it does say. I'm a bit stuck on if I need to send things off now, or wait for local court to send me anything as it's being transferred? Also, I haven't sent SC&M anything since sending Lloyds the original schedule of my charges etc. Do I need to send anything to them? (I sent MCOL 2 copies of the schedule about 2 weeks ago).

 

Thanks,

 

fzrkitten.

 

[jaspermel]

Hi,

Your post has just reassured me a lot, having checked the defence I got from [problem] mine was identical - never realised they had missed the second page and I did chuckle at your 'faulty typewriter' comment!!

 

If you read my thread you'll see I have now recieved my court date... looks like I need to get my head down and a bundle put together. Just read through that thread though, and now I'm more confused than before!!

 

I will be very interested to see if you get the same letter as I have recieved today from [problem] asking me to contact my local branch manager to review my account. it says 'a review may be useful to consider whether your current banking arrangements are the most appropriate for your needs'. Hmm, are they about to try and close my account? Cause I thought the banks had been stopped from doing this!

 

Good luck anyway and I'll keep watching your posts!

[BARTY]

Thanks Barty,

 

I will check defence again tonight for what it does say. I'm a bit stuck on if I need to send things off now, or wait for local court to send me anything as it's being transferred? Also, I haven't sent SC&M anything since sending Lloyds the original schedule of my charges etc. Do I need to send anything to them? (I sent MCOL 2 copies of the schedule about 2 weeks ago).

 

Thanks,

 

fzrkitten.

 

 

Hi

You just need to wait now for the Courts to get back to you.

Barty:)

[fzrkitten]

Thanks Barty and Hi Jaspermel.

 

I will await court stuff then, I did find it funny they couldn't even put their defence in properly, or type it properly. I'm waiting to see if it goes fast track, as I'd like to ask for the standard disclosure bit myself!

 

I'm not sure about the letter you had jaspermel about closing your account. I was lucky that I told my boyfriend and he went mad, so cleared my overdraft and helped me through my cash crisis, and I changed accounts before I even started writing letters. I don't have any loans with them, so am clear and there is a small credit in my account for any fee's they think they might have forgotton! I changed to a different bank for my wages and DD's etc, so have nothing going in or out of Lloyds now. It is a huge relief in itself, as I was in a never ending spiral. When I phoned and asked for help I was told 'can't you get a second job', and 'you shouldn't have incurred the charges in the first place' etc.

 

So I will be very happy to see them in a fast track court where they disclose how much it actually costs them.

 

I will read your thread too, how long did it take to get a court date after the case was transferred for you?

 

BW,

 

fzrkitten.

[fzrkitten]

Meant to say, I will take great delight if I win in going in and closing my account myself and asking for all the money out of it in the local branch!

 

fzrkitten.

[jaspermel]

Hi, big development for me today - got another letter from [problem] offering full and final settlement of my claim! Still want me to contact bank manager though for a 'review'. But they do usually try and pull you in once a year for a so called review, never had one yet that was of any benefit, I think it's usually just an excuse to pin you in an office and try and sell you something!