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Referred to District Judge


markr0thko
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Hi everyone, this is my first post, although I've reading for a few weeks. I issued a MCOL claim against Lloyds and received an Acknowledge of service on March 13th. Lloyds didn't post a defence within 28 days, so I rang the court for a Request for Judgement, only to be told Lloyds had it referred to the District Judge on March 29th. Meanwhile considerably more charges have been applied and I'm really beginning to sink. :shock:

 

Can I add these extra charges to my claim, and what are the implications of the District judge referral ?:confused:

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Hi everyone, this is my first post, although I've reading for a few weeks. I issued a MCOL claim against Lloyds and received an Acknowledge of service on March 13th. Lloyds didn't post a defence within 28 days, so I rang the court for a Request for Judgement, only to be told Lloyds had it referred to the District Judge on March 29th. Meanwhile considerably more charges have been applied and I'm really beginning to sink. :shock:

 

Can I add these extra charges to my claim, and what are the implications of the District judge referral ?:confused:

 

Hi do you have a copy of the order?

 

ok you can add more charges however it will cost £35 and you will need to submit the N244 the £35 is not reclaimable. You could ask them to add the charges when they eventually do settle, or failing that you can issue a new claim.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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markr0thko

If you have submitted your claim in MCOL correctly as suggested on this site, you have nothing to fear. If they referred the matter to District Judge, you do not need to fear because the case cannot be heard without you.

 

As it stand, the bank may have submitted a last minute defence. If they did, the case will be transfered to your local county court. The court will then send you a copy of their defence and allocation questionnaire to complete.

 

You know what to do when you receive communication from the court shortly.

 

Good luck

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Hi again. After Lloyds had my MCOL case redirected to the District Judge, he has come back with nothing other than Claimant to provide fully particularised Particulars of Claim persuant to CPR 16.4, otherwise my case is struck off and I pay them costs of £89.00. Time for service of Defence to be extended to 14 days after receipt of fully particularised Particulars of Claim. Phew !!

 

No Defence copy, obviously, but no Allocation Questionnaire or mention of it. I have until May 8th. Help, please

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markr0thko

 

Did you submit a full breakdown of charges you are claiming in the form of "Schedule of claim for charges"?

 

The order is saying that you have not provided enough information in the particulars of claim. I hope you followed the rules here correctly.

 

When you submitted your MCOL did you also send a copy of your spreadsheet to the court? Or when you submitted a form N244, did you submit a copy of the spreadsheet to the court and a copy to the bank?

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I sent Lloyds an Excel spreadsheet detailing charges, but have not used the 'Schedule of claim for charges'. I havn't sent MCOL this, so thats why it was referred, doh! Ok, from beginning. what form do I use to detail these charges, and the actual amount has incresed since I started, but since I havn't submitted them as above, does that mean I dont need to amend them using N244

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You must give yourself chance to succeed this simple process. If you do not do things in the right way, the banks will recognise the error and play on it.

 

The document templates on this site are tried, tested and trusted by thousands. The banks know when they receive one of them.

 

The following links will help:

 

Spreadsheet

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

Allocation Questionnaire (Guide to Completion)

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

Letter Templates

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Court N1 form

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

Good luck

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Still confused

 

I commenced my case against LTSB with MCOL. On their website I completed a form which appears very similar to N1, stating how much I was claiming and paying £120. This form did have a POC section, however I only added that I was claiming from Jan 2004 to current date. Before commencing court proceedings, I sent LTSB an Excel sheet, detailing charges going back three years, shown on bank statements in my possession. (I didn't pay £10 for a list of all such charges). No wonder the District judge has sent me a letter asking for 'fully particularised Particulars of Claim'

 

What precisely is my next step, please be detailed, I'm having a frustrating time using this forum, probably because its the first time in such an online community :confused:

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Hi, still confused

 

I commenced my case against LTSB with MCOL. On their website, I completed a form very closely resembling an N1, stating how much I was claiming and paying the £120 fee. This form did have a POC section, however, all I wrote was ' claiming from Jan 2004 to present date'. Before commencing court proceedings, I sent LTSB an Excel sheet detailing charges going back three years, as shown on bank statements in my possession (I did not pay £10 for a list of charges from LTSB). With no POC, no wonder the District Judge sent it back asking for fully particularised Particulars of Claim, Doh !!

 

Could someone please detail my next steps as im having difficulty:o. Sorry, but I have never used a forum and its somewhat confusing. many thanks

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