Think i've messed up big time **DEFENCE & C/C STRUCK OUT** WON**

[remus]

Kazzie, just want to wish you the best of luck today:)

[remus]

Kazzie if no one answers your question before you go, I would say yes to 3 copies and ask at the court:) Good luck:D

[Kazzie]

Kazzie if no one answers your question before you go, I would say yes to 3 copies and ask at the court:) Good luck:D

 

Ok Remus, thanks for that, and thanks for your good luck wishes as well

[Kazzie]

I took everything to the court today, and it was a complete nightmare, i'm so stressed

I put everything in the order that GaryH said to put it in, and handed it in explaining what each was for. He took my £35 fee for POC and when i gave him the £100 fee for AQ he said i didn't have to pay it, and that only the Defendant had to pay it . I said i did because my claim was for over £1,500, he said i didn't, i said i did and so it went on. In the end he went off to get someone else, she came back and argued the toss for another 5 minutes, and finally agreed that yes, i should pay it. I'm so mad, if it hadn't been for what i've read here i could have ended up with my claim struck out.

He then went off to get copies of my AQ (the only thing i didn't take in triplicate). He was gone forever and when he came back he had removed the staples from the documents i had given him that had to be attached to each other, and made 2 copies of each of these, even though i had given them all in triplicate (except the AQ). We now had 50 pieces of paper instead of 30, none of which were in the attached order i had given them in! I sorted them all out again eventually, gave them back to him and he gave me a reciept for the £35.00 & £100.00 and he said thank you, bye!

I asked him what happens to the copies i have to have, and the ones i have to serve on the Defendant, and asked him if the court now send them on to me (as he didn't give them back to me i presumed that they must send them to me). He said i could have them now if i liked and gave me one set of copies, i said i needed two sets and when he gave me the other one i noticed that nothing was sealed (or stamped or whatever it's called :-?). I said to him, shouldn't they be sealed, and he thought about it for a bit, then took my 2 piles back and stamped only the front of the N244 of each pile.

I'm so worried now. Will it matter that only one of the documents i've just sent to SC&M is stamped? Do you think the court man will sort out all the documents and copies he is left with, i have visions of my counterclaim defence slipping under his desk and never being seen again.

Sorry to go on and on but i needed to get it off my chest. I've read so many times on the forum about how helpful the courts are so presume i just got unlucky with mine. What really surprised me was that the court man didn't seem at all familiar with the procedure, and there was me thinking they could probably do it with their eyes closed.

I'm so so grateful that i learned the procedure from the forum. If it hadn't been for that i wouldn't have stood a chance of getting things right today at the court, and it all could have been a waste of time:(

[remus]

Hi Kazzie, i have been having a read, and on the N244 form it says "sufficient copies for service on each respondant" my belief is that the court takes all 3 copies, sorts it out stamps etc, keeps one, sends one to [problem] and returns one to you, (happy to be corrected;) ) so you saved them a lot of paperwork and postage by taking yours and [problem]'s. I reckon Mr court man was feeling a bit intimated by this empowered woman stood in front of him! you go girl:cool: , I see a lot of me in the way you are not letting Lloyds TSB beat you down, and cannot see from my non legal point of view that you have not done everything possible:D

[remus]

Oh, so excited, I actually managed to do a signature, this is the first time its come up:cool: still cant get the hang of copy paste though DUH!!

[Kazzie]

Hi Kazzie, i have been having a read, and on the N244 form it says "sufficient copies for service on each respondant" my belief is that the court takes all 3 copies, sorts it out stamps etc, keeps one, sends one to [problem] and returns one to you, (happy to be corrected;) ) so you saved them a lot of paperwork and postage by taking yours and [problem]'s. I reckon Mr court man was feeling a bit intimated by this empowered woman stood in front of him! you go girl:cool: , I see a lot of me in the way you are not letting Lloyds TSB beat you down, and cannot see from my non legal point of view that you have not done everything possible:D

 

Thanks for taking the time to find that out for me remus, i appreciate it:)

GaryH thinks there's nothing to worry about either, so its just playing the waiting game now.

Thanks for your support, it means a lot and by the way.......great signature!

[twinmom03]

Sorry just having a quick read here and in kinks at the "chuffed as a box of frogs" term. I love it, now have to figure out how to add it to my next conversation!

[Kazzie]

Sorry just having a quick read here and in kinks at the "chuffed as a box of frogs" term. I love it, now have to figure out how to add it to my next conversation!

 

Now you've got me laughing at you laughing! :grin: :grin: :grin:

[Kazzie]

Hi all

Have just realised i haven't sent a completed certificate of service to the court.

Just reading through it and it says to write down the documents i served on SC&M. Do i need to list them all and send them all (again) to the Court? (AQ, Draft Order for Directions, Section G-Other information, N244, N1, Schedule and defence to Counterclaim). Or is it ok to just send a copy of the N1?

Thanks.

[GuidoT]

This relates when you serve the claim form (N1) on Lloyds. Are you sure that the court did not do this?

[Kazzie]

This relates when you serve the claim form (N1) on Lloyds. Are you sure that the court did not do this?

 

Hi Guido

Thanks for the super quick reply!

 

When i went to the court last week i gave them 3 copies of everything. They gave me 2 copies of everything back and I then sent a copy of everything to SC&M.

To answer your question, no, i'm not at all sure what the court did/does next. I wasn't given any information from them and am stuck as to what i should do next.

[GuidoT]

You need to complete it then, as they gave you 2 sealed copies back and you served on Lloyds.

 

Usually the court do not need as they serve the documents on Lloyds, but in this case you have.

 

It only relates to the issue of the N1. You have 6 months from when you filed the claim at court to complete the form, but it is good practice to do so once you have served the claim form, so do not delay any more.

[Kazzie]

You need to complete it then, as they gave you 2 sealed copies back and you served on Lloyds.

 

Usually the court do not need as they serve the documents on Lloyds, but in this case you have.

 

It only relates to the issue of the N1. You have 6 months from when you filed the claim at court to complete the form, but it is good practice to do so once you have served the claim form, so do not delay any more.

 

Ok, thanks for that Guido. Will get it off to the court first thing in the morning.

[remus]

Kazzie, you are going to know this system inside out, perhaps a job as a court clerk, so you can help us all, and keep the paper work that the court needs, so as not to create more work and worry for the individual:p

bit worried about your box of frogs, will you release them once you've won:D

[Kazzie]

Hi all

Could someone please advise me what my next step should be?

 

I sent the first SAR and CCA requests on the 21st April. I sent the second request on 30th April (this one stating that they were obliged to disclose this information under the Civil procedure Rules, and giving them 12 days to do so). I have still not heard a peep from them. The cheque enclosed with the first letter was never cashed, though both letters were delivered and signed for.

 

Should i now be sending SC&M/court a non-compliance letter? I have looked in the templates section but can't find anything that seems to cover my situation.

 

I submitted my defence to the court along with the AQ etc, on the 1st May. My defence requested a stay in proceedings until i recieved the above information. I also enclosed the 'Draft order for Directions' as advised in the templates section, but have yet to hear anything from the court.

 

I sent the first and second SAR & CCA requests to Lloyds but am now wondering if i should have copied the second one on to SC&M.

 

The silence from Lloyds, SC&M and the Court is becoming deafening, and i would appreciate any advice on how to get myself heard

[remus]

Hi Kazzie,

My first thought would be to ring the court, and find out what point there at, I think you would have been notified with the return of your AQ etc, it can't do any harm.

As to your other questions re SAR etc I'll leave that for someone who knows:p

I can hear you:)

[GaryH]

Hi Kazzie,

 

Just sit tight for the moment. You'll hear from the court fairly soon - and as far as Lloyds goes then no news is definately good news.

[Kazzie]

Ok will sit tight, thanks for that Gary and Remus.

[Kazzie]

Hi all

Just wondered if it usual for Lloyds to file their AQ after the deadline as another delaying tactic, or do they usually file it on time?

 

Sorry GaryH, i PM'd you and then noticed today that your signature said not to . I hadn't noticed it before, sorry:)

[GaryH]

No problem, I did see your PM actually. As you can imagine its been a bit hectic lately what with *recent events* which is why I put that message in my sig.

 

Good news though, although don't get your hopes up too much. Ring the court on the day of the deadline to check whether its been filed or not.

[Kazzie]

Just to update i rang the court this morning and Lloyds haven't filed their AQ on time.

I recieved a letter from the court last week saying that the Judge has ordered that unless they file their AQ by 21st May (yesterday) the defence be struck out.

As the courts often extend deadlines i wondered if they are likely to do so this time, or does the fact that the judge has ordered it mean that they are not likely to recieve another chance to file it?

 

Presuming it really is struck out, i wonder if anyone could please advise me on what step to take next.

I still haven't recieved anything from lloyds regarding the SAR and CCA requests. I sent them a letter on the 30th April saying that as the matter is now the subject of legal proceedings they now have 12 days in which to comply. Should i now write to the court asking for an order enforcing compliance, or would it be best to wait until the court contact me regarding lloyds not filing their AQ?

 

Thanks in advance for any help you may be able to give.

[GaryH]

As long as its not in tomorrows post then its looking good.

 

The court are unlikely to extend the unless order deadline beyond a day or two - if at all.

 

Fingers crossed!!!!!!!! Although I still wouldn't get your hopes up quite yet.

 

Don't do anything else yet until either their AQ is submitted or the defence is struck out.

[innocent]

Excellent thread

 

The way ur case is going has a direct correlation with mine...

 

 

I'll be watching and waiting for any news from you, almost as eager as you no doubt

 

Innocent

[Kazzie]

Just to update, i still haven't heard anything from the court.

 

I rang them today as its been 3 weeks since the date Lloyds had to file their AQ. The court said that the AQ still hasn't been filed, and my file is with the judge waiting to be actioned.

They said they are behind because they're snowed under with penalty charge claims at the moment.

He said i should hear something within the next 2 weeks, so i guess i'll have to carry on playing the waiting game.