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

[GaryH]

Signs are good, but I still wouldn't get your hopes up!

[Kazzie]

Hi all,

I rang the court today and they said that Lloyds defence has been struck out and that i should now apply for judgement. Can anyone help me on a few points please?

I have searched the forum but am still not sure how i should do this. Should i just send a letter to the court requesting judgement or is there a template letter i should use? I'm also wondering if i should put in an application for costs at the same time, or do you think that would be pushing my luck?

[remus]

Oh Kazzie, and so it goes on:(

will leave your question re judgement to Gary, but I reckon he will say defo go for costs:D

good luck

[remus]

hi Kazzie, found this on mariejader's thread, Defense struck out by judge .... what next?*** All Read*** hope it helps.

[fiestychick]

Hiya

 

i've read your thread with interest and I'm appalled at the way you have been treated by LLoyds.

 

How dare they make an agreement with your for repayment and then renege on it when you had the audacity to ask for your unlawful charges back!!

 

The thing that really annoyed me was when they said your original poc was 'embarrassing'!. How dare they.

 

Anyway very best of luck and well done for not letting the EDIT grind you down

 

love fiesty xxx

[Kazzie]

hi Kazzie, found this on mariejader's thread, Defense struck out by judge .... what next?*** All Read*** hope it helps.

 

Thanks remus , the thread you directed me to said i can download form N225 from local court website so i will go in search of that now.

 

Hopefully on the home run now (which probably means only another 1,227 days to go until its over!

[Kazzie]

Hiya

 

i've read your thread with interest and I'm appalled at the way you have been treated by LLoyds.

 

How dare they make an agreement with your for repayment and then renege on it when you had the audacity to ask for your unlawful charges back!!

 

The thing that really annoyed me was when they said your original poc was 'embarrassing'!. How bloody dare they.

 

Anyway very best of luck and well done for not letting the ba$t*rds grind you down

 

love fiesty xxx

 

Thanks for your good luck wishes fiesty, and yes, they really are a tunch of bossers.

[GuidoT]

To help further see here (post 24 onwards):

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/75003-lozzer-lloyds-tsb-4000-a-2.html#post927621

[Kazzie]

To help further see here (post 24 onwards):

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/75003-lozzer-lloyds-tsb-4000-a-2.html#post927621

 

I've read through that and it was a great help thanks Guido.

 

Do you think it will be ok to add a bit on the back of the N225 saying that i would like payment to be by cheque only?

 

Along with the N225 i was thinking of sending an adapted 'informal wasted costs letter' from the templates section and mentioning their spurious part 20 claim.

Also that i feel they never seriously intended to defend this claim as they failed to submit an AQ and respond to my request for the documents i asked for in my defence to the counterclaim.

I just wanted to make sure that applying for costs is the correct way to go at this stage.

 

By the way Guido, well done with your claim:D Hopefully you wont have too long to wait until you see your cash.

[GuidoT]

In the letter that covers that N225 I would request that the judgements requests that payment is made by cheque and not by depositing a sum into your account and state if you have a good reason for such, e.g. bank account closed or whatever. A good reason is not you are concerned that the bank is going to use it to set off other debts you have with the bank.

 

I would get the judgement first and then apply for costs, it should take about 2 weeks from application. It may slow things down or complicate matters if you request costs now.

 

In my case, I wanted to show the court that Lloyds do not pay, even on judgement and that I had to obtain a warrant of execution, if indeed it comes to this. Therefore I have yet to make an application for costs.

 

I will update my thread with my request for costs that you can look at it soon.

 

Hold on, just checked my balance on there it is, bank charge refund - paid in full.

[GaryH]

Congratulations!!

Along with the N225 i was thinking of sending an adapted 'informal wasted costs letter' from the templates section and mentioning their spurious part 20 claim.

Personally I'd think carefully about going for costs. For a start their part 20 claim wasn't spurious, it was valid. Also you haven't spent any time on a bundle - the claim has been struck after the AQ stage so you won't have incurred many costs anyway. You're highly unlikely to get anything IMHO.

 

If you want to pursue it then do as GT said - don't fire it in straight away. Theoretically they could still apply to set aside the strike out order. I think they get 2 weeks to do that from the date it was made so give it until after then.

 

You've come up smelling of roses from what was potentially a very nasty situation and you've actually been extreamely fortunate - I'd be minded to quit while I was ahead personally.

 

Up to you though of course.

[Kazzie]

 

Hold on, just checked my balance on there it is, bank charge refund - paid in full.

 

Thats brilliant news, put the champers on ice, i'll be round at 8!

[Kazzie]

Congratulations!!

 

Personally I'd think carefully about going for costs. For a start their part 20 claim wasn't spurious, it was valid. Also you haven't spent any time on a bundle - the claim has been struck after the AQ stage so you won't have incurred many costs anyway. You're highly unlikely to get anything IMHO.

 

 

If you want to pursue it then do as GT said - don't fire it in straight away. Theoretically they could still apply to set aside the strike out order. I think they get 2 weeks to do that from the date it was made so give it until after then.

 

You've come up smelling of roses from what was potentially a very nasty situation and you've actually been extreamely fortunate - I'd be minded to quit while I was ahead personally.

 

Up to you though of course.

 

Thanks for replying Gary. I do respect your opinion, and going on what you've just said i accept that it would probably be a pointless exercise in going for costs.

 

The problem i'm having is in letting it go. I realise the situation could have been much worse, and its down to you that it wasn't (which i'm extremely grateful for ). I just somehow feel that even in a situation where my charges are refunded, they're the ones that have come up smelling of roses, not me.

 

They've continuously and recklessly thrown money at me (which i continuously and recklessly accepted!), then refused to accept repayments worked out by the CCCS and hounded me day in and day out with phone calls at a time i was experiencing a multitude of personal and financial problems. Then despite finally coming to an arrangement with them (which they only accepted after months of letting the interest build up nicely) they decide to counterclaim it to avoid having to pay back their trumped up grasping, greedy stinking great penalty charges. They have tried to bully and intimidate me, without a single care for how this may affect the individual, because the only thing that drives the sad soulless inadequate little excuses for human beings is their all consuming lust for money. In reality their sweet little advert with the train should show their customers all tied to the track while they drive the train straight over them.

I'm sorry if i sound so bitter and angry, but they have got away with so much . I'll be happy to have my charges refunded, but i guess i want blood as well as money

[GaryH]

Fair point, and very well put!

[Kazzie]

Today i recieved 'Judgment for Claimant (in default)'. Hooray!

 

Lloyds have been ordered to pay me by 28th June (to my home address) so its overdue already:)

 

Should my next step be to fax the Judgment to SC&M? I have read so many posts saying how long it's taken Lloyds to pay up after judgment and i wondered if there's anything i can do to speed things up. I believe Guido recieved payment within 6 days of Judgment which would suit me nicely.

 

I know i'm not quite home and dry yet and that Lloyds could still apply to have it set aside, but at least it's another step closer. Thank you so so much to those of you that have brought me this far.

 

I genuinely look forward to the day my cheque is cashed so that i can donate to this site.

I am outraged to read that many people come here for advice (that they would otherwise have to pay a small fortune for!) only to take the money and run without donating a penny to the site once they've recieved their payout.

I realise that many people are genuinely on the bread line but without this site most of us wouldn't have a penny back from the banks, so as far as i'm concerned we are all still 'up' even after donating.

IMHO those who don't donate are as bad as the banks we are all fighting. There will always be people like those who run the banks that will take our money without providing a service, so i figure there will always be those (unfortunately:( ) that will take a service without providing any payment, even a goodwill gesture.

[remus]

Kazzie, congratulations, yet another step further in your 'fight' against LTSB, I'm worn out, so how you must be feeling:eek: .

Agree with you on the donation side, and your post 88 was awe inspiring, reckon we should put LTSB on the tracks (in a way that is what we are doing, by not giving up).

You go girl:D

[GuidoT]

Send them a letter like this, as you know they paid me quickly after this:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-7.html#post921936

[remus]

If I was you I would defo fax [problem], just in case your judgement is at the bottom of their in tray:rolleyes:, as you only received it today, perhaps it has only just got to [problem] too.

Go for it:)

[kevinbacon]

:O Quite an epic story to read! I've watched movies with less excitement than this hehehehe

 

Congrats!!

[Kazzie]

Thanks very much remus, Guido and KB.

 

Have faxed the judgment to SC&M and will send it to them and Lloyds in the morning. Guido, have used your letter thank you, did you copy it to lloyds at the Gresham Street address?

[GLADSTANES]

Kazzie,

 

Can I just confirm that LTSB's counterclaim against you has been struck out as I lost track a bit.

 

Gladstanes

[Kazzie]

Kazzie,

 

Can I just confirm that LTSB's counterclaim against you has been struck out as I lost track a bit.

 

Gladstanes

 

Hi Gladstones,

 

The defence has been struck out but i have heard nothing whatsoever about the Counterclaim.

I presumed that as it formed part of their defence, and that they failed to submit the documents i requested in my defence to substantiate their counterclaim, then this would mean that the Counterclaim was automatically struck out along with the defence.

 

Have i got this wrong and do you think it should still be cause for concern?

[GLADSTANES]

Kazzie,

 

I do not know the answer to that, but please check carefully with a legal professional if necessary.

 

It sounds as if LTSB will have to issue a new claim against you for the 16000 or so.

 

All the best.

 

G.

[Kazzie]

Kazzie,

 

I do not know the answer to that, but please check carefully with a legal professional if necessary.

 

It sounds as if LTSB will have to issue a new claim against you for the 16000 or so.

 

All the best.

 

G.

 

Ok Gladstanes and thank you for pointing that out. I will definately look into it and ring the court in the morning for clarification.

[GuidoT]

Thanks very much remus, Guido and KB.

 

Have faxed the judgment to SC&M and will send it to them and Lloyds in the morning. Guido, have used your letter thank you, did you copy it to lloyds at the Gresham Street address?

 

Yes.