me vs lloyds ** WON**

[jodesbailey]

Found it now

[jodesbailey]

So I have filled it all in but am I right that I put this text in section G

ection G/H - other information

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

 

And then attach the directions of order

 

Any help would be appreciated as I did shaft my POC bit on MCOL and I don't want to send this off and get it wrong again

 

Do I also make the £100 payable to HMCS??

 

Someone please help I feel like i am talking to myself, lol.

[Michael Browne]

So I have filled it all in but am I right that I put this text in section G

 

And then attach the directions of order

 

 

That's fine

 

 

Do I also make the £100 payable to HMCS??

Yes.

[jodesbailey]

Thanks Michael

 

was beginning to think i was on my own for a while then.

 

should i mention that i sent an application in to the courts to amend my claim.

they confirmed that they had received it on the 10th may but I haven't had anything back in regards to that just yet.

 

hence why I am getting a little confused.

 

Do I also mention that I want to claim the £100 AQ fee back as well or will that just be added onto the claim??

[Michael Browne]

should i mention that i sent an application in to the courts to amend my claim.

 

Not necessary

 

will that just be added onto the claim??

Yes.

[jodesbailey]

Right I have sent my AQ back with fee back to sheffield county court and also photocopyed it and sent a copy to SC and M.

 

Was that the right thing to do??

 

Also I put in that directions so should i stick to that and send off my statements etc??

[Michael Browne]

Also I put in that directions so should i stick to that and send off my statements etc??

No you only comply with the draft order if and when the judge agrees to it. He may not. You'll be notified by the court

[jodesbailey]

cheers for that michael

 

i'm just going to leave it be now til i hear something else.

[jodesbailey]

just a quick question

 

i started another claim on the 10th may and its still at issued.

 

do they have 14 days to acknowledge then that gives them a further 14 days to defend??

 

if they don't acknowledge within 14 days does that mean i can start judgement or do i still have to wait the 28 days??

[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.

Before entering judgement, give them a few extra days.

Barty:-)

[jodesbailey]

Right this morning I have received a general form of judgement of order.

 

It Is ordered that

 

1. The application of the claimant dated 8th may 2007 be granted

 

2. the amended particulars of claim to be filed and served by 4pm 11june 2007 and the defendant to file and serve any amended defence by 4pm 25 june 2007

 

This is where I am a little confused as I have already had my AQ and it had to be filed by yesterday (4th June) I did mine but SC and M never submitted theirs on checkign yesterday.

 

Will I need to fill out another AQ at a later date and pay another £100 or will the one that I have already submitted just be added with it.

 

Phoned [problem] yesterday and they couldn't tell me anything either and they wasn't rude like I half expected.

 

Am I right in thinking that they have the 25th June to defend and if they don't I win by judgement.

 

Also my other claim they still haven't defended it yet so i'm, hoping that I can press judgement inthe next couple of days.

[jodesbailey]

Bump

[jodesbailey]

bump

 

someone please help

[paulpb123]

Hi Jodesbailey,

I might be wrong here, but it looks to me that the directions are saying that your amended particulars will be deemed served on the defendant by 11th June, after which they have 14 days to respond. You've amended it and paid the fee etc, so I would think that you are now back on course and waiting for their defence by 25th June.

All the best,

Paul

[jodesbailey]

Hi Paul

 

I kind of got the gist that it was all being re-served and that they had to defend again.

 

What concerned me is that I have already sent my AQ back for the 4th June and paid the fee. Lloyds never submitted their AQ.

 

Would it just be added to the new papers or would I need to fill one out again and pay the fee again??

 

Its all confusing.

[jodesbailey]

I have today received a letter from SC and M for a request for further information.

 

It appears that Lloyds want to settle but want me to confirm my account number and details of charges.

 

I called them up just to inform them that they had had this information by rec del on 7 seperate occasions, the guy from SC and M said that once they receive the schedule that they are then sent on to LLoyds to look into and that they don't get them back.

 

I don't know how true that is so I am today going to send 2 seperate copies of everything and confirm my account numbers etc.

 

I was wondering if this was a standard thing.

 

We'll see what happens.

[jodesbailey]

BUMP to the above post

 

Just checked mcol and the and both my lloyds and hsbc just changed to defended - only 1 more to day judgement getting pressed, guttered.

 

Anyone else had the same letter as above today??

 

Off to do the night shift now so i'll check back tomorrow.

[jodesbailey]

bump

 

anyone there??

[jodesbailey]

Lloyds had until the 4th june to get in their AQ but still haven't done it has yet.

 

Can I apply for judgement on this basis??

 

Also I amended by POC and they must re-defend by the 25th June, would this have any bearing on it??

[jodesbailey]

BUMP

 

Is anybody actually there??

 

I've been talking to myself for the last couple of weeks, if no-one knows then fair enough but can anyone at least point me in the right sort of direction.

[orfoster]

I've claimed quite a few times with NatWest and it was normal for them not to send in an AQ as they had no intention of attending court. All i got was a four page defence, no AQ and they didn't submit a bundle either. I am sure someone will point you in the right direction but as far as i know you should just wait now, you could make the court aware that no aq has been filed by the defendant but don't know how you would do that.

[orfoster]

really don't worry, I know it all seems really bad. Just remember you are claiming against them. They are in the wrong not you and bare that in mind throughout the process. Realise they are unfair, not you!

[jodesbailey]

Cheers for that orfoster

 

Was beginning to think I was on my own for a while

 

I did phone the court just for piece of mind but they couldn't give me any info as its in my husbands name.

 

My husband called though after I gave him all the claim numbers etc - he really hasn't had a clue in all this either.

 

He was told that the judge gave them further time til the 25th and then it will be struck out so to just sit tight til then.

 

I guess we'll know more next week. I am so impatient - it feels like its been dragging on forever.

[jodesbailey]

Just had a letter through from the courts

 

It is ordered that

 

inless the defendant do file their allocation questionaire by 4:00 pm on 25 june 2007 the defence will be struck out

 

guess that is some sort of good news - fingers crossed they don't file their AQ that is

 

Any one else had this??

[jodesbailey]

Now I am seriously in a pickle

 

My husband rang the court today and they have submitted their AQ today.

 

Now I am confused as I had amended my POC and they were to be re-issued on the 11th june and to have a defence by the 25th June.

 

Now that they have submitted their AQ does that mean they do not have to re-defend my amended claim as previously they had defended on the basis that it was embarrasing and to vague.

 

Do they have the option of not re-defending and letting their original defence go ahead??

 

If they don't defend can I apply for judgement??

 

Please can someone help me - I thought this was a place for advice yet no-one seems to be giving me any.

 

Any help would be much appreciated because at this moment in time I have seriously had enough of all this and just wanting to leave it now. In fact I am beginning to wish that I never started.

 

Should I start preparing a court bundle?? god knows.

 

and Martin Lewis made it sound so simple - Just write to the bank and ask for your money back, I did and they didn't give it to me.

 

Sorry to sound so negative - I just get the feeling that I have got in to deep - I'm not a solicitor and I don't pretend to be.