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Ollie vs Lloyds**WON**


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Hi fzrkitten and anyone else reading,

 

Well pretty good result!!! SC&M solicitor did turn up but minus his evidence "bundle". He more or less immediately requested a Stay (he told me he would be doing this when he came over to introduce himself me prior to court time, to which I told him I would be opposing), he also informed me that apparently SC&M had sent me a letter on 6th Aug to inform me that they would be applying for the Stay but funnily enough I have not yet recieved this. After I said a few points to the Judge referring to their non-compliance etc the Judge over ruled and refused the stay due to several points..the main being to their non-compliance to the Judges order in submitting evidence, the fact that this case had been going on since last Nov and being a modest sum of money and that the claimant (me!) had submitted a "immaculate bundle" (oh how secretly smug was I at this point!!!). So the result is that the stay was refused and the defence struck out. The Judge did say that they have 14 days to lodge an appeal an appeal or 21 days from today to pay up!! So just a waiting game now. Was very nervous went I went into the room, but the Judge was firm but fair and did not make me feel awkward. To be honest the guy from SC&M was also a nice fella and actually congratulated me on a job well done. He didnt seem to know what was the latest update with the claim (he did not have my submitted bundle with him) and I got the impression he was just relying on getting the stay.

It was quite funny when we were waiting outside the court and he asked me if I was nervous etc. I said "'No its not as if I've done anything illegal is it" and he replied "No its lloyds that have done that"!!!!!!!!! I asked him if I could quote him on that one!!! I think at this point he realised he'd said too much lol!!!!

So feeling a 100% better then I did at 6am this morning!!!

I will obviously keep here posted with what happens next.

 

Thanks again for support and help. It really helped me through all this. :D

Will certainly be making donation when money recieved.

 

Have you had any updates on your case fzrkitten?

 

Bev x

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Really pleased for you - have been thinking of you this morning.

Hope they don't bother with the appeal and you find the money in your account any day now.

Well done :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Meant to ask - how much was your claim for?

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Thanks Guido, Barty and Dolly.

 

I was shaking like a leaf whilst sat in there but felt soooooo good when he said he was going to refuse the stay!!!

I shall just be waiting for the cheque now, as no longer bank with Lloyds....strange that!!! :)

 

My claim was for 1070.00.

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Hiya, well done you! I'm scared now, want someone to hold my hand if mine gets to court on 7th Sept! (And if it's not 7th and gets re-allocated to fast track I'll definitely want company!) You must have done a brilliant job. Really pleased the judge sided with you, and hope that's an end to it. SC&M still don't seem to be on the ball really, even though with the stay's they are getting they must have so much more time on their hands (LOL!).

 

I've just got to wait a bit longer, judge hasn't seen my objection yet, poss know by next weds, so I'm just chilling over it (yeah right!).

 

Well done you - good work!

 

x

Fzrkitten

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Congratulations!

 

There is hope for us late stagers yet.

13th Nov 2006 - Preliminary Letter delivered to branch

30th Nov 2006 - LBA - deliverered to branch

30th Nov 2006 - Standard 'we are looking into this letter'

15th Dec 2006 - SAR delivered to branch to demand six years statements (currently pursuing 5 years)

19th Dec 2006 -750 Pounds offered as settlement. Accepted as PART settlement 20th Dec 2006.

Filed with MCOL online - Notice of issue from 17th Jan 2007.

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Hi fzrkitten,

 

Hopefully it wont get to court for you. I shall keep my fingers crossed it doesnt. If it does go to court I would have come along for moral support but unfortunately its my O/Hs parents 50th wedding anniversary party that day.

Has no-one else on here offered to go along with you, I know others on here have had people from here go with them. I,m sure people would not like to see you going on your own.

I was glad my O/H was there with me today. Even though he didnt contribute in the room it was just reassuring him being there. But as I said in my earlier post even the guy from SC&M was nice and didnt try to intimidate me at all.

 

I really hope your case comes to a good end result for you soon too. I will keep an eye on your thread for updates.

Keep positive :D x

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Congratulations Ollie, well done!

 

I was trawling through some threads looking for some inspiration, as i have a court date in September, when i came across yours and it cheered me up.

 

I particularly liked the line where the judge commented on your "immaculate bundle" have you got any advice on how i could prepare one of these 'cos i'm having a nightmare!

 

Thanks and well done!

 

PS i have tried to put a link to my thread below, if it helps, dont know if it will work though, never done one before.

 

http://http://www.consumeractiongroup.co.uk/forum/lloyds-bank/92426-help-needed-allocation-questionnaire.html

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Hi travelplug.

 

Thanks. Yes it was a good feeling when the court Judge said that in front of a solicitor about my bundle - worth all the hours I put into it.

 

r.e. bundle - I got most of the stuff I needed from this forum under the 'Sticky' posted by GaryH - "GOT A COURT DATE? Important Please Read" (sorry I'm not sure how to add those links in either, if someone can do this maybe they can add it on for travelplug or advise me how do it ta)

If you PM me I will pick it up at work tomorrow (as got all my stuff saved on PC at work) and if you wish I can email you a list of contents that I had in my bundle. Obviously some of it will have to be altered so its relevant to your case but hopefully it should help you out and give you a few pointers. Also I just sat on here when I could and read, read and read again to get it all in my head and get all the right paperwork together. Also a few people have helped me out on my thread (GaryH, fzrkitten, christinajanep, katesage, barty, suzyq, nicsussex, hope I got everyone!!) so have a read through their threads as they may have stuff on there that can help. Or just ask when on your thread and people are more than willing to help or guide you.

 

It was bloody hard work to get it all together and felt like screaming many a time but worth it in the end.

 

Good luck and PM me for info if you need it. :D

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Hi Ollie,

 

I have PMed you, hopefully it will work as i have never sent one before, let me know please if you dont get it.

 

Thanks for the advice i will carry on looking thru this site and in particular the threads you mentioned.

 

Once again, thanks.

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Hi Fzrkitten.

 

No have not had anything through post yet. I presume I will get a letter from the court showing details of what the Judge ruled last Friday. But post still coming through in dribs and drabs, (not sure if postal strikes still on)

Judge gave LLoyds/SC&M 14 to put in an appeal (what they would appeal to I'm not sure as Stay was refused and Defence struck out!!???) or they have till 31st Aug to cough up! Haven't got an account with Lloyds now so money wont be pinging in there.

So yet another waiting game!!!

Will keep you posted.

 

Cheers

x

:D

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Ollie,

 

Fantastic result - very well done. :)

 

I've PM'd you.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Oxford is one of the more robust courts, they take no nonsense from the banks. That order is good news.

 

They could file another way, but I have never heard of SCM filing a skeleton or indeed any other (post defence) document at all.

 

You should get the defence struck out tomorrow, should be a short hearing.

 

However, things are a bit more uncertain due to this stay business, in the event they do turn up be prepared to argue your case and the stay position:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/641-case-guidance-notes-going.html

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/637-case-guidance-notes-bringing.html

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

Hi

not at court til OCT. as yet don't no if LLoyds have asked for stay (but that looks like the way things are going at the moment ) could I takr the stay letter with me - or would i have to wait till stay was ordered at hearing.

many thanks for any info. (tipped scales ):p

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Just been reading through your thread, ahead of my/our prelim hearing tomorrow/today.

 

Well done to you. It gives the rest of us hope too. I just hope that my hubby can stand up to it all in court! He's pooping his pants! lol.

 

And well done on the 'immacualte' court bundle! I've been getting mine (x3) together over the past 2 weeks or so, and it is a bit of a nightmare to be honest! So I hope it's all worth it.

 

Congrats again, hope you get your cheque soon!:)

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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Thanks Bev77.

 

Yes the bundle was hard work and time consuming but well worth it. I didn't have a clue what I was doing when I first starting getting it together but went through the stickys/threads on here advising what to include, so this site was certainly a godsend to me.

I was the last case of 5 to go in that day and by the look of the claimants faces when they came out they got their cases stayed so was dreading it. But the Judge was fine and luckily it went my way.

 

How did your prelim hearing go yesterday. Hope you and hubby both Ok in court. I see you posted early in the morning....hope you weren't up worrying!

:D

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