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Father Jack V Lloyds TSB


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Ok let me start by saying what a great site, i've found all of the info very interesting and reassuring.

So far I have applied to the court, paid the fees and got a letter today saying that Lloyds are going to defend all of my claim although it is at the acknowledgement stage at the mo so Lloyds have 14 days to put in a defence.

What I’m looking for is support messages so I don’t feel too despondent and on my own with this and secondly do you think there is anything I can do at the moment or any preparation for the next stage?

Thanks for all you help, FJ

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If Lloyds have said that they are going to defend the claim then they have 28 days from the day it was served on them and not 14.

 

By reading other threads you will probably see that they may well settle the claim before their time is up but in the meantime you may be well advised to make sure that you have got all of your facts correct just in case they do issue a defence.

 

Good luck

PPMAN159

 

If this comment has helped please click on the scales.

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Sorry i'll make myself clear, i ment to say Lloyds have 14 days left 14 have passed since the claim was served.

 

Thanks for the advice, i will double check my statements soon and keep reading!

 

I just wish that as they have not had any intention of going to court that they would settle our cases and stop wasting everyones time, effort and money!

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  • 2 weeks later...

thanks for your messages so far, i've checked all my facts, statements time and time again and am 100% correct.

 

Lloyds tsb have now defended, anyone point me in the right direction for what to do next?

 

I'm waiting for the court to write to me at the mo with more infor, i'm sure alll will become clear when it arrives i've just got so much info buzzing around right now!!!

 

thanks in advance

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Hi

You should shortly receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

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

 

If you don't get an AQ, have a read of this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Good luck, let us know how you get on.

Barty:)

  • Haha 1

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi

You should shortly receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

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

 

If you don't get an AQ, have a read of this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Good luck, let us know how you get on.

Barty:)

 

 

Hey Barty,

 

thanks for the info, sometimes when i read this forum i get a little confused!! I'm hopeing that i receive the forms soon so i can get on with this case and get it over with!!!!!

 

Thanks for the help i'm sure there will be more questions.

 

 

I'll Keep you posted

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  • 2 weeks later...

so, yesterday I received the banks defence, the AQ has been dispenced with but the defence had 5 points to it bacily saying that my claim was to vague.

 

I think i'm going to write to the court with the draft direction of orders, my list of charges and a cover note to explain that all the info is in my claim, i will explain more in detail when the court asks for it, here is another copy of my charges even though i've already sent 2 etc....

 

 

good idea?

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ok, so...

I have sent a letter to the court and SC&M to explain that my defence is adequate and that my account numbers were on the top and that SC&M are try to stall for time. I also included a copy of my charges spreadsheet and draft orders.

I'm not sure what the outcome will be but i think it will either be:

1. Judge decides he/she does need a AQ

2. Judge calls allocation hearing

3. Judge goes for my directions or makes their own.

4. SC&M settle (doubtful)

I must say this is getting scary now, although the general vibe seems to be that they will settle 5 mins before we get in the court room and to be well prepared, pratice arguments etc.

and more words of wisdom you can give me?

All are helpful!!!

FJ

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so today i got a court date with out a AQ or questions about the banks defence, nothing.

 

5th september is the the date, the only thing on the letter is that we have to swap papers at least 14 days before the trial. i was expecting a page of orders or somthing like that.

 

is this normal?

 

I'll be getting on with the court bundle anyway, do you think i should submit it early on or wait untill the last possible moment?

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thanks for the reply, i'll get started on the bundle anyway at least i have 2 months to get it all sorted and knowing me there will be lots of drafts!!

 

I think i'll lie low for a week or 2 then start phoning/writing to [problem] to see if they want to settle. Judging by the other recent cases it won't happen untill 5 mins before the trial but its worth a try!

 

thanks for your help, i'm sure i'll be back for more with the bundle!!

 

FJ

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So I see but the point I was making is that it is unusual for Lloyds to issue a 5 point defence and is something that probably needs adressing

 

 

Hmmm..... got me worried now, thanks for the point out, I'll double check everything. I'll post the 5 point defence here in the morning, if you would like to see it and tell me if they really is any thing to worry about!

 

FJ

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the defence states:

 

1. This defence is served without prejudice to the defendants contentions that the statement of claim is insufficeiently particularised. the defendant reserves the right to plead further to thestatement of claim once they are sufficiently particularised.

 

2. The deffendant will object that the particulars of claim in this action disclose mo resonable cause of action against the defendant and makes no specific allegations against the defendant as to why the fefendant should be lible to the claimant for the amount claimed.

 

3.the partuculars of claim do not comply with rule 16.4 1(a) of the civil pricedure rules (stylised particulars do not constitute compliance) as (amongst other things) they do not fully identify the accounts in question that appears to form the subject matter of these proceedings or indeed show how the sum of £xxx.xx is arrived at and the particulars of claim are too vague. The statement if claim shows no resonable grounds for bringing the claim.

 

4. The claimant should, therefore, be ordered to file and serve an amended claim to set out the full particulars if the bank accounts and the charges he is seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in eash case he alleges it is a disproportionate penalty and thus unfair.

5. the defendant should then be given the opportunity to defent the proceedings further.

 

 

I sent a follow up letter to this stating that that the accounts were identifyed on the top on the claim form and that [problem] were trying to drag this out for as long as possible, with a copy of the charges spreadsheet.

 

next i receive a court date, so i'm thinking if the judge was not happy with my claim he would of asked me to file and amended claim.

 

what do you think?

 

FJ

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  • 1 month later...

Hi,

 

Sorry its been a while I've been really busy with work.

 

Last week i received a letter from SC&M, they are going to settle in full!!!!!

 

Really great news, i sent the letter back a week ago today, still no sign of the cash any idea how long they take?

 

Donation coming to the site soon!

 

Now its capital one's turn......

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CONGRATULATIONS

The money can take a couple of days or a couple of weeks to land in your account, so you'll just have to wait a bit longer but then you should be used to that now!

Good luck with your next claim

:D

  • Haha 1

SAR sent 07/03/07

Statements rec'd 14/04/07 (ish)

Prelim Sent 03/07/07

Prelim rejection rec'd 10/07/07

LBA sent 12/07/07

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CONGRATULATIONS

The money can take a couple of days or a couple of weeks to land in your account, so you'll just have to wait a bit longer but then you should be used to that now!

Good luck with your next claim

 

:D

 

lol titch!

 

I'll wait till monday then call them. the court date is'nt till 5th september so i doubt i'm a priority at to mo.

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