Leeds Mercantile Court Hearing 28th June 2007

[donbracho]

hello all right the date is gettin nearer so am getting it all together just got a few questions

 

1:

we havent received the banks defence from court or heard anything from them or scm as regards the claim should i ring the court and ask for a copy ?

 

2:

i dont know the address of their lawyers is it the same SCM at cardiff or brighton as we have had two letters about moneys owed to LLoyds from this firm at these different addresses who do i send their copy of CMI sheet to ?!

 

3:

As its a directions hearing do we just bring our court bundle including terms and conditions, or add all the stuff that garys thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

includes ?

 

any help would be appreciated

[donbracho]

hey there thanks yet again for the advice calculator panic set in this morning thats all !, i have read your thread zsazsa and it helped a lot too.

 

have been on the blower to court today and they have received a defence and acknowledgement of service from lloyds but couldnt find them so cant send out duplicates lol.

they said to send CMI sheet to lloyds reg address and to SCM.

am just looking for the letter to attach to SCM copy saying... here it is most claims are settled before so come on nudge nudge ! -

i will include schedules of chages too.

I was thinking about bringing everything i could think of cause of how sneaky Lloyds especially can be bearing in mind the two cases that they have "won".

[donbracho]

aaaargh ! hello all have just checked over the schedule of charges fro my partner and have entered 3 amounts twice so the total owed is incorrect its 3209 instead of 3364 !! is it too late to change it or are we gonna get laughed outta court ?

[donbracho]

hey up calculator havent sent cmi sheet inyet just reviewing everything before we do so its not too late ey !

i will revise the CMI and send with the N244 as well just to on the safe side thanks again

[donbracho]

hey up purple silk i think based on what has gone on before you dont need a court bundle cause in essence this is just a directions hearing(?)

.... but then again its best to be prepared fully especailly in light of the berwick case there is an excellent thread here to help http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

[donbracho]

hello all well its getting closer and closer aint it !

have booked the day off work anyway so am in fro the long haul with this one

I went down to the court and asked if i would have to fill an n244 form out and was advised that no the amended schedule of charges and CMI sheet would suffice I filled in question 4 as advised by Calculator (cheers!).

 

I am in the process of getting the bundles together having bought loadsa ink and paper lol, however i reread Gary H excellent thread here

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

where he says if you have a directions hearing no bundle is necesssary just these documents

 

Stuff to take with you;

Allocation hearing Witness Statement

Draft order for directions &

Reason's why they should be ordered

Copy of this order - page 1 & page 2 (to demonstrate that other courts are already routinely ordering those directions in small claims cases)

Statement of evidence (to refer to if necessary)

*Copy of the text of the Lincoln 'abuse' order

*List of settled cases

 

 

*Optional - take if you want to show it to the judge and politely suggest that a similar order may be appropriate in your claim.

 

 

So i am just asking if that along with all correspondence reguarding the claim schedule of charges too would suffice ?

[donbracho]

hey up mate i have read a few peopels threads on this the 26th april one is really helpful in turn:

the judge is very helpful will be looking for the banks to either settle or be prepared to take this all the way, it depends which bank you are dealing with some may just send a represetative ? , last time round loads settled bar one or two some did so on the steps outside court some got cheques that day in the post !

I think if you are ready with your full bundle you dont need to worry really i was debating whether or not to print and copy out all the bundle and then as it appears to be a directions hearing to bring the stuff required to argue for small track etc.

[donbracho]

hey up zsazsa thanks for the info I for one was getting into a bit of a muddle !

I see what you mean about not using the arguements for small claims i thought cause it were a directions hearing all that would be needed plus court bundle cheers again.

[donbracho]

hey up all thanks everyone, i see what you mean about it being in the mercantile court having read that witness statement for the

small track have decided to bring this statement of evidence instead :

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

post 2

I know its probably not necesary but seems to cover all the main points required ?

so far have got

 

all correspondence to LLoyds TSb= DPA request,

their response,

Prelim and LBA their response,

notice of issue from court,

notice of transfer from court to mercantile,

Letter to [problem] saying lets settle stop wasting courts time,

bank statements,

CMI sheet and schedule of charges,

relevant case law,

statement of evidence,

draft order for directions,

TERMS AND CONDITIONS OF ACCOUNT,

list of settled cases,

 

I am missing the acknowledgemnt of service and their defemce as when i rang court they said had lost his but shouldnt be necessary at this hearing ?

[donbracho]

lol just going over the stance now am setting off from rainy rotherham flood town ! oh yeah well roll on 1030 bueno suerte to all

[donbracho]

hey up all just back what a day !

well our case was listed as settled but no cheque had arrived so got to chat to the lloyds rep and we agreed on a stay of 14 days to allow cheque to arrive/clear, i waited till Judge returned so it was down on tape.

A and L sent an email last minute saying with courts permisiion didnt think it necessary to turn up or something ?

jenny will know more methinks.

As for the rest a lot (5ish ?) were given 28 days stays for the bank to find yet again lost schedules of charges and or lost claims in their entirety !

The best was this guy ( i forgot his name so apologies !) who said how can the bank lose my info on one hand then dispute the amount of the claim on the other !

All in all though It has been a pretty straight forward day, bundles werent required really all you need is your court papers, orders etc, CMI sheet and schedules of charges.

The Judge was really straight forward though a bit long winded.

He explained really well I thought thought the FACTUAL points and LEGAL points and how they effect each other.

the barristers there were really helpful too i suppose i would be if i were on 2500 a day !

[donbracho]

oh i remember now,

one lady asked for the stay to be 14 days instead of 28 days cause they were basically taking the michael and the Judge seemed to agree with her but then the LLoyds rep said well we are inundated with these claims you honour as you well know or something and then he changed his mind and said BUT.... like the court is backed up with claims paperwork so are they so its unfortunate but a few files will get mislaid.