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Sianie012 v Lloyds TSB


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My case is curently stayed until 27th June, after speaking with the man at Southend County Court this is the same date as most people in the district.

 

My story so far:

 

02/02/07 Received copies of statements

03/02/07 Wrote to Lloyds asking that they refund the charges

15/02/07 Receive usual fob off letter from Lloyds

16/02/07 Wrote threatening court action

16/03/07 My Claim was issued through MCOL

27/03/07 Lloyds acknowledged

11/04/07 Lloyds filed a defence caliming vague and embarressing

23/04/07 Case transferred to Southend County Court

26/04/07 Received an order of stay until 27th June 2007.

23/05/07 Filed a request for an amendment at Southend County Court.

 

At the moment I am just waiting to hear from the court if my application for an amendment has been successful, I decided to amend my claim as the original was too vague and didn't particularise my claim well enough.

 

Fingers Crossed :rolleyes:

 

I will keep you all up to date.

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That is an odd letter / order, can you post up the exact wording please.

 

Dear Sir/ Madam

 

Re: Sianie012 v Lloyds TSB Bank Plc

 

I write with reference to the above action, your application was placed before the District Judge who has commented as follows:-

 

"No - The Claim is stayed no steps will be taken."

 

Yours Faithfully

 

Listing Section

 

I would be very grateful if anyone has any advice. I am really concerned as when I submitted my original claim, my particulars were embarressingly brief! I don't want the judge to just throw it out and that is why I wanted to change the particulars.

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I am confused.

 

What does this letter relate to, did you request removal of the stay and or amendments your claim?

 

When you amended your claim did you complete form N244 and send the £35 fee?

 

It is unusual for a judge not to allow an amendments to POC, in particulars at this early stage. Maybe the judge want to wait until after the stay to amend on the basis that it may settle.

 

Can you post up the stay order too please.

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Hi GuidoT,

 

I had requested an amendment to my POC, I completed form N244 and attached new particulars as well as the spreadsheets breaking down the charges. I took these down to the court and paid my £35. The original letter stated :

 

Before District Judge Dudley sitting at Southend County Court, Tylers House, Tylers Avenue. etc.

 

Upon reading the court file and the court's own initiative

 

IT IS ORDERED THAT the claim stayed until 27 June 2007. To be referred to District Judge Dudley in paperwork on 27 June 2007.

 

After speaking with the clerks at the court it seems that the same date has been given to most people involved in reclaiming bank charges, in South Essex. Do you know why this is???

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That is a pointless stay, it does not even tell you the reason. I would issue your amendment papers again once the stay has expired explaining to the court that you do not understand why your amendment has been refused.

 

You now seem to know what you are doing, but in any event see this link relating to amending:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-ltsb-defence-claim-too.html

 

Unfortunately you are just going to have to be patient.

 

Then give the court a call a few weeks after the 27 June 2007.

If I have been helpful please click on my star and add a comment.

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Hi Sianie

 

I spoke to Basildon County Court the other day concerning a claim I'm putting in for my mother (against Abbey). I was told that the claim would be transferred, along with all bank charge claims received in south Essex,to Southend County Court.

 

This, apparently, is the way the region has decided to cope with the current flood of claims that are likely to be settled before a hearing. Court staff are setting a court date some time ahead so there is ample time for the banks to settle in most, if not all, cases.

 

I was told my mother's hearing date was likely to be in July.

 

So don't worry. Nothing to worry about.

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Thanks to irishrose and GuidoT. I appreciate your advice as all the courts seem to have their own way of dealing with these cases. I will just wait and see what happens and apply for an amendment to my POC's after the 27th.

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The reason for this transfer and stay is for an Allocation Hearing. This type of hearing is explained on a separate thread, but in brief, it's the court lumping together a bunch of of cases in an attempt to draw the banks in to present evidence. Typically the banks have been settling before Allocation Hearings, but it's still something you need to prepare to show up for. My case is with Dudley on the 27th June as well, so if you don't have your money, I'll see you there.

Anybody who is appearing that day can PM me about meeting up before the date.

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  • 2 weeks later...

Thanks for your advice.

 

Can you please let me know what I should prepare for the hearing??

 

I have just returned from holiday and was hoping there would be an offer letter waiting for me, no such luck!!

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Hello

 

I have been claiming against Barclays and I have had exactly the same notice from the court re the claim being stayed until the 27th June.

 

Can I just clarify that I understand this correctly as reading this thread people seem to be preparing themselves to turn up at court on that date.

 

I understood it to mean that Judge Dudley is going to review all the paperwork on that day and then court dates will be issued - is this correct?

 

So I don't need to submit anything or turn up on that date?

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Can someone please clarify the above?

 

Do I need to turn up for this court date, the judge is only allocating 5 minutes for each case so doesn't seem that there is much I could do??:?

 

Bump

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I have spoken with Southend Court and the lady advised me that there is no need to turn up on the 27th as it isn't a hearing. The cases are being referred to District Juge Dudley and he will make a decision of what steps to take. More waiting I suppose!!

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To everyone who is due to appear at Southend for their allocation hearing on the 27th June, here is the advice that we were just given by Southend Court which is direct confliction with what Sianie is saying:

"We would NEVER advise anyone NOT to turn up at court for an Allocation Hearing. If you do decide to come, please make sure that you bring ALL relevent paperwork with you"

I would also advise anyone who is still unsure to refer to the cases won a couple of weeks ago at the Mercantile Court in London,

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/98632-bbc-news-report-london.htmlwhere Lloyds told people that they could just go home, even though each case was still heard. The judge then awarded people who had stayed for the hearing costs of £100.00 for their wasted time.

Just for the record, we will DEFINITELY be there and we have all of our paperwork ready, including additional costs and I would advise to anyone who is also due there on Wednesday to be COMPLETELY prepared and to turn up, even if the money is in your bank the same morning.

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Thanks for that youbiggirlsblouse. I am a bit confused as it doesn't state in my letter that it is an allocation hearing and states that it is being referred. Does your letter say it will be an allocation hearing??

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If the letter / order you are referring to is as post 7 above, that is not a hearing and there is no requirement for you to turn up at court on the 27th.

If I have been helpful please click on my star and add a comment.

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Update.

 

My case was referred to the judge today as with many others. I rang this afternoon to ask what had been decided (I am very impatient). The lady said it would be impossible to search through the 400+ cases to find mine and I would have to wait until mid to end of July. I am really disappointed I thought I would have heard much sooner.

 

Also I really want to amend my POC's and have already been turned down once, when the claim was stayed. Does anyone think it will be worth paying another £35 to apply to change them again???

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HI Sianie,

We went to the Court today,

unfortunately due to circumstances beyond our control we were late for the hearing and, after a long wait, we were told that our case had been struck out because Lloyds didn't turn up to defend the case and we weren't there to put our argument across.

So, conceivably any cases where both parties didn't turn up were just struck out.

 

As per my post above, it is of the utmost importance that people do not ignore these Case Management/Allocation Hearings and do attend them - the advice given above by senior members of the forum is misleading and irresponsible given that every court has different ways of treating these.

 

What is also infuriating is that Lloyds DID have solicitors in the Court waiting room but they were only settling with 2 out of the 7-10 cases heard each half hour. They simply didn't bother to defend the remaining cases.

So, as far as their strategy goes, it's like trying to unravel a ball while wearing boxing gloves.

 

With regard to our case, we have now had to pay an additional £65.00 for a private hearing with the judge and Lloyds (if they turn up), but the date is yet to be decided.

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Sorry to hear that youbiggirlsblouse. What did your letter say, did it state that it was a hearing as mine didn't and I was told by the court that i didn't have to appear??? At the moment it doesn't seem to be going to well!!

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