Tokyo vs LloydsTSB - deadline for defence passed

[tokyodrifter]

Hi folks,

 

I've been lurking up until now, but have reached a stage where I have a tricky choice to make.

 

Background (textbook case so far):

11/1/07 S.A.R - (Subject Access Request) - no problems, approx £1500 to claim

08/03/07 Prelim - no response

26/3/07 LBA - told to bog off

17/4/07 MCOL issued - Schedule of charges also sent

20/4/07 MCOL deemed served

01/5/07 MCOL Acknowledged by [problem] - Schedule of charges sent to them

 

The 28 day deadline by which to enter a defence fell on 18th May, last Friday, yet I have heard nothing more and MCOL is still showing as 'acknowledged'.

 

I understand I could now ask for judgement in default. Is this the right thing to do? Should I simply click the Judgment>Start link on MCOL?

 

Many thanks for any input!

James

[BARTY]

Hi

I would give them another day or so, then ring MCOL and ask them if they have received anything, then if still nothing, go for the Judgement button.

Good luck, let us know how you get on.

Barty:)

[tokyodrifter]

I can phone them? ::goes to check moneyclaim site::

 

OK, reckon I'll give them a call tomorrow and get the lowdown! Thanks for the suggestion. I'll report back on how it goes.

 

James

[tokyodrifter]

Update:

 

Called MCOL just now who advised that they haven't heard a peep out of Lloyds.

 

I have therefore requested judgment in default. Let's hope it works!

[jonny-ball]

Hi drifter,

 

I'm currently waiting for my MCOL deamed served date to expire in a weeks time, so would be interested to hear the outcome.

 

Good Luck!

 

Jonny Ball

[jshtr3]

Hi Drifter, I'm currently going through the default judgement process and have just filed a warrant. You need to have a look at this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13 if you haven't already. It's also a good idea to send the letter in the link to LTSB. I'm assuming you've heard nothing from their solicitors yet! Good luck.

[tokyodrifter]

Thanks for the link! Now I wonder if I should've written a nice letter instead of requesting judgment... naahh!

 

Also found this thread where a warrant was successful: http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/79697-mistertbone-lloyds-tsb.html

[jshtr3]

Yeah, Seen Mr.Tbones thread and a few others. Still think it's worth sending the letter giving them a week to pay or your getting a warrant. Just gives you ammo if they apply for a set aside or stay. Having said that take further encouragement from this win today;) http://www.consumeractiongroup.co.uk/forum/lloyds-bank/92339-not-acknowledge-claim.html

[jshtr3]

Also forgot to add. Have a look here http://www.consumeractiongroup.co.uk/forum/lloyds-bank/63766-order-judgement-sending-bailiffs.html from about page 5 onwards. Lots of usefull info from HagenUK.

[tokyodrifter]

Great links, thanks! I shall be re-reading them all as I approach these final steps.

[tokyodrifter]

Well, got my 'judgment in default' issued 25th May, and still no word.

 

I'm thinking perhaps I'll check my mail tonight, then send them a letter tomorrow along the lines of:

 

I have now obtained judgment in default, yet would like to give you one last chance to make full payment of £x before I apply for a warrant of execution...etc

 

Yes? No? 8)

[GuidoT]

Yes, but put a deadline on it.

[john brown 1]

Hi Tokyo

 

I got Judgement by default on the 16th, wrote them a nice letter on Friday, sent special delivery £4.50 (highway robbery) Threatening to send the baliffs in !!!!! (get me, all the powers gone to my head, Lol) am now awaiting money. I keep thinking that this has been toooo easy and they are going to say they didnt receive court papers. I have everything crossed. Suggest you write a letter, its a great feeling threatening a BANK !!!!

[tokyodrifter]

lol, yes I know what you mean JB!

 

I'll do the same. What does anyone think, send to [problem] or to the usual Lloyds registered address?

 

As for a deadline, yes, I'll probably give them 10 days.

[GuidoT]

Scm.

[tokyodrifter]

Thanks Guido. That makes sense since SCM are dealing* with the case.

 

*Although apparently 'dealing' means 'sitting on one's behind doing precious little'

[tokyodrifter]

For anyone who's in a similar situation and is interested, I'm about to send the following special delivery:

 

Sechiari Clark and Mitchell

, etc...

 

Dear Sir,

 

xxx

-v- Lloyds TSB Bank Plc

Claim No: xxx

 

You have not filed a defence for claim number xxx at Northampton County Court, and the time to file a defence has now passed and judgement in default has been issued.

 

I am writing to give you one final opportunity to make full payment of £17xx.xx.

 

If I have not received payment in full by 4pm Wednesday 6th June 2007 I will apply for a warrant of execution.

 

For your convenience I enclose a full schedule of charges which as of the date of judgment 24/5/2007 amounts to £16xx.xx plus £120 court fees totalling £17xx.xx.

 

Yours sincerely etc...

I'll let you know how it goes

[john brown 1]

Good luck,

 

If I was you.... and I'm by no means an expert, having only done the one claim (and still awaiting payout)

but I dont see the harm in sending a copy to the headoffice as well as [problem] ?? for the cost of postage, what harm could it do??

Will keep my fingers crossed for you.

[tokyodrifter]

Today's the final day. I gave them until 4pm today to settle, else it's a warrant.

 

Not the tiniest little squeak out of [problem] or LTSB, so tomorrow it's Warrant time. Can't wait to get this over with so I can go for the wasted costs too. Thoroughly sick of their EDITED behaviour

 

I just realised, [problem]'s office is just 50 metres from my work address! Maybe I should pop down there right now and say hi!

[jshtr3]

While you're there can you see if my cheques been sent yet?

[john brown 1]

Hi

 

Best of luck, I have my fingers crossed. They paid me two days before the deadline to issue the warrant, and they didnt write to me to tell me they were paying. keep checking your balance. All the best.

[tokyodrifter]

Thoroughly sick of their EDITED behaviour

 

No problem with the edit, but I am mildly curious. I wasn't using inappropriate language. Is it because I used a word that suggested their actions were not in keeping with established law? And is that a no-no for libel reasons?

 

I do understand that you like to keep the site 'beyond reproach'

[GuidoT]

Spot on.

[tokyodrifter]

Just phoned Sechiari et al (me = brave), hoping to avoid the necessity of a warrant. After first discussing the situation with a polite chap, I was advised to call back and ask for Mr Jones ("he deals with defaults and warrants...")

 

So I called back and oops, Mr Jones is on annual leave! Fortunately the lady I spoke to was able to decide that I would receive the money in my account by end of next week. Apparently they just received the judgment yesterday

 

So OK, Friday 15th May 2007 it is! Fingers and toes crossed.

[jshtr3]

Fingers and toes crossed.

Just go to the loo:D

Hope you get it soon.