Power01564 v Lloyds TSB

[power01564]

I have 2 money claim applications going through at the moment, one for my sole trader business account and one for my personal account, both total £13500.

 

They have completly ignored the claim on the personal account so i have started judgement against them, but the business account i have had a email from there solicitors requesting all the charge details again and saying they would like to resolve this asap, just wondered if any body else has had a letter from there solicitors?

 

Mathew Bullock

[nicsussex]

Are the solicitors Martineau Johnson?

[power01564]

No company called Foot Anstey in devon

[podgydad]

I'd be wary of this as I was under the impression that Lloyds had their own legal firm called SC&M. I've not heard of them using email to communicate before.

[power01564]

They wrote to me first and i responded via letter and email, which they then replied via email.

 

Checked them out at Foot Anstey Solicitors - providing top legal advice & lawyer services in the UK

[nicsussex]

Foot Anstey have been brought in to handle the business claims along with Martineau Johnson whils SC&M struggle with the personal claims.

 

In answer to your question of course you should respond to them - why do they not have a schedule of your charges already? Presumably you sent them a copy?

 

What stage is your claim at - have they issued a defence?

[power01564]

Yes the charges list has been sent four times (each with the first two letters then with the court papers). I emailed it again to the solicitors.

 

They have only acknowledged the business claim on line at the moment and have ignored the personal claim, which they have to tommorow to reply to.

[nicsussex]

You will probably find that SC&M are dealing with the personal claim and they are very often late at meeting deadlines

[bobcatman]

hi al im having same thing, foot anstay have taken my case over and [problem] never sent paperwork to them, chek my other thread to see how its going been to court once just waiting for paperwork

[power01564]

Hi all, just want somebody to confirm something for me before i get all excited, been going through the normal procedure with lloyds and had got to them putting a defence in for the court, well they were 1 day past the 28day rule for entereing there defence so using the mcol system i set automatic judgment, which i have recived a letter from the court today saying it has been entered against the defendant on the 29th may 07, there is no way they can appeal this is there? becuase they were late?

[jshtr3]

Unfortunately they can apply for a stay or set aside. Have a look at this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13.

[GuidoT]

Which address did you use for Lloyds? It should have been the registered office at Gresham Street.

[power01564]

i was told to use my local branch to write to first, as if it goes to court it would be a local court used

[GuidoT]

Who told you this nonsense.

 

You should have read these (you will find details of your options here):

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html

[power01564]

sorry forgot to say this is a business account

[power01564]

'Usually a court will agree to a stay/set aside judgment if the defendant can show that they did not receive any court papers and therefore were not aware of the court case.'

I think i may have missed out a couple of vital points here, they had acknowledged the court summons and had entered a defence, but have not bothered to enter the paper work for the defence untill after the 28 days rule.

[GuidoT]

Yes I think something went amiss.

 

Anyway back on track, the one day makes no difference, the defence will be admitted by the court.

 

Read this for your next stage:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

Have you sent you schedule of charges to the court and solicitors?

[power01564]

'Hi, need to find out what happens next, have done all the normal stuff and lloyds had entered an ackowledgment to the summons i did via mcol on the 26/4/07. Went back to mcol on the 30/5 and still no defence was entered by the bank so clicked on enter judgment and today recieved letter from court saying judgment has been entered. do i just sit and wait now?'

[jshtr3]

Hi you need to have a read of this http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13. It's possible they will apply for a stay or to set aside judgemet.

[power01564]

Hi, just recived this this morning re 'notice of allocation to the small claims track (hearing).

The hearing of the claim is to take place 12 1400 on friday 29th june 2007 bham county court with judge cooke. now this is the first i have heard about this so have not put together a court bundle yet. They are saying i have to send evidence docutments to them 21 days before the hearing , which is odd considereing it's in 7 days. can you help?

[GaryH]

You said you had 3 claims, yes? Which is the hearing for?

 

You need to get a bundle uptogether as soon as possible.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

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

 

Please PM me your e-mail address and a contact number.

[power01564]

Hi, i had 2 claims running, one for the business (£10600) and one for the personal (£2100). They settled the business one this week.

[nicsussex]

They settled the business one this week.

 

Excellent news well done

[power01564]

thanks for that, i have not posted the success story yet, as signed the dreaded letter from there solicitos saying it was confidential blah blah blah, was going to give it a week

[nicsussex]

Would be good to hear about another win against LTSB - a nice sum as well