Stretch vs Lloyds

[stretch3336]

Hi everyone first post in Lloyds threads.

SC&M acknowledged my claim on 09/05/07, claim issued on 02/05/07 still not heard anything.

Do they have 28 days from the issue date to enter a defence, as i have heard nothing from Lloyds or the courts. With Bank holidays 28 days is up at the start of June, do SC&M usually leave it this late.

Also what is the best time to enter judment, and if i do this is it then up to the judge to decide who wins

Any help much appreciated.

Stretch

[broke dave]

They have 28 calender days from issue to enter defence. They always leave it to the last minute (sometimes even later)

Wait for the 28 days (+3 or 4) then come back to us for advice.

[nicsussex]

Hi everyone first post in Lloyds threads.

SC&M acknowledged my claim on 09/05/07, claim issued on 02/05/07 still not heard anything.

Do they have 28 days from the issue date to enter a defence, as i have heard nothing from Lloyds or the courts. With Bank holidays 28 days is up at the start of June, do SC&M usually leave it this late.

Also what is the best time to enter judment, and if i do this is it then up to the judge to decide who wins

Any help much appreciated.

Stretch

 

Was your claim filed online or at local court?

[stretch3336]

Filed on MCOL

[sempei]

Hiya Stretch, in response to your question.... Yes, Scm do leave it until the last minute and the courts give them extra time to comply (extra week in my case) They also do this at the AQ stage, they were also given an extra week and still managed not to file, my Judgement was filed at the 8th day... still waiting for a letter from the court as they ' are a bit behind' if you file a judgement and SCM do not file you win by default. I was told this by the clerk at the court.

[nicsussex]

if you file a judgement and SCM do not file you win by default. I was told this by the clerk at the court.

 

Please have a good read around this forum before taking the judgement by default route

[stretch3336]

Had my defence today last minute as i expected.

This is the defence i received.

 

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

 

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

 

3. The particulars of claim do not comply with Rule 16.4 (a) of the civil procedure rules (stylised particulare do not constitute compliance) as (amongst other things) they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £849.86 is arrived at and the particulars of claim are too vague. The statement of claim shows no reasonable grounds for bringing the claim.

 

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

 

5. The Defendant should then be given the opportunity to defend the proceedings further.

 

As i used the money saving expert poc i can understand the part about no account number, but i sent a schedual of charges to mcol and sc&m, the account No was on these.

 

Also the case has been transfered to Birmingham County Court although i live in the Borough of Walsall, Does anybody think this is because i live on the border with Birmingham and have a Brum postcode, can I ask for it to be transfered to Walsall as this is closer to me.

 

Can an Admin or moderator change my thread title to stretch vs Lloyds please.

 

Any help on this lot

 

Stretch:?

[stretch3336]

Was on my original thread but nobody seems to want to answer me.

 

Had my defence today last minute as i expected.

This is the defence i received.

 

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

 

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

 

3. The particulars of claim do not comply with Rule 16.4 (a) of the civil procedure rules (stylised particulare do not constitute compliance) as (amongst other things) they do not identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £849.86 is arrived at and the particulars of claim are too vague. The statement of claim shows no reasonable grounds for bringing the claim.

 

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

 

5. The Defendant should then be given the opportunity to defend the proceedings further.

 

As i used the money saving expert poc i can understand the part about no account number, but i sent a schedual of charges to mcol and sc&m, the account No was on these.

 

Also the case has been transfered to Birmingham County Court although i live in the Borough of Walsall, Does anybody think this is because i live on the border with Birmingham and have a Brum postcode, can I ask for it to be transfered to Walsall as this is closer to me.

 

 

Any help on this lot

 

Stretch:confused:

[jshtr3]

Hi, Thought I'd answer on this thread as it's best to stick to one. I have no idea if you can change court, sorry. See this link re the defence http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

[stretch3336]

Bump

[stretch3336]

Can anybody else help on this defence, and also about transferring to my local court.

 

Stretch:(

[stretch3336]

****BUMP****

[nicsussex]

Sounds like you need to inform the of the account number in question and senf them a further schedule of charges. Are you claiming CI?

[stretch3336]

No just the 8%, do you think i need to pay to amend the claim.

 

I say this because the account no is clearly displayed on the schedual of charges.

 

I think they are just stalling.

 

Stretch

[stretch3336]

Spoke to the courts this morning asking if i needed to amend my claim.

 

I was told that it had been reviewed by the judge yesterday, and i would be told what to do next in the next couple of weeks.

 

Has anyone got any advice on what to do next, should i just go ahead and amend it anyway, or wait to see what the judge comes back with.

 

I don't really want to wait to hear in a couple of weeks that it has been struck out.

 

Stretch:!:

[stretch3336]

Quick update

 

Spoke to SC&M after i had spoken to the court this morning, asking why they had put a defence in, saying that I need to amend because i had not identified each charge, although I had sent a schedual of charges to them.

 

They then went on to ask me if I had received any contact by letter from them or Lloyds, i said i had not,then the nice chappie i was speaking to put me on hold and came back to me, to tell me that Lloyds had agreed to pay me back in full and this would be in my account by the middle of the month.

 

Do i need to send them a letter starting "ref phone call etc"

 

Stretch:lol:

[jshtr3]

I would say yes to that one! Don't count your chickens though, they have been known to mess people around. Congratulations by the way