Dingle v Lloyds TSB **WON IN COURT Post OFT**

[Dingle]

Hiya, I`ve just Received a letter from the County Court and am baffled as to what it means. It says as follows:

 

Before MR RECORDER DOBBIN SITTING AT Sunderland County Court

 

Upon Considering the Claimants Allocation questionnaire

 

IT IS ORDERED THAT

 

The defendant must file an allocation questionnaire by 22 June 2007 and in default their defence and counterclaim, if any, will be struck out and the claimant will be at liberty to enter judgement forthwith.

 

Does this mean that the Judge has struck the claim out and ordered that the bank pay me my money?

 

This has been going on for 5 months now and I was ready to throw in the towel. I`ve sent a letter to Lloyds solicitors requesting that we settle out of court but had no reply so I paid my court costs and of I went. Just awaiting a trial hearing date.

[GaryH]

My order recieved today says "any party affected by this order may under Rule 3.3 (5) appy to have it set aside, varied or stayed blah blah within 14 days. Should I apply for one of these or send an order to sop the defendant putting one in?

Thats the standard wording on all orders made of the courts own motion - ignore it.

 

Hiya, I`ve just Received a letter from the County Court and am baffled as to what it means. It says as follows:

 

Before MR RECORDER DOBBIN SITTING AT Sunderland County Court

 

Upon Considering the Claimants Allocation questionnaire

 

IT IS ORDERED THAT

 

The defendant must file an allocation questionnaire by 22 June 2007 and in default their defence and counterclaim, if any, will be struck out and the claimant will be at liberty to enter judgement forthwith.

 

Does this mean that the Judge has struck the claim out and ordered that the bank pay me my money?

 

This has been going on for 5 months now and I was ready to throw in the towel. I`ve sent a letter to Lloyds solicitors requesting that we settle out of court but had no reply so I paid my court costs and of I went. Just awaiting a trial hearing date.

It means if the bank don't file an AQ by 22nd June then you've won.

 

Have you got a thread?

[Dingle]

Hiya Gary H, Sorry i don`t have a thread, i don`t know how to create one. I`m new to this. Do banks normally put their AQ in by the allocated date asking for a stay? This has been going on long enough.

[GaryH]

Here you go - you've got one now!

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/98892-dingle-lloyds-tsb.html

 

This is normal for Lloyds. They'll probably file an AQ by the date then you'll receive further instructions from the court.

 

Don't panic, your nearly at the end now. They can't drag it on much longer.

[Dingle]

Ok so the day has finally come. Received a letter from the court stating my hearing will be taking place at 1400hrs on the 6th September. Never been to court in my life. Does anyone have any idea what I should be doing next. Do I need to take all Docs along with me, including statements and letters?

Any Help will be much appreciated. It`s been going on since january.

[GaryH]

I've moved your above post from the AQ thread to here. Please stick to this one in future. Thanks.

 

What you need to do depends on what the court have directed you to do.

 

Please type up the order in full and we'll be able to tell you exactly what you need.

[Dingle]

Gary here is the letter in full that i have rec`d from the court.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

1. The parties must file at the court and serve on the other party not later than 14 days before the hearing the following:

 

a) copies of all documents upon which they wish to rely

b) statements of all witnesses, including the parties, upon whose evidence you wish to rely,

The statements shall be typed, dated and signed by the witness and stating he/she believes that the facts stated in the witness statement are true.

 

2. All original Documents must be brought to the hearing.

 

3. Parties should note that if they do not file and serve documents and statements as set out above then the court may decide not to admit the evidence of the party in default.

 

NOTES FOR GUIDANCE ON BACK TO BACK LISTING

 

This case has been listed in the back to back list where two or more District Judges deal with a single list of cases for completion on that day. Hearings will be shared between two or more District Judges Presiding over the list on the day. This case is therfore listed to commence at the same time as a number of other cases. The court cannot guarantee taht the hearing of this matter will begin at the time stated in this notice and you may have to wait some time. It does however reamin important to attend on time. If the case is called and you are not there an order may be made in your absence. The case may also be released to another judge, possibly sitting at a different court.

 

It is essential that you inform the court if you are unavailable to attend. If you are not available you may have to attend court to make an application to have the case adjourned.

 

If your case settles before the hearing date or if there is any change to the estimated length of the hearing please contact the court immediatelyto enable the time to be used.

 

Sorry if i`ve put a bit too much in there, but better safe than sorry eh?

[Dingle]

My Post is looking a bit lonely lately. Has anyone got any idea what my next step should be, should Lloyds actually take it to the court date. Any information would be greatly appreciated.

[GaryH]

Hi.

 

Please add brief claim details to this thread, and PM me with an e-mail address.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates.html

 

Thanks.

[Dingle]

Hiya GaryH. Brief Outline of case as follows?

 

Basically i`m claiming £1409.89 Bank Charges, I`ve added the statutory 8% interest per annum from the date I was deprived of the money. Totalling £1891.67, plus £120 Money Claim Online fee, and accruing an interest rate of 0.021% until judgement or payment.

 

So the total amount is £2011.67.

 

Appreciate your time in Assisting me with this matter. I`m new to this and am totally useless.

[GaryH]

I actually meant this thread (follow the link) -

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates.html

 

Also, pm me your e-mail address and I'll send you what you need for your court bundle.

 

(Click on my name then click "send PM")

[Dingle]

OK I`ve finally got round to preparing my witness statement. I would like to Thank GaryH for the Court Bundle, Does anyone know what parts I should be sending to the court and [problem]? This is very Baffling for me as i`m a bit Docile in these cases. The witness statement is asking to refer to exhibits. I`ve got at the top of the court bundle exhibits starting xxx1 through to xxx24. What should I be changing the x`s too and should I be sending these in aswell. Do I need to Follow the links and print those out aswell and take them with me to the court how many copies do I need to print out.

 

Any help would be much appreciated. Has anyone actually won a case before it went to court or has anybody been to court and have to stand up and speak. This is becoming a bit worrying for me as I feel i`m very under prepared.

[who]

Hi Dingle, I'm just as green as you but what I have found out from this site is read the Court Bundle info again and again. The Mods on the site may of sent you an e-mail, read it and yes you are likely to print off 300 + pages. You will need 3 copys of everthing, one for you, one for the court and one to be sent to SC&M. Lot of guys win before there court date,and some go to court and will have to speak to the judge, but they all win in the end. I've been told the Judges are human, so prepair your defence, you might not need it, but at least you will have all the answers he'll ask you if it go's all the way. All the best, Paul.

[Dingle]

Just rec`d a letter today, 5 days before the court date, from Lloyds Solicitors [problem] requesting a stay. I understand that if they get granted a stay then the court case won`t go ahead till 2008. Is this correct? Anybody have any such letters from [problem] and have the stay rejected. I`m not gonna comply with the stay as it has been going on long enough, hopefully the judge will see that.

 

[Dingle]

Ok, it`s all over. Had my court hearing at 1400 Hrs today, As i thought [problem] didn`t even bother to turn up, but I did receive a letter from them this morning saying that have requested a stay. Too little too late, The judge who resided over the case, Might I say, she was a lovely Lady, Saw through this and struck out the defence and request, then asked me how much I was claiming for, I told her it was £2011.67, to which She replied, "OK, congratulations you have your judgement forthwith" I went o reception and was told to get an N323 request for warrant of execution, In other words,send the bailiffs in. How glad I was. Still no idea of what to do next, I`ve brought the form home and unaware of my next step. I think I should receive something in the post from the court. But what should i do with this enforcement of judgement form. How long am i looking to receive my money from Lloyds TSB?

[TBeckett100]

well done Dingle! Its a shame that Reading is a bit too near to Brighton as they will evidently turn up tomorrow

[nicsussex]

Excellent news - well done on your win!

[freakyleaky]

Brilliant news! congratulations on a well deserved win! I would have thought that they would have a certain ammount of time to pay tou before you send in the baliffs but just check with the court.

[BARTY]

Congratulations!!:D

Barty:)

[remus]

Way to go dingle, hope the rest goes OK:)

[Dingle]

Thanks to everyone for the comments. It was such a relief to get the judgment. It`s not quite over yet, the N323 form is a waste of time, i spoke to solicitors for the company I work for and they said the bailiffs can`t take money from the branch as it`s the customers money and they can`t take computer systems due to Data Protection Act. I phoned [problem] and spoke to a gentleman who was really helpful, he told me that as soon as they receive the letter from the court, they`ll liaise with the bank then pay my money straight into my account. Way to go.

[GaryH]

Excellent result, well done Dingle!!!

[Dingle]

I also asked the gentleman at [problem] if they are going to appeal against the decision, he replied that they don`t generally appeal if there is judgement forthwith. Just sitting waiting for my money now. Has anyone won Lloyds TSB and have to wait an age for the money?

[Dingle]

What a result. Thank you very much Mr. Lloyds TSB. Just had my money paid into my account.

[remus]

What a result. Thank you very much Mr. Lloyds TSB. Just had my money paid into my account.

congratulations:) A Lot of people will be happy to hear your news dingle:D