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Notice of Allocation to the Small Claims Track (Hearing)


mrfrinight
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Hiya all,

 

I have tried searching this forum for the above topic to which there are a couple. Once I read further there are some differences so I wonder if anybody could help me?

 

Below is a copy of the text I recieved in my latest letter.

 

"DISTRICT JUDGE _______ has considered the statements of case & allocation questionnaires filed & allocated the claim to the small claims track.

 

Following making an order of courts own initiative

 

This order is made by the court of it's own initiative. Any party affected by this order may apply pursuant to CPR 3.3(5) to have set aside, varied or stayed. Any such application should be made by application notice in accordance with CPR23 & must be made not more than 7 days after the date on which this order is served.

 

By 9th July 2007 the defendant must file & serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime & exhibiting all relevent documents justifying it; and, if they are discrectionary, the decision to apply the charges the subject of this claim to the claimant.

 

In default of compliance by the defendant the defence is struck out on 10th July 2007 & the claimant may apply for judgment,

 

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

 

Date: 14the June 2007"

 

-------------------------------------------------------------

I have seen other threads with the same heading but they have got a court date.

 

Could anyone please enlighten me as to what this means?

 

Thanks in advance.

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At a quick glance this looks absolutelt BRILLIANT. Lloyds have got to justify their charges - you don't have to do anything.

Hopefully a MOD will pick up on this. If not I will continue to Bump it.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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Excellent. We've seen a few of these lately. Oldham CC by any chance?

 

Just wait for them to either pay up or default. If it gets to the 10th July then fill in a request for judgement and file it at the court along with a wasted costs letter.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hiya all,

 

I have tried searching this forum for the above topic to which there are a couple. Once I read further there are some differences so I wonder if anybody could help me?

 

Below is a copy of the text I recieved in my latest letter.

 

"DISTRICT JUDGE _______ has considered the statements of case & allocation questionnaires filed & allocated the claim to the small claims track.

 

Following making an order of courts own initiative

 

This order is made by the court of it's own initiative. Any party affected by this order may apply pursuant to CPR 3.3(5) to have set aside, varied or stayed. Any such application should be made by application notice in accordance with CPR23 & must be made not more than 7 days after the date on which this order is served.

 

By 9th July 2007 the defendant must file & serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime & exhibiting all relevent documents justifying it; and, if they are discrectionary, the decision to apply the charges the subject of this claim to the claimant.

 

In default of compliance by the defendant the defence is struck out on 10th July 2007 & the claimant may apply for judgment,

 

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

 

Date: 14the June 2007"

 

-------------------------------------------------------------

I have seen other threads with the same heading but they have got a court date.

 

Could anyone please enlighten me as to what this means?

 

Thanks in advance.

 

That's excellent.

Don't take this the wrong way, but I hope it goes to court, would be good to see Lloyds justify their charges.

 

No doubt they'll pay up without it going to court

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Wow !!

 

Great order from the court, obviousley sick of the Banks mucking them about, wating time and just settling !!

 

Lets hope more courts start to do this !!

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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GuidoT & Gary,

 

Look at my post 58 on my thread. At this late stage do you think I could incorporate this Order into my suggestion for a court bundle. Something along the lines of Dear Judge I am going to rely on these pieces of evidence please ask **** to say what they are going to rely on?

If we can get this in front of as many Judges as possible it would save a lot of time and expense for claimants and courts.

broke dave v LTSB WON £3840 2 weeks before court.

Mrs broke dave v Barclays accepted offer £355.

broke dave v LTSB (Business) Prelim stage.

broke dave v LTSB (2nd Claim) LBA stage.

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  • 2 weeks later...

Hiya all,

 

After recieving the letter posted above I have now recieved a letter from SC & M with a request for tfurther info.

 

They want to know:

1 - Each & every individual amount of the charge that you are claiming and are disputing,

 

2 - The date of each and every charge that you say was deducted from your account.

 

3 - How you calculate any interest.

 

4 - How you calculate the sum of £xxxx.xx

 

5 - Confirm your sort code & bank account numbers.

 

They say that LTSB are 'minded to enter into settlement negotiations with you' but they need this info before they can do so.

 

My question is, the judge has indicated that he wants LTSB to send the following:

 

 

By 9th July 2007 the defendant must file & serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime & exhibiting all relevent documents justifying it; and, if they are discrectionary, the decision to apply the charges the subject of this claim to the claimant.

They have until July 9th to send the above info, If i reply to this letter they won't be able to send the correct info in the timescale, could I then apply for judgment; or will the letter I have recieved today be enough for LTSB to get an extension to the deadline of July 9th?

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will follow this thread with great interest

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Sounds like they are claiming not to have received a copy of your schedule of charges - if you haven't sent one then you should do so asap - there is no way that Lloyds will comply with the judges order though - so expect settlement soon - but if they haven't got a schedule of charges they will not be able to.

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Hi, I recieved the exact same letter from LTSB solicitors as MRFRINIGHT asking the very same 5 questions, we gave them exactly what they asked for, to the letter.

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Thanks Nic.

 

Yes, I've received exactly the same letter in the last week. I'm just drafting a reply now, HOPE YOU ALL AGREE, along lines of

- already sent you S of Charges, here's another copy

- interest as per S.69 C Court etc. etc.

- calculated by adding charges, and 8% etc. (SHALL I PUT AMOUNT WHICH IS AMOUNT ON THE DATE I DID MCOL?)

- here's my account details, now just give me my money back (not exactly....).

 

E.

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Thanks Nic.

 

Yes, I've received exactly the same letter in the last week. I'm just drafting a reply now, HOPE YOU ALL AGREE, along lines of

- already sent you S of Charges, here's another copy

- interest as per S.69 C Court etc. etc.

- calculated by adding charges, and 8% etc. (SHALL I PUT AMOUNT WHICH IS AMOUNT ON THE DATE I DID MCOL?)

- here's my account details, now just give me my money back (not exactly....).

 

E.

 

Interesting....

Was thinking...

do we continue to add the days on to our SoC's.....

ours must have another month to add on... or does it stop when we sent out SoC to the bank?

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Generally you do not update your SoC, it must tie in with your PoC. Your PoC should have a daily rate of interest that takes care of any interest that has accrued since the date of filing.

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

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Hiya Peeps,

 

Just a quick question. Having recieved the letter from SC&M regarding more info.

 

I did initially send them all the info they are asking for now, plus LTSB will have all the info as I got most of it from them in the first place! I have since sent them the info again and stated I want a response within 7 days (which gives them until the date the court gave them)

 

My question is, the letter I recieved from the judge stated:

 

 

By 9th July 2007 the defendant must file & serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime & exhibiting all relevent documents justifying it; and, if they are discrectionary, the decision to apply the charges the subject of this claim to the claimant.

 

Now should I not recieve anything by Tuesday/Wednesday could I file for judgment on the basis that LTSB didn't do as the judge asked in the time frame, or does the delaying tactics letter asking for more info give them more time?

 

Any comments would be appreciated.

 

MFN

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MFN

 

In my humble opinion:

 

If as you state, you have already sent the information they are now requesting, and recieved some form of acknowledgement at the time (which I would guess would have just been their standard letter), then It's their lookout, and I think the last bit of the order speaks for itself, and answers your question:

 

"In default of compliance by the defendant the defence is struck out on 10th July 2007 & the claimant may apply for judgment,"

 

If I was yourself, I would perhaps send them the information they are now requesting by a "without prejudice" email, headed as URGENT, remind them they have already recieved it, and had plenty of time to deal wih it.

Then inform them, that if they really are serious about offering an out of court settlement, that they have until the morning of 10th to do so, otherwise you will apply for judgement as the order entitles you to that same afternoon.

This way you have covered all your bases.

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Just thought I would update.

 

I have today hand delivered a letter to my local court with a request for judgement by default.

 

My District Judge ordered:

 

 

 

By 9th July 2007 the defendant must file & serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime & exhibiting all relevent documents justifying it; and, if they are discrectionary, the decision to apply the charges the subject of this claim to the claimant.

Neither LTSB nor S,C & M responded to this other than the standard 'time wasting' letter asking for more information which they already have.

 

I have stated this, and sent a copy to the judge asking for Judgement by default as they didn't respond directly to the court order.

 

Will have to sit tight now and wait.

 

MFN

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