stetford1 v Lloyds Tsb

[stetford1]

Lloyds TSB have defended my claim against them. The case has now been transferred to my local Court. Not sure what the next stage is of the process can anybody advise? Also how long is it likely to take before I know if I have been successful or not? It was transferred 3 weeks ago.

[bennyowen]

You should have received an allocation questionnaire. I understand some courts are doing away with allocation questionnaire. If you have not got one, call your local court to know the position of things.

 

Read step by step guide in the library.

[bennyowen]

Allocation Questionnaire:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[stetford1]

Thanks for reply - have not received Allocation Questionnaire. When I rang the Court 3 weeks ago when I found out it had ben transferred to my local Court, I was told that they are dealing with thousands of these claims. I still wonder how long this will take as could do with the money!!!! Any clues?

Can it simply get thrown out at this stage or will I actually get an audience with a District judge?

[saintly_1]

It all depends on your court and how busy they are , also you may not get an Allocations Questionaire as many courts are dispencing with them

[bennyowen]

Of course you will get an audience with the Judge. The problem is the bank would not want the audience with the Judge. This is why they will settle before court - few days before court date.

[stetford1]

So I just have to sit tight and wait for it to be either thrown out by a District Judge or given a hearing date. At hearing date stage are the Bank likely to back down or take it all the way? I feel a little bit windy with this as it is Lloyds TSB and they have got 2 through already and appear to be riding high on it!!!!:-|

Any way I can push it by ringing the Court - this has been going on since February holiday season is vastly upon us and could do with the money:confused:

[MARTIN3030]

Hi Stretford welcome to the site.

I have moved your thread here.

Keep it updated and feel free to ask for further help. A good idea too to read some other threads here.

As pointed out already it looks like you may get your case listed at a bulk hearing just sit tight and await further directions from the Court,remembering to lodge any papers that they request from you in good time.

[stetford1]

Thanks for reply. If I lodge any futher papers as requested by Court, am I going to have to pay a further Court fee? Hope not as this thing has already cost £120 and don't feel confident!!!!!

You mention being part of a 'bulk hearing' - still confused about this:!: Does this mean that it will automatically get thrown out or is each claim treated on its merits:confused:

Feel a pain and crawling with anxiety but just desperate to get this thing sorted so I can get a life:lol:

[stetford1]

Forgot to mention earlier my case has been transferred to Salford County Court in Manchester area. Has anybody dealt with Salford yet? What was the response? Hope you got a pay out!!!!! Did you actually get to Court or were things settled on last minute? My claim is for £1,986 - what are my chances - honestly?

Getting impatient now - I know - but scared of losing and could do with money sooner than later as going on 'jollies' in September!!!!

[Michael Browne]

You should phone Salford to check whether the AQ fee is payable. Since dispensing with the AQ some courts still charge the fee, some don't.

[stetford1]

Should the Court not advise me of this? If I have to pay how much do you think it is likely to be?

[Michael Browne]

Should the Court not advise me of this?

Not automatically, if the fee is payable and you don't pay it, your claim could be struck out. Phone to check. Fee is £100

[stetford1]

Grateful for the tip - will ring Salford on Monday:)

[stetford1]

Question on interest - I did not add interest onto my PoC - is it too late to do this? If not at what stage do I do it? If so at what stage should I have done it?

 

Why would my claim be struck out if I had not paid fee as mentioned in above response from Michael? Forgot to add this to my response back to him!!!!

[Michael Browne]

I did not add interest onto my PoC - is it too late to do this? If not at what stage do I do it? If so at what stage should I have done it?

 

Only by amending your claim (£35 fee - unreclaimable)

 

Why would my claim be struck out if I had not paid fee as mentioned in above response from Michael?

Could not would, but this has happened at least once with the claimant having to make an application to have this set aside

[stetford1]

Thanks again Michael.

How do I amend claim if I completed on line with MCOL and it has been transferred to local Court? Interst adds up to just short of £300 so worth doing for sake of £35:)

[Michael Browne]

By filing N244 at your loacl court. See here for guidance:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

[broke dave]

On the question of an Allocation Fee - how much is your claim for? My Notice to Pay Fee says that, "as you claim is over £1500 then an allocation fee of £100 is still payable."

My guess is that your claim is less than this so no fee payable. That is the reason you have not heard anything.

[stetford1]

Something else new ..... What is a Notice to Pay Fee? I did not receive one of these and my claim is for £1,938. I got a Transfer of Proceedings notification with the Allocations Questionnaire bit scored out and words along the lines of unless the Judge sitting decides otherwise. I have heard nothing since receiving the aforementioned Notification and that was some 3-4 weeks ago now.

Getting scared with all the new things that I am either reading about or learning about via this website:eek: HELP!!!!!!!

I have decided not to pay the £35 to amend my claim for interest purposes as well as possibly having to pay £100 Allocation fee, as this will be another £135 on top of the £120 I have already paid out (MCOL) with no guarantee of a win - may sound silly bit going on jollies soon and every penny counts!!!!

[Michael Browne]

The fee is for Allocation, not for the questionnaire, and therefore in theory is still payable. But since dispensing with the AQ, some courts do not require payment, some do. Just phone the court to clarify. Court staff are generally very helpful.

[stetford1]

Gotcha - will ring Court tomolrrow and ask if Allocation fee is due. What will the next stage of the 'GAME' be do you think?

 

I have clicked on your scales as you have been so helpful. I think I have gone into a bit of a tiz with all of this!!!! I need grounding!!!!:o

Thanks again for being so patient:)

[broke dave]

Mmmmmm. Carry on being patient I'm afraid. On the plus side this is your opportunity to help others on the site. Remember how you felt when all this started - didn't know what to do. Step by step it became easier - get out there and tell everyone about it.

With regards to your claim and the AQ fee - was your original claim below £1500 (i.e without the interest)? This may be why you haven't had a notice to pay fee.

I would agree with above - speak to the Court; they are helpful.

[stetford1]

Michael Browne - Phoned Court today really helpful - told me that my claim had gone before Judge on 13.06.07 and as there are so many allow another 5 days by which time I should either receive some sort of hearing date not sure which or an Allocations Questionnaire. At last things feels like they are moving:) Thanks again

 

Broke Dave - My claim is for £1968 but above reply to Michael Browne answers the Allocations Questionnaire mystery for me now:-D

[stetford1]

Getting ahead of myself now - on a roll - hope they don't knock me over!!!!! Anyway, is there a check list of things I could be getting together for thenext stage(s)?