Got a court date for lloyds ** WON**

[karen654321]

Hiya all. Been helping my brother trying to reclaim charges back from lloyds. Started the online claim and when we got the defence realised there wasnt sufficient info on the poc.

Sent in an ammendment to the claim and the fee which was recieved at southend court on 8/6/07.

Have been waiting for a copy to be sent back to me so i can sent it to the lloyds solicitors which i read is what happens on this site.

It hasnt been recieved

We got a notice that the judge ordered a stay until the 27 june 2007.

Still heard nothing back about the amendmant. So he phoned and was told that it probably is in the back log not to worry it will be dealt with.

 

Yesterday got a letter from the court i cant scan it but will type it out

 

General Form Of Judgement or order

 

Before district judge dudley sitting at southend county court.

Upon Reading the Application of the Claimant and of the Courts own initiative.

It is Ordered That

1 the stay be lifted

2 hearing be heard before district judge dudley on 27 july 2007 at 3.30pm with a time estimate of 10 minutes

 

I dont know if this is regarding the ammendment or if this is actually the court case where a decision will be made regarding the charges.

 

It doesnt say anything about sending in a bundle so i dont really know what to do.

 

Any help will be very much appreciated

 

thanks

 

karen

[karen654321]

Sorry forgot to add hes worried what questions might be asked of him if anyone has got any ideas. Been reading through some of them and got the general idea..

karen

[karen654321]

Help!!!!!!!!!!!!!!!!!!!

[broke dave]

Best advice that I can offer is to ring or visit the Court to clarify the situation. Thay are generally very helpful. In the words of Dads' Army- "Don't Panic!"

[karen654321]

Thanks dave. Will do in the morning. I couldnt find any info on what a general form of judgement or order was.

Thanks for your help though

karen

[broke dave]

Sorry I can't help any further. This is one I haven't come across; but someone here will have. Advice still the same - speak to the Court and ask for explanation.

Make sure you let us know the answer.

 

Good luck.

 

BD.

[nicsussex]

I couldnt find any info on what a general form of judgement or order was.

 

It is just 'court speak' for telling you what the judhe has decided needs to be done

[karen654321]

Thanks but would this be the final court date or do you think its regarding the amendment? It doesnt mention a court bundle or evidence. looking through most peoples states when the paper works got to be in by but this doesnt.

 

help!!!!!

[karen654321]

also 10 minutes doesnt seem to be very long or is it about right?

[christinajanep]

it sounds like to me that its a "directions" hearing where the judge decides what route to take,

my best advice to u would be to call teh court and get them to clarify what its all about and do u need to prepare anything for the day, they are really helpful

[karen654321]

hiya, yes court said it is to see what route to take.

 

We have had a letter yesterday from lloyds solicitors sechiari clark and mitchell stating the following

 

We act for lloyds tsb bank plc

 

We have been passed a copy of the proceedings that you have issued against our client in southend county court. The bank will be defending these proceedings on the following grounds.

 

1. The fees that you seek are properly incorporated into your contract with the banks and

2. By making payments (whether by cheque, debit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft, which the bank may meet or decline. If it meets your request, you must pay the neccessary charges. The issue of penalites only arises as a matter of law, where there has been a breach of contract, and there is not breach of contract here.

 

Looking ahead, a situation which gives rise to a dispute is not one the bank wishes to continue. In view of this, you are requested, please, to make contact withing the next 14 days with your local lloyds tsb branch manager, on 0845 3 000 000 to review your account. A review may bu useful to consider whether your current banking arrangements are the most appropriate for your needs.

 

we await confirmation from the bank that this action has been taken

 

yours faithfully

 

 

 

I dont know whether we should phone or not. We have the directions hearing next month. It sounds like to me they may be going to close the account.

 

any help would be appreciated.

Also do i need to send a copy of this letter to the court?

 

thanks

 

karen

[corsicanpine]

Hi

 

I received the same letter yesterday, as well as a date for directions hearing.

 

I need advice too, see my thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/74007-corsicanpine-ltsb.html

[karen654321]

Hiya, Thanks for that corsicanpine. Did you respond to the letter? Goint to check your thread now.

thanks

karen

[karen654321]

bump

[karen654321]

Does anyone know if we should contact them regarding above letter? #

 

thanks

 

karen

[BARTY]

Hi

Personally I wouldn't. If you make an appointment with your local branch, they won't have a clue that you are even claiming back your charges. It's a waste of time.

Good luck!

Barty:)

[karen654321]

thanks for that barty. It wont go against us though. I wondered if it does get to court and they state they have tried to come to an agreement but we failed to contact them.

 

What do you think?

 

karen

[GuidoT]

I agree with Barty, they only understand one thing - litigation and not conversation.

 

If you are concerned about matters going against you, then respond saying that you are keen to avoid continuing with the litigation and if they wish to resolve the matter then please make an offer to settle the matter - they are likely to ignore that.

 

For a different purpose I wrote a letter, you could cobble something loosely along these lines if you like:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-4.html#post596080

[skellychoc_555]

Hi I also had a similar letter, my court was June 27th, I couldn't attend because of work, looked on here that evening to see that 450 cases were heard at Southend that day and the general concensus of opinion seemed to be it wasn't and an order to attend and therefore not necessary to. Phew I thought, but it also said for those that did attend Judge Dudley awarded them £100. So thought that was my lot. Was not at home until Saturday and found letter from SCM dated 27th paying claim in full. So I would suggest give the court a ring, but hopefully they will settle before. Hope it goes o.k. for you

[karen654321]

Hiya thanks skellychoc.

 

We had the same previous letter i think saying that judge dudley would review cases on the 27th june but before this date we had this next letter giving us a directions hearing for next month.

 

Its really nice to know its not a personal letter though just a standard one.

 

thanks a lot oh and by the way congratulations.

 

karen

[karen654321]

Hiya, My brother today phoned sc&m and asked about the standard letter that was sent to him asking him to contact the local lloyds manager.He told them that lloyds didnt know anything about it although he hadnt actually contacted lloyds.

 

sc&m have told him that an offer would now be sent out 1st class and should be with him by wednesday.

 

So i would suggest that any one that gets this standard letter not to bother ringing lloyds but to ring sc&m direct.

 

will keep you posted on offer. I presume it will be for full amount.

 

thanks

karen

[karen654321]

Hiya just to let you know brother had full offer in the post and has now received money. so really pleased.

 

would be grateful if someone could let me know if there is a standard letter to send to the court to let them know or do we just write telling them whats happened.

 

also if i could have the title changed to won that would be great.

 

thanks

 

karen

[Kazzie]

Hi karen, congratulations to you and your brother

 

Letter to send to court here

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

[karen654321]

Thanks for that Kazzie.

[broke dave]

Congratulations to both of you.