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I have a court date 20th August.


Sally1
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I have just recieved a date to go to court over my bank charges.

I'm a disabled pensioner and have got to admit i'm scared to death. I've never been in a court in my life.

Can anyone help me please.I need help to prepare in case it goes all the way.

 

Regards

Sally1

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Hi Sally

 

Please please do not be worrried about going to court. In most cases the Bank do not take it that far.

Like Dutchess said can you post a little more informamtion and Ill be able to advise you. can you tell me:

 

1. Which bank

2. How much is the claim

3. Have you received any orders from the court

4. Where are you based

 

Like I said dont worry, we all thought we would be the "one" who the banks would win against and this has not been the case. It a frightening thought when you have never been iside a court room, but believe me you are more likely to get a settlement before the 20th August!!

 

If you are unsure about posting the answers on here then feel free to PM me. You can do this by clicking on my name then selecting private message when the page loads

 

Mrsfoot xx

  • Haha 1

 

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Hi thanks for your reply. My bank is Lloyds TSB. I sent letters to them to ask them to refund bank charges totaling £827. They refused and would not reconsider their decision. I then applied to the court to get my money back and the court coresponded with the bank who are now defending their actions. I got a letter today from the court giving me a court date when the hearing will take place (20th August). I have been asked to appear at court with documentation as evidence and to copy this evidence and send the copies both to the defendent (Lloyds TSB) and to the court before 6th August. I am not sure what i need to do please could you advise me?

 

Regards

Sally

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I have been asked to appear at court with documentation as evidence and to copy this evidence and send the copies both to the defendent (Lloyds TSB) and to the court before 6th August

See here:

Court Bundle

Basic Court Bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

 

Court Bundle - Make Sure You Read This

GOT A COURT DATE? Important, please read......

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Hi sally

 

we are going to court too!! I will be rooting for you but cannot offer any advice except good luck. I am scared to go to court also, i will be looking at your replies as i need the advice too.

 

regards

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Hi thanks for your reply. My bank is Lloyds TSB. I sent letters to them to ask them to refund bank charges totaling £827. They refused and would not reconsider their decision. I then applied to the court to get my money back and the court coresponded with the bank who are now defending their actions. I got a letter today from the court giving me a court date when the hearing will take place (20th August). I have been asked to appear at court with documentation as evidence and to copy this evidence and send the copies both to the defendent (Lloyds TSB) and to the court before 6th August. I am not sure what i need to do please could you advise me?

 

Regards

Sally

 

Hi Sally and thanks for the info.

 

Ok the evidene they are asking for is all the correspondance between the 2 parties and the spreadsheet with the figures on that you have already sent to the bank.

When you put it all together this is called a court bundle. If you read the port before there is a link to the court bundle. This is a skeleton one for you to add your information to. You then need to make 3 copies of the info, 1 for you, 1 for Court and 1 for Bank and ensure you send this in on time and by recorded delivery so you have proof of it arriving!

In the bundle you will see the cases you have used in your particulars of claim, read them and understand how they apply to your case.

 

This post along with Michael's should give you all you need to complete a full bundle

Please now post in the LLoyds / TSB forum (see link at my signature) and keep your thread updated. You will get lots of support from the other claimants on that forum, some of whom have already claimed and will give you moral support.

 

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Hello Sally,

 

I had a court date for the 14th August, but they have just sent an offer for the full amount(£1545).

 

So I would not be too worried the likley hood they will settle before.

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Hi All.

Thankyou so very much for all your help.I feel more confident now, i would have caved in if you all hadn't been so kind & taken the time to write to me. It makes all the difference when you know what to do & you know others care.

I do hope Darren has a favorable outcome. Good luck to him

 

Sally1

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  • 1 month later...

Hi All

Again i need some advice please. I have just received a letter from the solicitors of Lloyds TSB, they have written to the court to ask for a stay (postpone the claim). They say the reason for this is that Lloyds TSB wants to finalise talks with the OFT about bank charges before they deal with my case. In the letter they ask that i write to them and the court to say if i agree to the "stay" or not. My court date is on the 20th August which is in 1 week.

 

Many Thanks

Sally

:?

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Hi Sally

It is up to the Court not Lloyds if a Stay is granted or not, have a read of this link:

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

Good luck, let us know how you get on.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi Sally,

 

You do not have to agree to the stay and can raise any objections to their proposal. They have left it a little late applying for a stay given that your court date is so soon and you would already have filed your bundle. Check to see if Lloyds have filed their bundle if not it may be worth asking for the defence to be struck out for non compliance of court order. They should comply with orders until a stay has been ordered by a court.

 

All the best

 

Zoot

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Hi Barty & zootscoot,

Thankyou for your replies.

Today i recieved a letter from the court to say the hearing listed has been vacated.It says either parties can apply for a lift of stay specifying why the claim should not await the test case.

I'm a registered disabled OAP recieving disability living allowance & my pension,which is guaranteed. Do i qualify to ask to lift the stay ?

Best regards

Sally1

 

P.S. How do i check if the bank has submitted their bundle to the court ?

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You can certainly apply. You should also be exempt from paying the fee so you have nothing to lose from applying. Make sure you include your personal details in your application which support a claim for hardship. I have just updated the link above with details of a recent claim which is going back to court on Thursday.

 

Best wishes

 

Zoot

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