Lloyds court dates

[GaryH]

I know it's too late to tell you this now but you should have just applied the day that you were entitled to, which was 14 days after the 19th of July if they hadn't acknowledged service.

The reason we advise an extra 7 days is that it's highly unlikely that they will not file it eventually. To apply for judgment in most cases is a waste of time - the acknowledgement will come in a few days/weeks later and the courts will always allow it, unfortunately. In fact they have to if the defendant claims not to have received the claim form. Many judgments by default have been successfully set-aside by banks on this basis, then all thats happened is your claim has been delayed by a few months. If you send them a warning letter that you'll apply for JbD in 7 days, then they ignore it, then it gives you good grounds to oppose any subsequant set-aside application.

 

I'm slightly shocked that the court have slapped a stay on before the bank have even acknowledged or defended. As juicy said, I think you should apply straight away, on the usual grounds, but at the top of your part C as para 1 make the point that the bank have not even indicated an intention in response to the claim form yet and are in default of the 14 day deadline.

 

Also, can we keep this thread for court date information only please? I'll move these last couple of posts to McIavelli's thread when I get the chance.

 

Thanks.

[McIavelli]

Sorry GaryH,

Sound advice as always, many thanks for your help . I'll be applying for the stay to be lifted.

 

Best Regards

 

McIavelli

[JON ON THE RON]

Hi

Court date 6th Sept 2007 2pm. court bundell to be delivered by 23rd Aug 07.

[travelplug]

Hi Gary,

 

I have a court date for 14th Sept at Salford County Court and should take no longer than 2 hours. Small Claim Track(Hearing).

 

Directions:

Each party must deliver to other party and court all doc's to be relied upon within 14 days of hearing.

Original doc's must be brought to hearing.

Judge may refuse to consider a doc if not sent to all parties.

The parties have the right to have this order set aside, varied or stayed and must be done within 7 days of service, 23rd june.

 

Have already begun preparing a court bundle but any help and advice would be gratefully received.

 

Thanks.

 

Link to my thread

http://http://www.consumeractiongroup.co.uk/forum/lloyds-bank/92426-help-needed-allocation-questionnaire.html

[reclaimone]

Court Bundle sent 15/08.

[beiges38]

Hi

 

there is an update about our court hearing due on Wednesday 22nd on my thread!!

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/109246-very-worried-very-confused.html#post1087408

[mickj2904]

Hearing is scheduled for 22/8 have today received a letter from SC&M dated 13/8 stating they have written to the court asking for a stay. They have also requested I confirm in writing to both them and the court whether or not I agree to the stay. I'll let you know whether the court grants the stay

I did send them the hurry up letter last week as they had not sent their defence to myself nor the court. Is there a lettter to use in reply to their request for a stay?

 

 

Hi People

 

I genuinely feel that there needs to be a reality check and a bit of honest feedback. Putting it bluntly until Jan 08 you have a very minute chance but more than likely not a cat in hell's chance of getting any decision other than a stay. I've heard about so called Maverick courts etc etc the facts are that they are more than likely untrue and I'm a bit disappointed that CAG haven't said what I'm going to say. I went before the North Shields Judge and was told its not a certaintythat the stay will be accepted. In total honesty its total rubbish, no matter what you hear they Stay will be accepted and Courts I believe have been told to ensure a Stay is the decision made. Lets be honest I went and had all the " Judge will make a decision on the day" of course he will because to say otherwise is making a decision without hearing the evidence. I went in and said LlloydsTsb had failed to meet the directions, the judge said you are correct, I said then what are they defending? They have put no bundle in to refer to. Of course they didn't need to because they quoted some case as precidence and the Judge did a great job of looking as if he was pondering but basically said the only decision is to wait until the Jan outcome. A friend went in and pleaded poverty and hardship he had an eviction order on his property he said the Judge pondered and said " I think we need to wait until the Jan outcome" another friend said he also had a hardship situation and Barclays had not put in their bundle he said "The judge pondered and said I think the Stay has to be accepted and we need to wait for the test case" CAN YOU SEE A PATTERN FORMING HERE? Of course follow the procedure and i would say reject the offer to accept the stay because it means possibly more expense for the banks but people believe me CAG should come on here and state the truth I'll wager £100 to charity that not one person now will beat the Stay and I thought long and hard about posting this but I felt you need to know not to build up your hopes. I hope people see this as a genuine feedback I accept its not what you want to hear but its the truth

[JGJ]

Mick have you read the threads Ollie vs LIoyds, Sarah Apples v Barclays, We all must have hope without it we have nothing!! ;)

[Diggers0]

Don't generalise too much. SC&M applied for a stay for my court date - the Portsmouth County Court referred the request for a stay to a District Judge who declined it. The court hearing is going ahead today (21 August).

 

 

Hi People

 

I genuinely feel that there needs to be a reality check and a bit of honest feedback. Putting it bluntly until Jan 08 you have a very minute chance but more than likely not a cat in hell's chance of getting any decision other than a stay. I've heard about so called Maverick courts etc etc the facts are that they are more than likely untrue and I'm a bit disappointed that CAG haven't said what I'm going to say. I went before the North Shields Judge and was told its not a certaintythat the stay will be accepted. In total honesty its total rubbish, no matter what you hear they Stay will be accepted and Courts I believe have been told to ensure a Stay is the decision made. Lets be honest I went and had all the " Judge will make a decision on the day" of course he will because to say otherwise is making a decision without hearing the evidence. I went in and said LlloydsTsb had failed to meet the directions, the judge said you are correct, I said then what are they defending? They have put no bundle in to refer to. Of course they didn't need to because they quoted some case as precidence and the Judge did a great job of looking as if he was pondering but basically said the only decision is to wait until the Jan outcome. A friend went in and pleaded poverty and hardship he had an eviction order on his property he said the Judge pondered and said " I think we need to wait until the Jan outcome" another friend said he also had a hardship situation and Barclays had not put in their bundle he said "The judge pondered and said I think the Stay has to be accepted and we need to wait for the test case" CAN YOU SEE A PATTERN FORMING HERE? Of course follow the procedure and i would say reject the offer to accept the stay because it means possibly more expense for the banks but people believe me CAG should come on here and state the truth I'll wager £100 to charity that not one person now will beat the Stay and I thought long and hard about posting this but I felt you need to know not to build up your hopes. I hope people see this as a genuine feedback I accept its not what you want to hear but its the truth

[Diggers0]

Please pay the £100 to the NSPCC.

 

Don't generalise too much. SC&M applied for a stay for my court date - the Portsmouth County Court referred the request for a stay to a District Judge who declined it. The court hearing is going ahead today (21 August).

[Diggers0]

Apologies, my previous reply was to the wrong posting.

 

My case (today) - has had the request for a stay declined. Please pay the £100 to NSPCC.

 

Hi People

 

I genuinely feel that there needs to be a reality check and a bit of honest feedback. Putting it bluntly until Jan 08 you have a very minute chance but more than likely not a cat in hell's chance of getting any decision other than a stay. I've heard about so called Maverick courts etc etc the facts are that they are more than likely untrue and I'm a bit disappointed that CAG haven't said what I'm going to say. I went before the North Shields Judge and was told its not a certaintythat the stay will be accepted. In total honesty its total rubbish, no matter what you hear they Stay will be accepted and Courts I believe have been told to ensure a Stay is the decision made. Lets be honest I went and had all the " Judge will make a decision on the day" of course he will because to say otherwise is making a decision without hearing the evidence. I went in and said LlloydsTsb had failed to meet the directions, the judge said you are correct, I said then what are they defending? They have put no bundle in to refer to. Of course they didn't need to because they quoted some case as precidence and the Judge did a great job of looking as if he was pondering but basically said the only decision is to wait until the Jan outcome. A friend went in and pleaded poverty and hardship he had an eviction order on his property he said the Judge pondered and said " I think we need to wait until the Jan outcome" another friend said he also had a hardship situation and Barclays had not put in their bundle he said "The judge pondered and said I think the Stay has to be accepted and we need to wait for the test case" CAN YOU SEE A PATTERN FORMING HERE? Of course follow the procedure and i would say reject the offer to accept the stay because it means possibly more expense for the banks but people believe me CAG should come on here and state the truth I'll wager £100 to charity that not one person now will beat the Stay and I thought long and hard about posting this but I felt you need to know not to build up your hopes. I hope people see this as a genuine feedback I accept its not what you want to hear but its the truth

[mickj2904]

Apologies, my previous reply was to the wrong posting.

 

My case (today) - has had the request for a stay declined. Please pay the £100 to NSPCC.

 

 

So Digger you have been told by the court that the bank has been instructed to pay you your unfair charges. Please email me the court document and I will most certainly put £100 into the NSPCC and email you proof. You see my court said that they would decline the stay until the court case. The court case was heard and the stay executed.

[Anfisa]

Hi,

 

This is my first post to this site.

 

My Claim is for £1768 bank charges + £381.79 interest + the interest that accrues daily & court fees.

 

The hearing will be at Kidderminster County Court on the 12th September and should take no longer than 1 hour.

The court is located on Comberton hill on the same side as the train station. It is on the next road down from Kidderminster train station. The address is 10 Comberton Place Kidderminster, DY10 1QR.

The date our bundle needs to be submitted to all concerned parties isno later than the 29th August.

 

We are prepping tonight and I will be prinitng/ posting tomorrow. We have some good older T&Cs and intend to print some off this site.

 

I am finding it a little tricky to navigate this site in terms of a comprehensive list of what we need to put in our court bundle and exactly where on this site (which thread etc) to find it.

 

Any help would be much appreciated.

 

Also, what of the proportions of cases being settled to cases making it to court and being stayed.

 

Many Thanks.

 

Jody

[GaryH]

Hi People

 

I genuinely feel that there needs to be a reality check and a bit of honest feedback. Putting it bluntly until Jan 08 you have a very minute chance but more than likely not a cat in hell's chance of getting any decision other than a stay. I've heard about so called Maverick courts etc etc the facts are that they are more than likely untrue and I'm a bit disappointed that CAG haven't said what I'm going to say. I went before the North Shields Judge and was told its not a certaintythat the stay will be accepted. In total honesty its total rubbish, no matter what you hear they Stay will be accepted and Courts I believe have been told to ensure a Stay is the decision made. Lets be honest I went and had all the " Judge will make a decision on the day" of course he will because to say otherwise is making a decision without hearing the evidence. I went in and said LlloydsTsb had failed to meet the directions, the judge said you are correct, I said then what are they defending? They have put no bundle in to refer to. Of course they didn't need to because they quoted some case as precidence and the Judge did a great job of looking as if he was pondering but basically said the only decision is to wait until the Jan outcome. A friend went in and pleaded poverty and hardship he had an eviction order on his property he said the Judge pondered and said " I think we need to wait until the Jan outcome" another friend said he also had a hardship situation and Barclays had not put in their bundle he said "The judge pondered and said I think the Stay has to be accepted and we need to wait for the test case" CAN YOU SEE A PATTERN FORMING HERE? Of course follow the procedure and i would say reject the offer to accept the stay because it means possibly more expense for the banks but people believe me CAG should come on here and state the truth I'll wager £100 to charity that not one person now will beat the Stay and I thought long and hard about posting this but I felt you need to know not to build up your hopes. I hope people see this as a genuine feedback I accept its not what you want to hear but its the truth

Mick, sorry - but not only does your post come accross as a tirade, it is also nonsence.

 

Its unfortunate that your hearing went the way it did, and you have my sympathies, but for every case stayed there is another allowed to proceed. In fact just lately I have heard more good news stories than bad, believe it or not. Many courts are staying, many are not. Its down to the individual judge - its most certainly NOT the forgone conclusion that you describe, although of course some of them will have made their minds up one way or another before you walk in.

 

In fact to illustrate that point, have a look at this thread, involving another case at the exact same court, North Shields -

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110863-sarahapples-barclays-16-8-a-2.html?highlight=sarahapples#post1082140

[GaryH]

Anyway, the reason I was posting is to direct you all here -

 

http://www.consumeractiongroup.c o....statement.html

 

The witness statement and bundle stuff is in the templates library now, so I'm unsticking this thread.

[Diggers0]

I went to the court hearing at 1430 today in Portsmouth County Court. District Judge Wilson ruled in my favour, did not stay the case and Lloyds TSB will now pay me all charges, interest and fee.

 

SC&M did try and force a prior settlement even though I wrote declining it. They had already paid the money into my account but with conditions such as a confidentiality clause. The judge ruled in my favour so I'll keep the money but do not have to be bound by SC&M's conditions.

 

I'll post the ruling when I receive it. He did make it sound that most cases less advanced along the process than mine, would be stayed.

 

So Digger you have been told by the court that the bank has been instructed to pay you your unfair charges. Please email me the court document and I will most certainly put £100 into the NSPCC and email you proof. You see my court said that they would decline the stay until the court case. The court case was heard and the stay executed.

[tryingtowin]

HI , this is my 1st post on here...

i have a court date... Nov 2nd. documents to exchange no later than 7th sept.

I am reclaiming...£2500.. and so very scared.

 

I have been on this site since 11am today searching for help as for what i need. think i found most of it. But i dont think i can do this. I dont understand most of it.

I was thinking off typing a letter to [problem] to ask if they would settle before court date.. not sure this would work. i still need things like T&C's.

 

sorry i know am not spose to post this here. but i cant work out how to do it.

thanks all xx

[GaryH]

Here you go -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/111518-lloyds-witness-statement.html

[JGJ]

Are you sure you are as scared as you state????? Do you work for a "BANK"???? How do you Know You should not post here???? ;)

[Rachel*H]

Stratford-upon-Avon County Court on 12th September at 12.00 noon, should take no longer than 20 minutes.

No later than 14 days before the hearing of the claim the claimant must sent to the Court and defendant copies of all the documents that they intend to rely on at the final hearing. They should be in a bundle with each page clearly numbered and the originals should be brought to the hearing.

No later than 14 days before the hearing of the claim the defendant must sent to the Court and defendant copies of all the documents that they intend to rely on at the final hearing. They should be in a bundle with each page clearly numbered and the originals should be brought to the hearing.

No later than 14 days before the hearing the claimant & the defendant must senf to each other copies of the witness statements of all witnesses they intend to rely on at the hearing, and at the same time must comply with the attached note headed 'witness statements in small claims trials'

[Jackeroo]

a) the court - Brentford County Court

b) the date – 17 September 2007 (and they say it should take no longer than 30 mins)

c) the directions – Basically word for word what was issued in the draft order of directions that I attached with my AQ (I copied these directions from the following link on the cag site - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html )

d) the date the bundle has to be submitted – 3rd August

Wish me luck!

[tryingtowin]

Are you sure you are as scared as you state????? Do you work for a "BANK"???? How do you Know You should not post here???? ;)

 

 

? sorry i dont understand your comment.

 

an no i dont work for a bank....:?

[pantheman]

JAB V Lloyds TSB, Northampton County Court, 23rd August.2007. Case won.

 

We arrived for a directions hearing with all our paperwork, we were introduced to Lloyds Barrister, no less.He wanted a stay due to the OFT test case. We disagreed despite being bullied by him.

In court, Lloyds explained why they wanted a stay, I was asked why I disagreed. At this point, I could only think, “Because I don’t want one”.

I referred to the judgment order and confirmed the dates when I had filed my bundle at the court and SCM. I also explained that I had also written to SCM (as per the court order) to resolve the issue but had no reply.

Section 4 of the order said, the defendant was to file and serve a schedule in response to my bundle, by the 8th August. This I didn’t think had been filed. The following two sections said. “If the defendant fails to comply with section 4, the defence will be struck out and the claimant will be entitled to Judgement” and “If the defendant does not comply with section 4, the directions hearing would be vacated.”

I then asked, “As the defendant had not filed and served as ordered in section 4 why we are here?”

The Judge, checked his file and agreed with me

My copy of the judgement order was passed to the other side, who had no record of it.

The Judge then struck out Lloyds defence, but offered a short adjournment to allow the Lloyds representative to take instructions.

As we came out of the court the Lloyds Barrister said to us, and I quote word for word, “Why didn’t you bloody tell me you had that”, referring to the order, and stormed off.

Whilst waiting to go back into court, the Lloyds TSB Barrister told me that SCM had not received my bundle. Without thinking I showed him my proof of special delivery, I should have said nothing and waited for him to bring this up in court. He then said, “You know this judge is under investigation, that’s why there is another man in the court taking notes”.

In court, he said SCM had not received the Judgement order (should of asked for this to be sworn on oath) but he never mentioned the bundle, I produced a letter clearly referring to all details of the order, sent to SCM requesting a resolution. He then quoted various legal passages but in the end, the Judge turned down all his arguments and found in our favour for the full amount plus 8% interest. The he tried to get this get reduced to 6%. The Judge said, “I am sure your clients would charge the Ms **** more than 6%?” Nice one I thought!

When waiting to go into court we overheard two discussions between banks solicitors and claimants, both solicitors said they were applying for stays and one solicitor even took a claimants file off him and read it. Beware do not trust the banks, tell and show them nothing and make sure all your letters etc has ever bit of information you can squeeze into them.

Sorry it a long post but hope it’s useful.

[TBeckett100]

Beckett v Lloyds @ Reading County Court on 7th Sept at 2pm. 10 mins

[JGJ]

PANTHEMAN,

Well done you did very well in court especially against an aggresive arrogant BARRISTER, these people are not HIRED for your benefit, If anyone is feeling opressed by their behaviour in court complain to the D.J. he is there to offer you some protection. Defendent solicitors etc. have no rights to look at your files, under no circumstances allow them access to your paperwork, it is they who are ill prepared for court and it is brilliant to see them struggle in front of the D.J. "WELL DONE":D