Lloyds court dates

[Jackeroo]

I'm a bit worried now. I know I'm in the right - but crap!, I'm no lawyer

 

If one turns up, hope I don't act to stupid

[juicyd]

Pantheman and Digger - CONGRATULATIONS!!! very very well done. another to add to the tally of successes including mine, since the test case was announced

[JSS]

Hi everyone, good luck to those who are due in court soon and well done to those who still got money.

I have a bit of a dilemma. 2 weeks ago I sent off my bundle to the court and to SCM. Have heard nothing from either since then. My case is on Sept 7th at Slough County Court. I have been on holiday and only came back yesterday. I have seen a template of a witness statement on the site.

Obviously I have passed the 14 day cut off date for document presentation.

Have I messed up? I have all the other documents that have been recommended.

Has anyone else had a case at Slough recently? How did it go?

What should I read, if anything into the silence from the court and SCM?

Any help would be appreciated. Thanks

[TBeckett100]

JSS I am in Reading Court next Fri as well. SCM have no update from Lloyds as to defend or not in court and the clock is ticking. they missed their bundle deadline,

 

i suspect they will (pardon the pun) bank on getting a Stay out of the hearing rather than look empty handed. you need to go in armed with reasons why they shouldnt stay, i.e. they forced you to take court action as they never replied, they havent sent a statement in and will turn up in court empty handed on the off chance of stay. if you can show them up (not in a smug way) it should go well for you.

[pantheman]

JSS. I am no expert but I am sure that if either party (you or Lloyds TSB) do not carry out the instructions of the court order, such as file certain items, documents etc by the time scale set out in the order. The court will find against the party who failed to abide by the instructions of the order.

Make sure you do everthing you are supposed to do and turn up at court, tell the other side nothing until you get into the court, do not agree to a stay, and make sure you can prove that your documents were sent with recorded delivery & proof of delivery paperwork etc. If you are pretty sure the other side have not filed papers or whatever on time tell the judge when you get chance to speak. I won on this basis, see my post above, hope it helps, good luck.

[TBeckett100]

JSS i am assuming you have received a letter from SCM like i did tonight asking the judge again for a stay. the arguments are long winded (i didnt read it, just hunted for the cheque ) now i am livid and fear my request will take 5 days to get to the judge whilst the court agrees to the solicitors

[pupil]

Hi Pantheman. Congratulations on your success. I think you did brilliantly! You must feel great winning against the 'big boys' especially when they were represented by an arrogant bully who is obviously not used to losing. It is a pity that you were unable to let the judge know the unprofessional remarks made against him. I also fail to see how the barrister thought that that was going to help his case/intimidation!

[JSS]

Due at Slough County Court on 7th Sept.

Just received a letter from SCM this morning. The gist is that they have written to the court asking for a stay (they have enclosed a copy of the letter to the court). Included are the details of the impending OFT case.

 

The last 2 paragraphs read

"We are sending a copy of this letter to the claimmant and will be seeking his/her agremeent to the stay . In view of the very short time before the designated hearing ( a result of recent developments) it may not have been possible to obtain that. Unless the court grants a stay of its own motion before the hearing date (which we respectfully request), our client intends to be represented by counsel who will be able to assist the court in any way they can.

Bearing in mind the impending hearing date, we would be most grateful if you could communicate the courts response to us.

 

Some questions:

Is the court going to let me know whether there is going to be a stay?

If I hear nothing do I go to court anyway on the off chance that there will be a case or to be told that a stay has been granted?

Is it just a bluff by SCM that if the case goes ahead they will be represented? Given that they know as much as me as to whether there will or won't be a stay given the short time scale available will they even have enough time to arrange one?

This is the only communication I have had from SCM since they sent me the standard defence in June. I have no idea whether they have sent the court their bundle. They haven't sent me anything.

I cannot contact the court as their number seems to be unobtainable. So it is just a case of turning up and a case of wait and see.

This uncertainty is a little unsettling.

Any advice or similar experiences would be appreciated.

Thanks

JSS

[JGJ]

JSS, SC@M do not decide when you go to court or if you have a stay, if you have your court date you MUST attend with ALL of your documents ready for the hearing, do not allow them access to your files/documents at the court, they have been turning up to apply for a stay at courts and not prepared for hearing and have been treat accordingly by most D.Js.Remember when you go to court YOU must be fully prepared for the HEARING. IF you receive notification from the court of a stay before the hearing date, you must look at the many postings for the appropriate action,eg, Take a letter to the court objecting to stay(no fee) or look at the thread STAYS info and guidance. Remember SC@M do not represent YOU!!! ;)

[Jackeroo]

Hi guys

 

I want to make sure I put in everything spot on, that has been set out in the Witness statement which is linked at the beginning of the Thread.

 

Point 50 of the witness statement goes:-

 

"50. The Competition Commission Report

 

Northern Ireland Competition Commission report from October 2006 [exhibit ***] revealed that figures contributed by eight banks, including the Defendant, Abbey Plc, showed that around 12% of the banks...."

I've looked in the advance bundle but can't seem to find a link to this report. Does anyone know where I can find this and post a link to it please?

Also

I'm having trouble finding Charges leaflet in the Lloyds TSB section of the T&C's library which is needed for , point 12 of the witness statement (the Contract terms section)

vi) From the Defendant’s current published Charges leaflet [exhibit ***] which forms part of the Terms of the Account;

“If you go overdrawn without agreeing this with us we Charge a higher rate of interest for unauthorised borrowing …We will also Charge you a fee for any unauthorised borrowing….

 

If anybody knows where this is, would also be really grateful, pretty much have everything else printed and ready to submit as a bundle and would really like to be a thorough and get every exhibit in

 

thanks in advance:)

[GaryH]

JSS, SC@M do not decide when you go to court or if you have a stay, if you have your court date you MUST attend with ALL of your documents ready for the hearing, do not allow them access to your files/documents at the court, they have been turning up to apply for a stay at courts and not prepared for hearing and have been treat accordingly by most D.Js.Remember when you go to court YOU must be fully prepared for the HEARING. IF you receive notification from the court of a stay before the hearing date, you must look at the many postings for the appropriate action,eg, Take a letter to the court objecting to stay(no fee) or look at the thread STAYS info and guidance. Remember SC@M do not represent YOU!!! ;)

Indeed.

Hi guys

 

I want to make sure I put in everything spot on, that has been set out in the Witness statement which is linked at the beginning of the Thread.

 

Point 50 of the witness statement goes:-

 

"50. The Competition Commission Report

 

Northern Ireland Competition Commission report from October 2006 [exhibit ***] revealed that figures contributed by eight banks, including the Defendant, Abbey Plc, showed that around 12% of the banks...."

 

I've looked in the advance bundle but can't seem to find a link to this report. Does anyone know where I can find this and post a link to it please?

 

Also

 

I'm having trouble finding Charges leaflet in the Lloyds TSB section of the T&C's library which is needed for , point 12 of the witness statement (the Contract terms section)

 

vi) From the Defendant’s current published Charges leaflet [exhibit ***] which forms part of the Terms of the Account;

“If you go overdrawn without agreeing this with us we Charge a higher rate of interest for unauthorised borrowing …We will also Charge you a fee for any unauthorised borrowing….

 

If anybody knows where this is, would also be really grateful, pretty much have everything else printed and ready to submit as a bundle and would really like to be a thorough and get every exhibit in

 

thanks in advance:)

It is actually in the advanced bundle, as exhibit xxx18. Here it is again though -

http://www.competition-commission.org.uk/inquiries/ref2005/banking/prov_find_app_4-6.pdf

http://www.competition-commission.org.uk/inquiries/ref2005/banking/prov_find_app_4-10.pdf

 

For the charges leaflet just print off the current tariff from Lloyds website.

[Jackeroo]

Great - Thanks Gary,

 

Actually printed this document out but couldn't spot the reference to Northern Ireland - i'm going a bit goggle eyed now

 

cheers - Jack

[GaryH]

No probs - good luck.

[JSS]

7TH SEPT @ SLOUGH COUNTY COURT 2PM

All documents to be presented to the other party and the court 14 days prior, ie the 24th August. Nothing from SC@M before other than their standard defence.

On Saturday I received a letter from SC@M (dated Aug 30th) saying that they had asked the court for a stay. I have just sent a letter this morning to the court asking for the court to refuse the stay, as I believe it contravenes Article 6.1 of the European Convention of Human Rights.

Anyway the document bundles from both parties were due in on the 24th August. Was their letter asking for a stay technically a breach of the time limit? If so then would my letter to the court also be a breach of the time limit? Even with the mitigating circumstances?

If the court does not accept my letter then I will just have to try and argue the points in court.

[Pen]

One of my son's received his letter from court today he was hoping it would be a date for the hearing but it was a stay until march 2008, TSB will love that.

[besERCer]

I have a hearing date for 12th September at Stratford Upon Avon court. I understand the count will be staying the hearing despite a request from LloydsTSB. LTSB say they will be sending their counsel to attend the hearing. Can you help please? BesERCer

[TBeckett100]

If you read the line where it says they will send some, they also mention that will do all they can to assist the court. i will ask whether this applies to filing documents into the court and accepting the initial judges decision to let the case proceed.