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I've Won Today!!!!!!


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Have done it! Lloyds failed to file their Allocation Questionnaire - Judgment came through on Wednesday and they paid everything up today into one of my bank accounts - £3578.14

And even better they have agreed to a repayment plan on my overdraft so get to keep the majority of the money

This may just have saved our business and our personal bankruptcy - at least for another couple of months

Power to the People - And thanks to everyone on this site who keep you going! I know the legal system pretty well but when its personal you doubt yourself and this site has been brilliant for reassuring me.

Thank you again and to the rest of you still going - keep your heads up, be positive and you will get there!

Won £3800 from Lloyds!

Issued one letter

Issued court proceedings

Defence entered by Lloyds

Entered my Allocation Questionnaire

Unless Order from District Judge

Lloyds failed to comply

Entered Request for Judgment

Judgment Entered

2 days later money in bank!!!

:D

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Absolutely superb news fightinghard, well done! I quite understand what you mean about doubting yourself even when you know the principles well. Really chuffed for you.

 

You mention Lloyds did not file their AQ - was that significant? As far as I know they didn't in my case either, so if I can make any mileage out of it I will!

 

Well done again :D

 

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Delighted for you, hope that this win saves your business and stops the bankrupcy. They seem to have paid up speedily. They received my acceptance Monday and I still haven't got the money on the account yet:( :(

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Hi Pward

Thanks

Yes the non filing of the allocation questionnaire was significant. I filed mine on time and then phoned the court to check whether they had filed theirs - they hadnt. The District Judge then made an order giving them another 14 days (which I was cheesed off at!) to pay or their defence would be struck out. I rang after the 14 days - they hadnt so I sent in my request for judgment and the judgment came a few days later.

If they have failed to comply - ring the court and ask if it can be put before the judge for an "Unless Order" i.e., unless they comply defence struck out.

Won £3800 from Lloyds!

Issued one letter

Issued court proceedings

Defence entered by Lloyds

Entered my Allocation Questionnaire

Unless Order from District Judge

Lloyds failed to comply

Entered Request for Judgment

Judgment Entered

2 days later money in bank!!!

:D

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Wow, thanks fightinghard.

 

I wish I'd known that a few weeks back! The problem is I have is that I have a preliminary hearing in less than 14 days so I'm wondering whether I've missed the boat on that one. Might fax the Court Monday morning and try anyway, unless anyone can see a downside to doing so?

 

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Pward

Did the Judge order that they file their allocation questionnaire when they put in their defence?

What is the preliminary hearing for? Am thinking you can get plenty of mileage out of their non compliance with court orders when you go to court

Won £3800 from Lloyds!

Issued one letter

Issued court proceedings

Defence entered by Lloyds

Entered my Allocation Questionnaire

Unless Order from District Judge

Lloyds failed to comply

Entered Request for Judgment

Judgment Entered

2 days later money in bank!!!

:D

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Thanks for your input here fightinghard,

 

I'm pretty sure we were both ordered to file AQs although I don't have the paperwork in front of me; I had to file one and I know when I spoke to the Court a few weeks ago to find out what the delay was, the person on the phone said "the Defendant doesn't seem to have returned their AQ".

 

As for the preliminary; this is the Order I received:

 

ORDER

1) There will be a preliminary hearing of this case (and in several others which raise the same or similar issues and involve the same Defendant) at a time and date to be notified to you with this Order.

2) The hearing is intended to give directions for the hearing of some or all these cases in a way which saves time and expense.

3) It is hoped that all parties will attend but if this is not practicable the Court will be pleased to consider the written views of any party provided that these reach the Court by no later than 3 clear days before the hearing.

4) In the event that one or both parties fail (either in person, through a proper representative or in writing) to attend the hearing the Court shall make such order as it sees fit including striking out the Claim and/or Defence, as the case may be.

5) Notwithstanding the value of any claim and whether it falls to be allocated to the Small Claims Track or otherwise it is the provisional view of the Judge that the costs rules for the Small Claims Track should apply to them all.

6) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of sevice of this Order.

 

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Pward

Sounds like there are going to be loads of you at court at the same time and the judge wants to deal with everyone at once - perhaps contact a moderator on here and see if anyone else is due that day with you?

Won £3800 from Lloyds!

Issued one letter

Issued court proceedings

Defence entered by Lloyds

Entered my Allocation Questionnaire

Unless Order from District Judge

Lloyds failed to comply

Entered Request for Judgment

Judgment Entered

2 days later money in bank!!!

:D

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Fluffykaiser

The solicitors I dealt with were that wonderful, intellgent and clearly qualified lot (not - lol!) Sechiari, Clark & Mitchell, Department SO, PO Box 499, Lower Ground Floor, 1-5 Queens Road Quadrant, Brighton, East Sussex, BN1 3XJ.

However, I do know from a friend that his was being dealt with by another crowd. If you have received a Notice that Acknowledgement of Service has been filed or a Defence - the name and address should be on there

Hope that helps

Won £3800 from Lloyds!

Issued one letter

Issued court proceedings

Defence entered by Lloyds

Entered my Allocation Questionnaire

Unless Order from District Judge

Lloyds failed to comply

Entered Request for Judgment

Judgment Entered

2 days later money in bank!!!

:D

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Hi

 

Yes, there are loads over several dates, see:

 

http://www.consumeractiongroup.co.uk/forum/general/98035-central-london-county-court.html

 

One, who is due in a week before me before the same judge has kindly offered to post how it goes. I was just wondering if I had a bit of "extra" mileage with the AQ. I guess I need to double check with the court that they haven't submitted the AQ since I was last told they hadn't, then fax the Court on Monday at least drawing the judge's attention to Lloyd's failure - all helps paint them in a bad light?

 

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Fantastic news fightinghard, I am thrilled for you, hope it keeps the moneymen at bay for you. Lloyds have till 4pm on file their AQ on my case so fingers crossed they do the same as yours. Keep a little money for yourself and have a good celebratory night out

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