*** Thommo Vs Lloyds - Directions Notice Very Urgent Help / Advice Please

[RichDickster]

Hi There,

 

I attended recently on Friday the 6th July a Management Case Conference at Telford County Court, with the Claimant a good friend of mine. The Defendent Lloyds TSB did not appear at this appearing despite being requested to. The Judge approved ( with some alterations ) to the "aggressive" draft order ( as advised from these forums ) that was sent out and contained with the allocation questionnaire, verbally altering the dates and adding a third paragraph. It was agreed at the hearing that the Claimant would respond by 27th July 2007 , ( Three Weeks later ), and the Defendent would have a further three weeks ( 17th August 2007) to respond.

 

To the Claimants shock and horror I attach a copy of the draft order received yesterday ( some 17days later ), where the response date for the claimant has been changed from the 27th July to the 20th July. The General Order was dated 19th July 2007 and Sent Out from the court on the 20th July 2007, and received yesterday. Consequently the claim is in danger of being struck out. Both myself and the Claimant were committed to submitting the evidence today but have now withheld, and seek advice / help / suggestions as to how we should now best continue with the claim.

 

The Court was telephoned yesterday as soon as the order was received, the advisor stating that as we attended the Case Management Meeting then we were aware of the Court Order and that it is our fault.

 

I personally am not very happy because (a) the agreed response time for both sides was set at three weeks each, and (b) that the court papers were not sent out for a further two weeks following the Case Management Hearing. I have been constantly asking the Claimant if he had received the court orders since the Case Hearing. The Court Advisor stated that there was currently a 10 day backlog for processing.

 

 

I attach a copy of the Draft Order.

Before Deputy District Judge xxxx sitting at Telford County Court......

 

Upon hearing the claimant in person and the Defendent not attending

 

IT IS ORDERED THAT

1. The Claimant shall by 4pm on 20/07/2007 send to the Defendant and to the Court:

 

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

 

b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

 

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

 

d) Copies of decided cases and other legal materials to be relied upon.

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

2. The Defendant shall by pm on 17/08/2007 file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

 

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

b) Whether such charge is accepted to be a penalty, and if not why not;

 

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

 

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

 

e) Any witness statements.

 

f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

3. Upon Compliance with paragraphs 1 and 2 above both parties shall notify the court in writing by 4pm on 31/08/07 what further directions are needed to take this claim to trial.

 

Dated 6th July 2007

 

 

Please could someone offer some help / advice / guidance how to quickly proceed and stop the claim being struck out. I apologise in advance if there has already been a similar response to this type of problem on the forum.

 

Many Thanks.

[christinajanep]

get ur papers in asap and they may still let it go through

[christinajanep]

your draft order sounds very simular to my disclosure notice, where the defendant has to give a breakdown of each of their charges which obviously they will not do.

 

has your court got a back log on paperwork do u know

[GuidoT]

Write a short letter to the court advising them when you received the order, how the date is wrong on the order in line with the hearing.

 

Then get your documentation in, I presume you are aware of this:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

If you PM me, I can provide this (although I am yet again having email difficulties):

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies-3.html?highlight=court+bundles+for+dummies#post925849