Lloyds pay out after judgment - help!!!

[Andy S]

I recently took Lloyds TSB to court on behalf of my cousin. On the claim form I had my cousin as the claimant and the correspondence and payment address as my own (some 250 mile North of him. He wanted me to act on his behalf as he knows nothing about bank charges or courts).

 

Lloyds failed to submit their defence within the time and we were awarded judgment by default against them. We left it a few weeks until they got notice of judgment and to get their act together and pay but still received nothing from them. I then phoned their lawyers Sechiari, Clark & Mitchell who had been dealing with the case. They told me that the money had been paid into my cousins Lloyds TSB account days earlier.

 

My cousins account they paid it into though was overdrawn so the £1800 they paid has only cleared his overdraft and nothing else. i.e. we have no cash left after all of this.

 

The question is can they do this despite my name and address as being the correspondence and payment address?

 

I have not withdrawn the case yet and can still serve a warrant of execution on them as technically they have not paid the money to the correct person or by the correct method.

 

What do i do?

[GuidoT]

You cannot take someone to court on their behalf, save in exceptional circumstances.

 

I see nothing wrong with what Lloyds have done, you did well to succeed by default.

 

It is normal for the sum to be paid directly into the account that the charges came from and they can set off against an existing debt.

[Andy S]

You cannot take someone to court on their behalf, save in exceptional circumstances.

 

Yes, you can instruct a solicitor, agent or third party to take someone to court on your behalf.

 

I did just that acting as my cousins agent. On the MCOl form it asks for a service address for documents and payments which can be different from the claimant's address.

 

Also where there is a third party agreement or letter of authority in place the defendant has a duty to send the payment to where they are directed.

 

At least that is my belief.

[nicsussex]

You may want to have a look here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90639-district-judge-cooke-mission.html

 

There is some discussion about who can act on behalf of a claimant

[christinajanep]

if it was an agreed overdraft can u not take it back out