Court Case Scheduled, Please Help!

[camsoft]

Hi,

 

After sending Lloyds TSB letters regarding my bank charges and gettting a standard letter back from them telling me they are lawful, I filed a claim for £1600 (including 8% intrest) via the small claims court.

 

Lloyds have decided to defend the claim, and the Small Claims online system tells me that it has been moved to the local court. I have heard nothing since.

 

I have a couple of questions:

 

1. What happens next, will I end up in court?
   
2. If yes what do I have to do, and can I get legal aid?
   
3. Since I filed the claim via the small claims court I have probably been chraged another £600. Do I have to file another claim for this or can I somehow include this now?

Any help you could give me would be greatly appreciated.

 

Cameron.

[PeterAnderson]

Camsoft - Hi,

Just go to the top of the forum and read (no study) the step by step guide. Make sure you use the templates there and read other peoples posts and you will all the answers you need.

 

Don't panic; study this site; double check all your paperwork; if you have a question just shout there are some very helpful and clever legal guys lurking here

 

And the best of luck

[mattyb13]

hi camsoft,

 

I will try to answer your questions.

 

1,you will hear something shortly from your local court. I asssume that lloyds have acknowledged your claim and filed a defence. You may end up in court but this is only a very small chance. Even if you do it is very very unlikely that lloyds will show up anyway. Even though you need to prepare as if it is going to go to court. As I said this is highly unlikely.

 

2, I'm not sure about legal aid but you dont need it. thosands and thousands have reclaimed their charges by themselves. Just follow the step by step guide and have a read through the FAQ's and you will be fine. If you have any questions post them here and you will get help but have a good read of the site 1st. Everybody is nervous to start with. Also read through other peoples threads so you know what to expect it really helps.

 

3,I beleive you can amend your claim but it will cost you £35 which is not reclaimable. I think alot of people have made 2nd claims or even 3rd claims, personally I think it would be best to make another claim.

 

hope that helps.

 

matt

[camsoft]

Sorry to appear dum, but could you point me to the link for the Step by Step guide, I had a look around but could not see it.

[nicsussex]

You may want to have a good look around in here -

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

As for legal aid - why would you need it? Yo will not be employing a solicitor and you can't have costs awardedagainst you.

[camsoft]

Thast great, thanks for your help guys.

[camsoft]

Hi,

 

I have over the last 3 months been proceeding in reclaiming my bank charges. Last month I filed a claim via the Small Claims Court, and Lloyds have decided to defend. SMC online now says that will be transfered to the local court.

 

I received a letter from Lloyds solictors in Brighton, saying they are fully defending the claim.

 

Now I have heard nothing for quite some time now. I have read on this forum someware the my local court Brighton, is overwelmed by people trying to claim bank charges.

 

Is there a way I can speed up the process, I know the bank dont have a leg to stand on and that its highly unlikely that it will go to court. Can I contact Lloyds's solicators directly (maybe send them the proposed court bundle) and ask them to considure setteling the claim, as in the end it will save everyone alot of time and money?

 

Also I really need to claim bank the charges I have been charges since filing this claim 3 months ago, can I goto streight to the claim court, or do I have to go though the entire bank statement/letters process again?

 

Thanks in advance,

 

Cameron.

[christinajanep]

give your court a call and see what stage your at,,, they are really helpful and will putyour mind at rest

[camsoft]

Thanks for your reply, but does anyone know if you can contact Llloyds solictors directly?

[Champnos]

You can try but they have already told you they will defend which is not unusual. Sending them the court bundle wont do much, they will probably just bin it. Its a waiting game im afraid.

 

I dont think you can add any charges on to your existing claim, it may be possible if you complete an N244 amendment form costing £35 otherwise id guess you would have to raise a new claim.

[camsoft]

So even though Lloyds wont go to court and if they did they would not win, why are the dragging this out?

[camsoft]

Help Required

 

I have just received an letter though the post titled "Notice of Transfer of Proceedings"

 

It says that:

 

The defence to this claim has been filed.

The claim has been transfered to the court coverering the area where the claiment lives.

 

It also notes that the allocation questionnaire should be returned to the Brighton County Cort.

 

The on another sheet, it says:

 

It is ordered that:

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

What does this mean, this seems to be the opisit of what it says on the first sheet?

 

Then there are three photocopies of the banks defence, a 9-point defence.

 

What does all this mean?

What happends next?

What do I need to do?

 

Please help, Im now getting worried.

 

The 9 points the bank descibe sound good, it says that the charges are for a service and that Im not in breach of contract!

 

Any help you folks could give would be wonderful.

[BARTY]

Hi

The 9 point defence is the standard lloyds one, so that's good.

Have a read of this link:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

Good luck, let us know how you get on.

Barty:)

[nicsussex]

Perfectly standard and nothing to worry about

[camsoft]

Thanks for your swift replies. Could someone explain what AQ is?

 

Also what happens next, do I have to do anything?

[camsoft]

Anybody else have any more help on this? Alot of the topics seem to assume that I know what an Allocation Questionnaire is, but I dont?

 

Any help would be great.

[nicsussex]

It is inadvisable to have started a court claim against an organisation that has infinitely greater resources than you have without having done the correct preparation. You really do have to get everything correct or you claim may fail.

 

I would suggest that you have a GOOD read of many of the threads in this forum so that you have a good grasp of what to expect next.

[camsoft]

It is inadvisable to have started a court claim against an organisation that has infinitely greater resources than you have without having done the correct preparation. You really do have to get everything correct or you claim may fail.

 

I would suggest that you have a GOOD read of many of the threads in this forum so that you have a good grasp of what to expect next.

 

Thanks for your reply, I have done some research. But there is SO much information at so many levels that I dont know where to start.

 

It would be helpful, if yo could tell me what to expect next.

[camsoft]

Hi,

 

I have just received a letter from Brighton County Court, see below:

 

Take Notice that the Hearing will take place on 21st Aug 2007.

10 Minutes have been allowed for the hearing.

...

The Claim be allocated to the Small Claims Track.

 

I did not have any chance in the process to send any documents or AQ and now my hearing date is set.

 

So what happens next I turn up in court, not knowing anything about the legal system, and get my case thown out?

 

Please can people help me as I dont have long before the hearing, and am very nevous, what did I need to do or what can I do?

 

Also attached:

 

1) This Claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedures Rules and Pratice Direction of that Part for guidance on how the hering of the claim will be conducted.

 

2) The claim will be heard at William Street Brighton on a date and at a time

which is set out on a notice attached to this Order, or which will be sent to you later. The Court reserves the right to change the place and/or time of hearing.

 

3) From the available papers, it is estimted that the hearing will take ten minutes. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediatley.

 

4) The parties are encouraged always to try and settly the case by negotiation. The parties are encouraged to contact each other with a very to trying to settle the case or narrow the issues. The court must be informed immediatley if the case is settled.

 

5) The following parargraphs set out the Judge's directions for preperation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.

 

The following Directions apply to this Claim:

 

6) Disclosure of documents shall be dealt with as follows:

 

a) Both parties shall give each other standard discolsure by list, the lists to be served by 4pm fourteen days before the hearing.

 

b) Any request for a copy, or inspection, of any document shall be complied with by 4pm seven days before the hearing.

 

7) The orignal documents must be bought to the hearing.

 

8) The judge may refuse to considure a document or take it into account if a copy of it has not been sent to all parties as required by this Order.

 

9) The documents to be sent to the parties and court must include the statements of al withnesses (including the parties themselves)

 

10) Witness statement must:

 

a) Start with the name of the case number;

b) State the full name and address of the witness;

c) Set out the witness's evidence clearly in the numbered paragraphs

d) End with this paragraph: 'I believe that the facts stated in this witness statement are true,' and

e) be signed by the witness and dated.

 

11) The judge may refuse to hear the evidence, or consider and statement, of any witness whose statement has not been prepared and copied to all parties and court in accordance with the paragraphs above.

 

12) Neither party may rely on any report from an expert at the hearing unless permission has been granted by the court beforehand. Anyone wishing to reply of an expert must write to the court immediatley on recept of this Order seek permission, giving an explanation why the assistance of an expert is necessary.

 

13) Because this Order has been made by the Court without considering representations from the partites, the partites 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 the service of this Order.

 

Thanks inadvance,

 

Cameron

[dolly]

Did you get an AQ to complete or was it dispensed with?

[madmaxctr]

Mate look at this

 

Lloyds TSB - Answers to questions on bank charges

 

In particular

 

Q: Can I make a court claim for a refund during the test case?

A: Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case

 

So Lloyds will ask the court to freeze your claim until the test case.

[camsoft]

Did you get an AQ to complete or was it dispensed with?

 

It was dispensed with. Is this a problem?

[camsoft]

Mate look at this

 

Lloyds TSB - Answers to questions on bank charges

 

In particular

 

Q: Can I make a court claim for a refund during the test case?

A: Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case

 

So Lloyds will ask the court to freeze your claim until the test case.

 

Sorry can you explain what this means? Are you saying that my hearing is only a preliminary one?

[camsoft]

So thats it, I've spent the last 6 months trying to reclaim my bank charges, and now my court case is going to be frozen (for a year)?

 

Do I have anyway of forcing this to go through?

[dolly]

So thats it, I've spent the last 6 months trying to reclaim my bank charges, and now my court case is going to be frozen (for a year)?

 

Do I have anyway of forcing this to go through?

 

 

You have a court hearing on the 21st August....you need to get your court bundle together, sent to SCM and the court 14 days prior to your hearing, and get yourself to court on that day.

 

There are links to the bundle somewhere, rushing out so cannot look for you.

 

In light of the recent announcement, the court may decide to stay the decision pending the ruling of the test case. If so, you are in the same boat as many of us (my hearing is on the 22nd) and you will probably wait at least 12mths for any money.

 

Lloyds may pay out beforehand as they have been doing......no-one knows yet.

 

Get your bundle done and sent. In all honesty, you should have been well prepared when you first set out doing all this. There was always every possibility that you would end up before a judge so you really need to get reading up big-style now. If you are ill prepared, chances are a judge may well throw out your case.