Court Case Scheduled, Please Help!

[swisstoni]

Hi,

 

I put my claim in to the court a couple of weeks ago and from information I can gather, I'm going to carry on as I would have done before the OFT's test case. When It comes to my court date and the judge asks for directions, i'll be sending a letter asking that if the bank asks for a stay pending the test case then the court should reject that stay on the grounds that they haven't defended a case in court up to now and have clearly abused the courts system and wasting the courts valuable time by continuing not to appear for the cases (of which they could have asked for it to proceed to a test case!) and in 99% of cases, judgment being granted in default. Sounds good, just hope the judge agrees with me too!!!

 

SwissT

[Michael Browne]

See here:

Court Bundle

Basic Court Bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

[passivenomore]

When It comes to my court date and the judge asks for directions, i'll be sending a letter asking that if the bank asks for a stay pending the test case then the court should reject that stay on the grounds that they haven't defended a case in court up to now and have clearly abused the courts system and wasting the courts valuable time by continuing not to appear for the cases (of which they could have asked for it to proceed to a test case!) and in 99% of cases, judgment being granted in default. Sounds good, just hope the judge agrees with me too!!!

 

SwissT

 

I like your reasoning here... I expect those in the know here will soon issue guidelines in respect of the OFT case, however, with my claim in the system and expecting a court date iminantly, I may well add your point to any objection to expected stay!!

[GaryH]

Camsoft, don't prepare anything yet - please post on the 'Lloyds Court date' thread in the stickies at the top of the forum.

 

Thanks.

[camsoft]

Camsoft, don't prepare anything yet - please post on the 'Lloyds Court date' thread in the stickies at the top of the forum.

 

Thanks.

 

Hi Gary,

 

I have posted on that forum as requested, but what should I do next, the court case is only in a few weeks?

 

Cam.

[GaryH]

Cheers.

 

I'll get back to you properly tomorrow, but you basically need;

 

a) a disclosure list and disclosure statement.

 

A disclosure list is a list of all the documents, authorities and evidence which would be in your court bundle. You don't need to submit actual documents in advance, just a list of them. Here's an example of a disclosure list -

http://www.consumeractiongroup.co.uk/forum/abbey-bank/85008-chelli-abbey-6k-3.html#post1039787

 

A disclosure statement is form N265 -

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n265_1005.pdf

 

N265;

 

I the claimant,

 

Date of order,

 

Ignore the 'did not search' bit,

 

I carried out a search...... "all necessary documents relating to the claimants claim as detailed above have been searched for and are hereby disclosed"

 

Ignore the rest untill the sig box

 

I have control of the documents numbered and listed here..... "please find the claimants full disclosure list attached to this form"

 

'N/A' the other boxes

 

b) A witness statement.

 

PM me your e-mail address.

[swisstoni]

I may well add your point to any objection to expected stay!!

 

Feel free and I hope it works!!

 

Also i'm going to ask that if Lloyds are granted a stay pending the test case, then Lloyds should not take any more penalty fees from my account accordingly pending the test case. they can have it both ways. Can they????

 

SwissT

[camsoft]

Cheers.

 

I'll get back to you properly tomorrow, but you basically need;

 

a) a disclosure list and disclosure statement.

 

A disclosure list is a list of all the documents, authorities and evidence which would be in your court bundle. You don't need to submit actual documents in advance, just a list of them. Here's an example of a disclosure list -

http://www.consumeractiongroup.co.uk/forum/abbey-bank/85008-chelli-abbey-6k-3.html#post1039787

 

A disclosure statement is form N265 -

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n265_1005.pdf

 

N265;

 

I the claimant,

 

Date of order,

 

Ignore the 'did not search' bit,

 

I carried out a search...... "all necessary documents relating to the claimants claim as detailed above have been searched for and are hereby disclosed"

 

Ignore the rest untill the sig box

 

I have control of the documents numbered and listed here..... "please find the claimants full disclosure list attached to this form"

 

'N/A' the other boxes

 

b) A witness statement.

 

PM me your e-mail address.

 

Hi Gary,

 

Thanks for your PM, i'm still waiting to hear from you via email.

Thanks for your help.

 

Cameron.

[GaryH]

Really? I could have swarn I e-mailed you! double check, and if not let me know and I'll try again.

[camsoft]

Really? I could have swarn I e-mailed you! double check, and if not let me know and I'll try again.

 

I just checked, and I cant find an email from you.

I'll PM you me email address again.

 

Thanks.

[GaryH]

Sorry, no I hadn't sent it. Have now though!

[camsoft]

Sorry, no I hadn't sent it. Have now though!

 

Thanks Mate, just received the email.

[maxine989]

Hi Camsoft

 

I am just posting around a few Lloyds claimants who have court dates coming up quite soon.

 

In light of the recent OFT proceedings against many of the major banks I was concerned that my hearing may be put on hold (my date is the 16th)...

 

So I decided to call up Lloyds litigation SC&M to discuss my claim.

 

It might be worth tou giving SC&M a call too... I just called them (about 10 mins ago) and said that I wanted to discuss my claim in light of the recent OFT proceedings as I have a hearing date on the 16th of August. They settled in full over the phone!! full charges, plus 8% plus court costs, plus a bit extra which I assume is for more recent charges.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/51041-hard-slog-lloyds-tsb-3.html

 

SC&M said I should get something in the post over the next day or two...

 

So if I were you I'd call them... it's worth a go and might save you having to printing out the court bundles.

 

Here's the number: 01273 205381, have your claim number handy.

 

[camsoft]

Hi Camsoft

 

I am just posting around a few Lloyds claimants who have court dates coming up quite soon.

 

In light of the recent OFT proceedings against many of the major banks I was concerned that my hearing may be put on hold (my date is the 16th)...

 

So I decided to call up Lloyds litigation SC&M to discuss my claim.

 

It might be worth tou giving SC&M a call too... I just called them (about 10 mins ago) and said that I wanted to discuss my claim in light of the recent OFT proceedings as I have a hearing date on the 16th of August. They settled in full over the phone!! full charges, plus 8% plus court costs, plus a bit extra which I assume is for more recent charges.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/51041-hard-slog-lloyds-tsb-3.html

 

SC&M said I should get something in the post over the next day or two...

 

So if I were you I'd call them... it's worth a go and might save you having to printing out the court bundles.

 

Here's the number: 01273 205381, have your claim number handy.

 

 

Amazing, how did you approach them?

What did you say?

 

Thanks

[camsoft]

Amazing, how did you approach them?

What did you say?

 

Thanks

 

Hi,

 

I just spoke to SC&M on the phone, and the very helpful man on the other side said that Lloyds TSB are suspending any claims until after the OFT Test Case.

 

I mentioned that fact that I know for a fact that they already paid out today, and they said they would only do this is Lloyds had already requested this.

 

They have been told not to settle any claims, but if Lloyds have already decided to settle then they will.

 

The guy is going to look into my case for me as Lloyds have not indicated that they will settle, and get back to me.

 

Fingers crossed.

[maxine989]

So it was worth a call then, lets hope you get a settlement.

 

When I called I mentioned that I was about to print off my court bundle of documents but was unsure of current circumstances due to the OFT proceedings... he said to me that TSB refunded some money back on blar blar date. I said that that amount was unspecified and was described as a 'gesture of goodwill' in correspondence relating to it. I said that this amount was not my full claim, and then I listed what my full claim was. he paused, looked more at the notes on my case and then asked me to hold. he came back and offered me the full amount and all the trimmings.

 

He did not mention whether Lloyds TSB had already requested it and he did not go straight into the details of this offer at the start of the conversation, I assume he must have checked with someone or something while he put me on hold and then made the offer.

 

Lets hope that once your man at SC&M looks into your case that you too will get offered a settlement.

[dolly]

Hi,

 

I just spoke to SC&M on the phone, and the very helpful man on the other side said that Lloyds TSB are suspending any claims until after the OFT Test Case.

 

I mentioned that fact that I know for a fact that they already paid out today, and they said they would only do this is Lloyds had already requested this.

 

They have been told not to settle any claims, but if Lloyds have already decided to settle then they will.

 

The guy is going to look into my case for me as Lloyds have not indicated that they will settle, and get back to me.

 

Fingers crossed.

 

I got exactly the same response as well.

[camsoft]

Today I received a letter from SC&M telling me that they have applied for a Stay on my court case in light of the OFT case.

 

They ask me to confirm in writing to the court and SC&M whether or not I am in agreement to a stay on the proceedings.

 

What do I do? My court case is scheduled for the 21st Aug.

 

Also I did not send in the court bundle because I phoned SC&M to try and negotiate, as it asked me to in the courts directions and they said that they will get a stay and not to send in the bundle.

 

Look forward to hearing from you.

[BARTY]

Hi

Have a read of this link:

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

When do you have to have your Court Bundle in by?

 

Good luck!

 

Barty:)

[camsoft]

Hi

Have a read of this link:

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

When do you have to have your Court Bundle in by?

 

Good luck!

 

Barty:)

 

My court bundle had to be in a few days ago, 14 days before the hearing. I spoke to SC&M who told me not to bother.

[nicsussex]

My court bundle had to be in a few days ago, 14 days before the hearing. I spoke to SC&M who told me not to bother.

 

If that is really what happened then I hope you have a recording of the call. The defendant telling you 'not to bother' with an order from the court! Outrageous!

[camsoft]

If that is really what happened then I hope you have a recording of the call. The defendant telling you 'not to bother' with an order from the court! Outrageous!

 

I don't have a recording but I did note down the call and the time and the person I spoke to "Chris".

 

So do I need to agree or disagree with the stay, I have to let the court and SC&M know?

[caro]

It really is vital not to contact the banks. They will tell you what they want you to hear, but the claims are in the hands of the courts and it's up to them to tell you what to do, not the banks.

 

You should definitely oppose the stay unless you are prepared to wait a long time for your claim to be settled.

[camsoft]

Ok that is helpful, the reason I contacted SC&M is because the courts directions said that you should always try to resolve the dispute.

 

How do I write to the court to oppose the stay?

[caro]

I think you should send your bundle to the court with an application to remove the stay http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post131900

 

I suggest that you also send a letter apologising for your bundle being late and explaining that the bank led you to believe you didn't need to as they were applying for a stay.

 

I've merged your 4 threads so I could read all your progress to date. Please stick to this thread now.