Nolan v Lloyds TSB - **WON post OFT v Banks**

[Lunatic Flea]

Thanks for that. Any more advice would be greatly welcomed.

[PeterAnderson]

Did you provide the court with a list of all the charges ??

 

In the meanwhile please visit Wiki and look at the step-by-step guide and I am sure you find the answer there (it has just been updated)

 

Best of luck

[Lunatic Flea]

Did you provide the court with a list of all the charges ??

 

In the meanwhile please visit Wiki and look at the step-by-step guide and I am sure you find the answer there (it has just been updated)

 

Best of luck

Hi

Yes i provided the court with each charge detailing what the charge was for, the date, how much and my interest on each charge. I provided this before the deadline. Sorry if i sound stupid but what is Wiki and where do i find it??

[spiritgirl59]

Hi LF

 

Try here :-

 

Main Page - Consumer Wiki

 

Love Spiritgirl x

[Lunatic Flea]

Hi LF

 

Try here :-

 

Main Page - Consumer Wiki

 

Love Spiritgirl x

It is now 4pm and i have just spoken to the Court manager at Grantham. Lloyds had to enter a counter claim by 4pm today by letter or fax to the court but also send me a letter of the counter claim to arrive at my address by today. The court manager has told me that they have received nothing in the post or a fax so i can write to the court informing them that Lloyds have failed to enter a counter claim by the deadline set by the court and and asking for judgement in my favour. She told me that the file will now go to the judge to look at next week who will then decide what happens next.She told me that in her experience if the defendant does not enter a counter claim by the deadline the judge will rule in the claiments favour. She also told me that because i their court dispensed with the Allocation questionare the bank will not be entitled to a stay of judgement. I think thats what she said. Is there a templete letter that i should send? Is it too early to celebrate?? £2150

[spiritgirl59]

Hi LF

 

I *think* there should be a section on the form the court sent to you after you filed your documents where you can tick the box to have judgement entered and then return the form to court..but I am not 100% sure as I never got to court with any of mine.

 

In any case it may be worth having a read of your form from the court and see.

 

Meantime I have bumped your thread and am sure someone with experience in entering judgement will get back to you soon x

 

WELL DONE !!! Not long now before you will be able to celebrate - I am so chuffed for you

 

Love Spiritgirl x

[Lunatic Flea]

I received the following letter over a month ago and supplied all that was requested. At the same time SCM requested a breakdown of all my charges. How much for, what type of charge, how I worked out my interest etc.

It reads as follows: Before District Judge Smith sitting at Grantham County Court, Harlaxton Road, Grantham Linc's

Upon reading the documents on file IT IS ORDERED THAT

1) The claiment do by 4:00pm on 9th July 2007 file at Court and serve on the defendant a scedule particularising each and every charge complained of together with the interest calculation.

2) The defendant do by 4.00pm 0n 23rd July 2007 file at Court and serve on the claimant a counter scedule in answer.

After compliance the District Judge will consider further.

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 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 to arrive within 7 days of the date of service.

It is now 4pm and i have just spoken to the Court manager at Grantham. Lloyds had to enter a counter claim by 4pm today by letter or fax to the court but also send me a letter of the counter claim to arrive at my address by today. The court manager has told me that they have received nothing in the post or a fax so i can write to the court informing them that Lloyds have failed to enter a counter claim by the deadline set by the court and and asking for judgement in my favour. She told me that the file will now go to the judge to look at next week who will then decide what happens next.She told me that in her experience if the defendant does not enter a counter claim by the deadline the judge will rule in the claiments favour. She also told me that because i their court dispensed with the Allocation questionare the bank will not be entitled to a stay of judgement. I think thats what she said. Is there a templete letter that i should send? Is it too early to celebrate?? £2150

[Lunatic Flea]

Hi LF

 

I *think* there should be a section on the form the court sent to you after you filed your documents where you can tick the box to have judgement entered and then return the form to court..but I am not 100% sure as I never got to court with any of mine.

 

In any case it may be worth having a read of your form from the court and see.

 

Meantime I have bumped your thread and am sure someone with experience in entering judgement will get back to you soon x

 

WELL DONE !!! Not long now before you will be able to celebrate - I am so chuffed for you

 

Love Spiritgirl x

 

Hi Spiritgirl

No there was no form to fill in re:Judgement.

 

Hopefully someone who has been at the same stage as me will respond to this thread. I will be well chuffed if i have won:D

Gary x

[Michael Browne]

No there was no form to fill in re:Judgement.

Look again Bottom half of the Notice of Issue N205A. looks like this:

 

http://www.tradingstandards.gov.uk/wirral/countycourt/n205a.pdf

[Lunatic Flea]

Look again Bottom half of the Notice of Issue N205A. looks like this:

 

http://www.tradingstandards.gov.uk/wirral/countycourt/n205a.pdf

Hi

I have got the form N205 (mco) Notice of issue but it only contains guidence notes and tells me how much my issue fee was. I have not got the document you have quoted. What should i do?

The other forms i have received along the line are as follows:

N10 Notice that ackowledgement of service has been filed.

N271 Notice of transfer of proceedings

N24 General form of Judgement or order

[Michael Browne]

OK you can download the form N225 here:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

[Lunatic Flea]

OK you can download the form N225 here:

http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

Hi Michael

Thanks for that. Should i send some sort of supporting letter or does the form speak for itself?

I assume in my case i would tick the box labeled "A"

I am not sure about the rest of it.

I know how much i am claiming for in charges and how much interest.

(1) Where it says Amount admitted(including interest at date of issue) is this the total from when i first informed Lloyds of my charges and the total of interest and not anymore interest whilst this matter has been going on?

(2) Where it says Period from and to is this the date of the first charge i am claiming for and the to date will that be the last charge that i am claiming for?

(3) Is rate 8%

(4) I know how much my court fee is.

I know i can claim interest occrued from when i started my claim to Judgement but can't be bothered to work this out.

My charges breakdown as follows

Amount of charges £1,629.00

Interest 8% £425.23

Court fee £120.00

Sorry for so many questions.

Gary

[Michael Browne]

1 This is Amount of charges £1,629.00 +Interest 8% £425.23=£2054.23

2 This date of issue of claim to todays date. The amount will be your daily rate ie £0.36p multiplied by the number of days between those two dates

3 yes 8%

[Lunatic Flea]

1 This is Amount of charges £1,629.00 +Interest 8% £425.23=£2054.23

2 This date of issue of claim to todays date. The amount will be your daily rate ie £0.36p multiplied by the number of days between those two dates

3 yes 8%

(2) The date of issue of claim i assume is the date i went on www.moneyclaim.gov.co.uk

If so i think i now have it.

(1) Amount of claim as admitted(inc interest at date of issue) £2054.23

(2) Interest since date of claim worked out at £0.36p per day. Total days 90. £0.36 x 90 =£32.40

Period from 24/4/07 to 23/7/07

(3) Subtotal £2206.63

I am aware the Judge is due to look at this next week. How long will he give Lloyds time to pay me in full?

Can you see any more stumbling blocks?

Gary

[Lunatic Flea]

(2) The date of issue of claim i assume is the date i went on www.moneyclaim.gov.co.uk

If so i think i now have it.

(1) Amount of claim as admitted(inc interest at date of issue) £2054.23

(2) Interest since date of claim worked out at £0.36p per day. Total days 90. £0.36 x 90 =£32.40

Period from 24/4/07 to 23/7/07

(3) Subtotal £2206.63

I am aware the Judge is due to look at this next week. How long will he give Lloyds time to pay me in full?

Can you see any more stumbling blocks?

Gary

Request for Judgement form n225 sent to court for Judge to look at next week. Lloyds should have served counter schedule on myself and to the court by 4pm yesterday. Still nothing in the post today and the court have told me nothing has been sent to them. Looks like i have won:D but won't be happy until the Judge has spoken. The court manager i spoke to told me that the likely outcome is for the Judge to rule in my favour due to the defendant not serving the counter schedule on time as ordered to in his letter. How long will he give the defendant to pay? Will it be 14 days?

[christinajanep]

hi i am at the same stage as u, my form has to be in on thursday as lloyds didnt reply to the disclosure notice,

but i think it takes alot longer than 14days for them to pay:mad:

[Lunatic Flea]

hi i am at the same stage as u, my form has to be in on thursday as lloyds didnt reply to the disclosure notice,

but i think it takes alot longer than 14days for them to pay:mad:

I asked the court manager how much time the Judge was likely to give the claiment to pay if he ruled in my favour. She said it would probably be 14 days.:grin:

[christinajanep]

thats wicked news, my judge seems pretty cool and the court is upto date with its paperwork so it shouldnt be too long before i hear something

[Bookworm]

3 threads merged.

[Lunatic Flea]

Lloyds failed to serve on me and file at court a counter schedule by 4pm on the 23/7/07. This was days before the OFT announcement. Completed form N225 requesting Judgement. Claim was looked at by Judge yesterday and ruled Judgerment in my favour for the full total of £2174.00 which was the amount i was claiming:grin:

The only amount i did not win was the daily rate from day of claim until Judgement which was only £34:rolleyes:

Order has been sent to me and SCM and have ordered Lloyds to pay within 14 days.

I believe they are taking around 3 weeks to pay. What would be the best course of action to take once order is delivered to me?

Whats the likelihood of Lloyds appealing or is Judgement final?

[PeterAnderson]

Well done you.

 

INMVHO - I would doubt very much that LTSB would appeal; after all they have not turned up at court yet, and they are a co-defendant in the OFT with their 'back-to-the-wall'

[Lunatic Flea]

Well done you.

 

INMVHO - I would doubt very much that LTSB would appeal; after all they have not turned up at court yet, and they are a co-defendant in the OFT with their 'back-to-the-wall'

Hi Peter

Once i have received the order in the best should i contact SCM? Also do i get a choice of having the money paid into my account or by a cheque? Is it correct they are taking around three weeks to pay?

Gary

[PeterAnderson]

My understanding is that you request a chq - put that in writing to SCM and fingers crossed; I would also wait until you have the order before contacting SCM; and I think I would also call the court just to make sure all is OK

[Lunatic Flea]

My understanding is that you request a chq - put that in writing to SCM and fingers crossed; I would also wait until you have the order before contacting SCM; and I think I would also call the court just to make sure all is OK

Cheers

I have spoken to the court today who read out the order. Do you mean i should ring the court again in a week or so to see if Lloyds are appealing?

[PeterAnderson]

Well you could I suppose - what grounds they would have to appeal beats me ??