Rich3236 vs Lloyds TSB

[Rich3236]

Hi all:)

 

My name is Rich and i am claiming against Lloyds TSB, i am new to the CAG but used MSE to get up to the court stages, i will do a time line of where i am at if anyone can help or offer advice of what i need to do next or what i am doing wrong then please help:-)

 

20 Apr 07 - Recvieved list of charges totaling £1288 and interest of £259.03

 

23 Apr - Sent 1st letter requesting money back, 30 Apr - received letter saying that their charges were "Service" Charges and were not default charges and they would not refund.

 

2 May - 2nd letter sent requesting money or court action would be taken.

 

No response so on 4 Jun i started MCOL proceedings and it was served on 9 Jun 07.

 

14 Jun SC&M acknowleged with intent to defend.

 

27 Jun - defence filed by SC&M along with notice to move proceeding to my local court.

 

30 Jul - AQ received, put Draft directions as per this site, handed by hand to Court.

 

Now i have been looking into the court bundle and although i know the basis behind why i am claiming the Case Law that is given in the bundle, Will i refer to all of this or just use the relevent bits as and when it comes up in the hearing?

 

Also i am having trouble getting my T&C's, any ideas? Thank you i look forward to your invaluable help.

[fzrkitten]

Hi rich3235,

 

Look in these for T&C's, hope they help.

 

Lloyds TSB - Terms and conditions for current and deposit accounts

Evidence for court bundle needed when reclaiming penalty bank charges

Document Library - WORK IN PROGRESS

 

Do you have a court date yet then? and have to have your bundle in soon?

 

GaryH & GuidoT have good bundles they will probably help you with, and you need to post your court date up here if you haven't already, so the Mods can see and help when the time comes.

 

Lloyds court dates

 

Good Luck,

 

Fzrkitten.

[Rich3236]

Thank you for your reply and the info.

 

No court date yet but as soon as i do i will post it. Cant wait to here from Gary H, i have read a few posts on here and he is a legend when it comes to advice, i just feel nervous, everyone looks like they go through the same. I just want to be as prepared as possible now to stop stupid mistakes. Have you got or claims fzrkitten? how are you getting on?

 

Rich3236

[fzrkitten]

Hi Rich3236,

 

I'm here:

Court Date - Have queries! Help Please? (1 2 3 4 5 ... Last Page)

 

Probably not an inspiring read at the moment, except for GaryH's contribution!

 

But I have done the court bundle bit, and non compliance letters, and am now in the hands of the judge - can't do anything else but wait and see now.

 

There are people still winning though, so carry on and don't get disheartened, just ask if you need help, someone will be able to advise.

 

Fzrkitten.

[Rich3236]

Hi all,

 

Rang court today and they stated that lloyds have yet to file their AQ, they said they have untill the 13 Aug.

 

Do i need to do anything now or do i just sit tight?

 

Rich3236:)

[nicsussex]

Just sit tight and wait directions from the court

[Rich3236]

Thanks Nic,

 

Will let you know when i get anything.

 

Rich

[Rich3236]

Nothing as yet. I am going to ring the court tommorow to see if SC&M have filed there AQ yet. They had till today so well see.

 

I expect that they will have sent it back asking for a month stay as they sometimes do.

 

Will keep you updated tomorrow.

[zootscoot]

Good luck Rich

[Rich3236]

Thanks Zootscoot,

 

Phoned the Court today and they stated that SC&M had not filed their AQ, when i asked what would happen now he stated that the judge would view the file and decide whether or not to throw out their defence.

 

I won't get too exited yet i will just expect the judge to give directions without an AQ and then if SC&M fail to comply with the directions then hopefully i will get decision by default.

 

Thanks for everyones support and i will keep you updated.

[Rich3236]

Well nothing new but i am going to call the court tomorrow to see if SC&M have even bothered to hand in the AQ late. Will let you all know.

[cajdad]

SC&M haven't filed AQ in my case either. It was due in on 2 July! Since then I've been waiting for the Court to do something .... and waiting ..... and waiting. I phone the court now and then, and something is always about to happen - but it never does. Over a week ago I was told papers were, at last, going to passed through to the judge. I'm hoping he'll either strike out the defence, or at least issue an order for them to send in the AQ - but I expect the case will just be stayed. In the meantime I'm just waiting ... and waiting ....

[Rich3236]

Well, I phoned the court again yesterday and the nice lady told me that SC&M still have not filed thier AQ! She stated that the judge has still to view the case and because it is quite far past the deadline she will rush it through and i should have direction or decision from the judge in a couple of weeks.

 

In the meantime should i phone SC&M and give them a kick up the bum about thier AQ or just leave them to it.

 

Rich3236

[fzrkitten]

Hi Rich,

 

I wouldn't phone them and remind them, let the courts decide whether to strike them out or not.

 

Fzrkitten.

[cajdad]

Hi Rich,

 

I wouldn't phone them and remind them, let the courts decide whether to strike them out or not.

 

Fzrkitten.

 

I agree. You don't really want them to file their AQ! Your claim will probably be stayed anyway, but I would have thought there's a (slightly) better chance of it not being stayed, or having the defence struck out, if they haven't done as they were asked by the court.

 

BTW, I've now been told (on the phone) my case is being stayed. Still nothing in writing from court though.

 

.

[Rich3236]

Thank you cajdad and fzrkitten,

 

I will leave it until i hear from the court. Well cajdad thats not good news for you, hopefully the judge in my case will be more sympathetic. Are you going to object to the stay?

 

Rich3236

[cajdad]

Are you going to object to the stay?

 

Rich3236

 

Probably - when the court eventually gets round to issuing the notice. I'm not optimistic, but I think its worth risking £35.

[cajdad]

BTW, I've now been told (on the phone) my case is being stayed. Still nothing in writing from court though.

 

Despite what they said on the 'phone, the court has now issued an order saying the defence will be struck out if they don't file the AQ by 28 August !!!

 

It's not over yet though. I guess the case could still be stayed if they send in their AQ - especially if they ask for a stay at the same time

 

.

[fzrkitten]

Hiya,

 

Yes but bank holiday is on your side hopefully!

 

Good luck!

 

Fzrkitten.

[cajdad]

Yes but bank holiday is on your side hopefully!

 

Thanks kitten, I hadn't thought about that. And I think I read somewhere they aren't allowed any extra time when its a formal Order from the court. So if their AQ is not already in the post it could already be to late - assuming SC&M don't work Saturday's.

[Rich3236]

Hi all,

 

Have they filed their AQ yet Cajdad?

 

Well i phoned the court again today and the person told me that SC&M filed the AQ on the 21 Aug. So now i will just have to wait for directions from the judge.

 

Just for reference how do i post links on the threads?

 

For example when i get a court date i will leave my dates in the court dates section but how do i leave a link to my thread?

 

Rich3236

[cajdad]

 

Have they filed their AQ yet Cajdad?

 

Unfortunately, yes. I phoned the court today and the lady there said the defendant's AQ had been filed on 24 August. She said papers would be put through to the judge again - although the judge won't be there for another week or two. However, the lady said she was quite certain that when the judge (eventually) sees the papers again she would issue a stay notice, since that is what she is doing in all bank charges cases.

 

I asked, in that case, what was the point in issuing the order for the (already very late) AQ to be filed. Why did they not just issue the stay notice in the first place? She said this was simply so that everything was in place when the test case is eventually settled. Seems a bit stupid to me since, whichever way the test case goes, there won't be any need for existing claims to be heard. Still, I suppose it at least means that Lloyds will have had to cough up their £100 for filing the AQ!

 

Anyway, it will now be who knows how long before we get the stay notice, and I can then decide whether to object to it or not.

[Rich3236]

Still waiting all,

 

I am very impatient i hope they send the directions soon or i may have to go hand my file to the judge myself LOL.

 

Well hope you are all well.

[Rich3236]

Spoke to the court again today, they stated that the file is with the judge and that he should look at it soon and issue directions. I was also told that the judge will only hear Stay applications before the court date via the correct means and will not accept applications for a stay on the day of the hearing.

 

Is this true or is the court assistant just trying to fob me off with an answer i want to hear? It Aldershot and Farnham court by the way.

 

Thank you all.

 

Rich3236

[Rich3236]

Bump.