My Case Struck Out!

[Angry_Princess]

Hi all. Despite a reminder by the judge and an extra 2 weeks Lloyds have failed to send in Allocation questionaire. I received letter yesterday to say the judge has Stuck it out.

I assume this means i win. What happens now and how long does it take?

 

Thanks Steph X

[gizmo111]

You can now apply for judgement for the full amount,

[surfman]

Steph,

 

yes you have indeed won, this happened to me also, lloyds failed to return there allocation questionare, i see you are from the wirral i am also and claimed at birkenhead court.

fill in the form for judgement and get it to the court asap the judge there has just given me judgement and ordered them to pay me back my £8900 forthwith (pronto)

any questions ring birkenhead court and ask for joe in case management, he is very helpfull and will tell you all you need to know in a way that you can understand it,

I think the judge there, Judge Travers knows the score and doesnt side with the banks.

 

i am just waiting for my money now, think i will give them a reminder call tomorrow.

[cajdad]

Well done, Steph (Princess). Sounds like good news for you.

 

When were the AQs due in? Did you have to do anything, or did the judge send the reminder and strike out the claim without prompting?

 

I’m in a similar (but not so advanced) position with a claim for a friend. The AQs were due in by 2 July. I sent mine in on time but, as of a couple of days ago, the bank still hadn’t put their AQ in. The court hadn’t done anything yet because they had a big backlog of claims.

 

A lady in the Court Office thought their District Judge was going to stay all bank charges claims – she didn’t know if it would make any difference that the banks AQ was already long overdue before the OFT announcement! Or, she said, he might send them an “unless” order giving them 7 days to file the AQ (and then, possibly, still stay the claim!).

 

Any advice - Princess, or anyone? Do I just wait for the judge, or should I be doing something pro-active?

 

Incidentally, when sending in my AQ I requested an “abuse of process” strike out or, alternatively, an Order for Directions – for all the good that will have been if the claim is stayed anyway!! If the claim is now stayed, the bank will have benefited unreasonably from not sending in their AQ on time.

 

Sorry Princess – don’t mean to hijack your thread, but yours is closest I’ve seen to my case since the OFT announcement.

[Angry_Princess]

Thanks all!

 

Cajdad i didn't hav 2 do anythin. I sent in AQ then few weeks later got a letter sayin defence had not handed their's in and that the judge was giving them an extra week. They still did not hand it in and then i got a letter sayin the judge had struck it out.

 

Ill go 2moro and apply for judgement. Its only for 700. not a great deal but a nice shoppin spree!!

 

Nice 1 Surfman! Congrats. My case is with Birkenhead aswell. I had my last 1 there against Natwest 2.

 

Good Luck cajdad!

 

Ill let you no what happens!

 

XX

[cajdad]

Thanks for that Steph. Hope you get your money soon.

[Angry_Princess]

sooo. Had a letter yesterday. copy from the courts of the letter sent to lloyds.

Saying they failed to respond and so the court orders the defendant to pay the full amount forthwith. Failure to do so could result in seisure of goods to be sold.

 

It doesnt give a time frame? how long do they have to pay me? has this happend to anyone?

 

steph x

[surfman]

ring sc&m and tell them what you have received from the court, ask for fax number to fax a copy to and they will pay up. they paid me within 5 day's, fax a copy and ring daily untill the money is in your account.

forthwith means immediately,

 

well done. Lee,

[Angry_Princess]

whats sc&m and whats the number? thanks surfman!

[bikerbabe]

SC&M is SECHIARI, CLARK & MITCHELL - Solicitors, tel. 01273 205381, fax 01273 745356.

 

BB.

[Angry_Princess]

ok thanks guys ill fax it in the morning.

 

fingers crossed!