if anyone has the link to the court story, please post it!

lloyds, the trial, reading county court!

skeleton arguments (good to see whether my notes are on a par!, sorry i didnt mean prosecution, you know what i mean) better leave the black cap at home that day

a copy of their proscecution notes. I have done a few pages of A4 summarising the points I wish to make and where i should ask the judge etc to refer to, but with Friday looming it would be magic to have someone elses just so I know all bases have been covered and i dont kick myself under the table. much appreciated

Ok, my heart is now officially racing as Friday looms. Thankfully I have never been in court before. Please can anyone share their experiences maybe to alleviate the anxiety!!

i am in the same boat, court has made a second request for a stay but the backlog means the case will continue on Friday. happy days.

continue as normal. i would call the court and see where their turnaround times are, i.e. will they decide ona stay before the hearing or at the hearing. you must attend unless told otherwise as they will get their way! prepare to defend the stay request and assuming they havent submitted a bundle, highlight in your defence to the judge that SC&M have abused the process of court and have failed to file anything.

I have spoken to the court this morning and was told because of turnaround times, it is unlikely the second stay request will be reviewed before the hearing. is it better not to inform SC&M in the hope that they may now forget about the case or call them and hope they may offer something?

rarely they submit bundles, what you need to be doing is getting your objections in for a proposed stay as they are going to be trying hard, even if refused the first time.

send the judge a letter outining the reasons for not having a stay. Lloyds have been cheeky with my case and sent a fax to the judge for the second time asking for a stay, keep ahead of the game, good luck.

does anyone think Lloyds will suceed writing to the judge again for a stay after being refused the first time round and missing their deadline fore the bundle?

have a look at my letter on the beckett v lloyds which i faxed yesterday

by the way how does one address the judge?

sorry, the threads are getting clogged up with people on stage 1 of LBAs and stayed claims (all important) but i need to convey my urgent implosion

JSS i am assuming you have received a letter from SCM like i did tonight asking the judge again for a stay. the arguments are long winded (i didnt read it, just hunted for the cheque ) now i am livid and fear my request will take 5 days to get to the judge whilst the court agrees to the solicitors

the problem is, my letter stating no compliance has not been loaded on the court system as they have a 5 day turn around, i hope the letter i deafted above will reach the judge as quick as their urgent fax has

its a 2 page letter referring to my case next Fri saying this is an urgent request , refers to test case and bullet points brief details of OFT claim. states they will be there at the hearing next week if the request is denied to assist the court in anyway they can will the judge see through this second request. I am hoping my letter sent last thurs confirming they havent done the bundle will sway the judge

watch lloyds, they were turned down and they asked again,

I have drafted this, could anyone add any pointers or do you think this is fasir enough? Claim 7QT01583 – BECKETT V LLOYDS TSB I write further to a fax sent by Sechiari Clark & Mitchell on 30.08.2007 requesting a Stay on my claim, for the second time. Please accept my apologies for this urgent message; however I wished for you to take my points into consideration before concluding. With respect, I wish to object for the reasons set out below. 1) I brought my claim against Lloyds TSB because Lloyds TSB did not enter into any negotiation, or acknowledge AT ANY TIME my complaint against them. Lloyds TSB were given a period of 4 weeks to respond to my original claim. Since Lloyds TSB at the time were settling claims, and in some cases continue to do so, therefore court action appears the only route forward, costing the claimant £120. Furthermore, I was left with little choice. 2) Lloyds TSB has already requested a “stay” on this claim which was refused by the District Judge. 3) An order by Reading County Court requested all documentation to be relied upon should be filed 14 days prior to the hearing, with copies sent to the other party. I confirm that my evidence was supplied to Reading County Court and SCM within this time period. 4) Despite receiving notification of the refusal for a “stay” prior to the 14 day period, SC&M/Lloyds TSB still failed to provide documentation which they intend to rely upon. It is my belief that SC&M has requested a “stay” for the second time (in somewhat a hurried manner) on the basis they have left it too late to present a case. It is my opinion that the second request for a “stay” amounts to damage limitation on their part. Furthermore, I believe that failure to adhere to the court directions and ignorance or the declined stay request amounts to “an abuse of the court process”. 5) My claim against Lloyds TSB centers on whether an issue of “service” charges amounts to “cloaking” and whether the Statute of Limitations Act would permit my claim on the basis that the “unlawfulness” of the charges was hidden and I have only just become aware. It is my belief that this case should be presented as this area, to my knowledge is not covered by the OFT “test” case and may require a hearing further on. 6) From a human point of view, I do not have the means nor the legal background of Sechiari Clark & Mitchell but I have managed to comprehend and adhere to the seriousness of the directions ordered by the court. I have found the past month very stressful and in putting my case together I have expelled a great deal of time and distraction. In my opinion it would be a shame for the hearing on 7th September to be vacated because Lloyds TSB have been granted a “stay” on my claim, requested for the second time because they failed to provide a defence for them to rely upon. Finally, whilst I respect your final Judgment, I hope that you understand my concerns, the convenient timing of this second request (and hurried nature) and order this case to proceed as normal. Yours faithfully Tom Beckett Claimant

Despite the judge refusing the request for a Stay, SCM have been underhand and faxed the judge a letter (more fully) requesting a STAY in light of the case next Friday. I have previously sent the judge a letter about the STAY and I amm not sure if this contributed or whether this was done of the own accord. I am worried now the Judge will accept, and all I can do is send a fax tomorrow to the court outlining the fact that SCM have only requested this because they did not file evidence and they want to delay, can anyone help here??????

JSS I am in Reading Court next Fri as well. SCM have no update from Lloyds as to defend or not in court and the clock is ticking. they missed their bundle deadline, i suspect they will (pardon the pun) bank on getting a Stay out of the hearing rather than look empty handed. you need to go in armed with reasons why they shouldnt stay, i.e. they forced you to take court action as they never replied, they havent sent a statement in and will turn up in court empty handed on the off chance of stay. if you can show them up (not in a smug way) it should go well for you.

well they only have a week to get their offer on the table and in a cheque to me. if they make me turn up i will claim costs. i suspect they will try for a stay again next friday like they did with someone else. however as i am arguing the statute of limitations, a hearing is needed and i can embarras them by reminding the judge that SCM turns up empty handed on a whim of a stay

yes they can,wrong forum though

i read somewhere that someone went to court and another banks solicitors got stays for everyone in my local court so the judge can be swayed

provided the money is eletronically transferred to my HSBC account the same day, i may concur with you on that one