A couple of questions.....**** WON ***

[stadium_arcadium]

OK, I rang the court and they informed me that Lloyds filed their defence on the 20th!!! I asked them why I had not received a copy to which they said it (and the AQ) had been posted to me on the 27th. I was expecting them to land on my doorstep yesterday but the post must be slow (and the court must be snowed under for it to take this long!)

Awww, I got all excited thinking I could request judgement lol. Ah well, I'm ready for a fight if they want one!

[lancsman]

have you recieved n e thing stadium?

please tell?

[stadium_arcadium]

Yes, received their defence and the AQ today, postie was late as usual. Looks like the norm from what I've read on the forums. I will have a search for Reload's thread with all their replies and double check. I have til the 14 Aug to complete the AQ, and will keep an eye on everyone else who is ahead of my timescale:)

 

Thanks for your support:)

[lancsman]

take it you have the Sechiarri trio as solicitors?i would say don,t bother trying to negotiate with them as they are ignorant just file your A.Q.with the court.

[stadium_arcadium]

Yep, I do have SC&M I don't want to be wasting my time and phone bill on them from what I've read. you heard anything yet?

[lancsman]

not a sausage from n e 1. the court will let me know by wed they said?(thats tommorrow!!!!)

[stadium_arcadium]

Just got off the phone from the court. SC&M have sent in their AQ (a day late I might add) and the case is now with the district judge. No doubt he will request a stay, seems to be the norm for Lloyds at the mo:evil: I so want to get this sorted, one way or the other!!

[lancsman]

I would direct the court to my case,i am against Sechiarri,Clarke and Mitchell.My case was stayed "for the parties to attempt settlement"by District Judge Coombs.

I waited a few days just in case their copy ofthe stay took longer,wrote by registered post with a covering letter to the "ice cream seller,s"and not a sausage it is now the 19th August they had until the20th(Sunday).

If you need more info P.M. me i think you should make the court aware that Sechiarri Clarke n co are ignoring "stays"which have been put on,to attempt to get the parties to settle.I will be handing in a written letter detailing to the court what i have done in attempt to instigate dialogue with lloyd,s solicitors i am frankly disgusted by them.

[stadium_arcadium]

That sounds like a good plan, Lancs. I will wait a few more days to see if the postie brings anything from the courts, then I will def PM you for more info, thank you very much:D

I read in here somewhere that some peeps are getting somewhere by making SC&M aware that LLoyds have already had plenty of time for negotiations and are dragging it out on purpose. Seems there is lack of communication between the bank and their sols. Hope you get some results this week too!

[lancsman]

letter going in to court today(after the mail has been!) with a copy of everything i sent to the secchiari ice cream sellers,i reckon they are still busy producing it (b*llsh**)not ice cream.still no word.Hardto understand how arrogant theycan be with the courts!

[stadium_arcadium]

Received through the letterbox today....

 

 

Before DISTRICT JUDGE HENDICOTT sitting at Cardiff County Court, Cardiff Civil Justice Ctr...

 

IT IS ORDERED THAT

 

1. Case is stayed generally pending further order from the court.

 

Dated 21 August 2006

 

 

Thats it, nothing else on the letter at all:?

 

Do I send a letter to the court asking for the stay to be lifted, or do I get in touch with SC&M? Or both?

[stadium_arcadium]

When I started all this, I opened a parachute account with A&L. They wouldn't give me a debit card, but did give me an electron card and cheque book. Apart from activating the card I haven't touched the account. This morn I get a letter from them stating that my new VISA debit card is on it's way!! Why, I ask, have they changed their mind? Is it because they have lost a load of customers and are desperate for my custom? Or maybe because I've not used the account over a month on?

I am tempted to transfer all my DD's over to them, give Lloyds something to think about....though I cannot afford to give back the £100 O/D that I constantly use at the mo......

[Bookworm]

Well, you'd need to know why it was stayed.

 

Was it the banks requesting it? Or was it the judge's decision?

[stadium_arcadium]

I have just rang the court and have been given a direct line to the judges listing. They are constantly engaged though. Will keep trying, and will ask those very questions Bookworm, as soon as I can get through. There was no other information on the letter.

[david Reed]

are lloyds always this difficult?? your money claim was issued 2 months ago?? what a nightmare must really annoy u?

1 good thing though is they will have to pay u more for daily interest

[stadium_arcadium]

Ok, just spoken to a very helpful person in the court. He informed me that it was the judges decision, pending a test case in London, re bank charges. He couldn't give me a reference, name or date:|

 

I asked him to check SC&M's AQ, they didn't ask for extra time.

[feralkat]

Thats a bit worrying

 

I hope all the courts don't start doing that - does anyone who's case it could be?

 

Have the Mods got any thoughts on this? The last time this happened (I think) was Elliott Vs Lloyds and the courts didn't even realise that it had already been settled!

 

Feralkat

[stadium_arcadium]

I am a little worried, would be nice to have a name for the test case:|

 

Would like some advice please, on what my next move should be:?

[dolly]

You need to reply for a removal of the stay immediately.

 

I am going to quote directly from Bankfodder here on what people should do:

 

You will need a form N244

The Grounds for removal template :

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

The Grounds for removal forms the part C statement. It has to be amended to suit the claimants own circumstances and his bank (it was originally prepared for Lloyds)

 

The claimant should also prepare and attach a spreadsheet of all cases which we have in the lit concluded section

 

It will cost £35.

 

In the opening part of the N244 -

 

You want it done without a hearing.

No all parties have not agreed.

 

Part A

... that the Stay of my claim no.XXXXXX ordered by judge XXXXXX on dateXXXX be set aside

 

Because:- I believe that there are good grounds for allowing my claim to proceed as explained in Part C of this application. I have also attached XX sheets to this application

 

Part B - I wish to rely on Statement in Part C

 

Make sure that all statements of truth are signed, all pages bear the claim reference number at the top

 

Any attached documents are STAPLED

That they are numbered

that the Part A statement refers to the attached sheets so that it is clear if something is missing.

 

When it is taken to the court - not faxed or sent, a receipt must be obtained which says how many pages were received.

 

No need to send a copy to the defence

 

I suggest that I see it before it is filed

 

Hope that helps.

[stadium_arcadium]

Thank you very much Dolly!

I have downloaded the N244 and also found what I need to adapt to put in part C, in the templates library, and will hand it into the court on Tues. I don't see any reason to drag this out any longer.

 

Big thanks for your big help!

[stadium_arcadium]

Handed my application in today, Weds 30th August. I guess it's a case of wait and see now (plus more reading of the vital information on this site)

I again asked if there was anymore information regarding the test case, and had the same answer as before, with the extra info that there was a "massive pile" of similar claims to mine.

[lancsman]

Massive pile Sue?There,s a mountain.Good reply from Dolly.sometimes a "stay"for the right reasons,eventually gets Lloyds Lethargic Lot to reply(later than the end of the stay but thats another story)

the judge said"to allow the parties to attempt settlement"Sechiarri were taking their time so i sent a covering letter and copy of the stay.

Bankfodder has helped with letter that iv,e sent to Secchiaris trio.

Its worth a look.

its on"Nation wide first Lloyds last but not least by a long chalk"if you want to adapt it for you.

 

good luck

[stadium_arcadium]

Thanks John, your support has been a great help:)

 

Not once since I put my court claim in have I heard from the sols. I am in hope that the stay will be lifted soon, after reading RETURNED TO SENDERS thread:) I am really starting to get fed up, this has taken much much longer than I expected!

[lancsman]

Hi stadium

Your antagonist's solicitors are they the "ice cream seller's i refer to?Sechiarri trio?If so them not replying or acknowledging anything is quite normal and quite ignorant for a so called set of Professionals.

Again if the stay was 4 the right reasons to encourage dialogue and settlement fair enough but i know you are doing the right thing and 4 the right reasons.

never 4get they took to much money in the first place its ours....

[stadium_arcadium]

From what I can gather, it takes the court about a week to lift a stay. I'm going to ring the court 2moro and try to find out whats going on with my claim. Haven't heard a peep from SC&M, am starting to wonder if they actually exist:p

 

I have an appt with my bank manager this afternoon. 1 to try and get recent charges wiped out (first lot in months!!) and 2, to try and get a refund of my mis-sold PPI, which I was forced to take out on my loan last year. He is quite a good guy actually, and has helped us out in the past. If talking to him doesn't help then I'll have to do it in writing to head office.