GDB-V-LloydsTSB

[dave&sueb]

Yeehaah,..........well, almost.

Got response today from the courts and NO I don't have to submit another AQ..

The District Judge has allocated my case to the small claims track and has set a date of 21st Feb 07 at 2pm for 1 Hour.

would like some assitance here though, ist it ok to transcribe the contents of the direction order here?

[Michael Browne]

ist it ok to transcribe the contents of the direction order here?

Of course

[dave&sueb]

This was received today from the court.

Notice of allocation to the Small Claims Track (Hearing)

 

District Judge A******* has considered the statements of case and allocation questionnaires filed and has allocated the claim the the small claims track

 

The court must be informed immediately if the cse is settled by agreement before the hearing date.

 

Pleas see directions order attached

 

Date 19 December 2006

 

............

Upon reading the documents filed and of the Courts own motion.

 

It is Ordered that:

1. This claim is allocated to the small claims track.

2 The Claimant shall by [28Days] crossed out and replaced by 12/1/2007, file and serve:

 

(a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason, (ifany) for that charge being made;

 

(b) Copies of any statement or other document relied upon as showing that each and every such charge has been made;

 

© A statement of the Claimant's own evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

If the claimant fails to comply with this order, the claim will be struck out without further order.

 

3. The defendant shall by [56 days] crossed out and replace by 9/2/2007 file and serve a response to the claimant's schedule, stating in respect of each item claimed:

 

(a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

(b) Whether such charge is accepted to be a penalty, and if not, why not;

 

© If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is to be treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

4. Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the court and the opposing party.

 

5. List for hearing next available date after 10 weeks, time estimate 1 hour, reserved to District Judge A********.

 

6. This Order has been made by the court of it's own initiative, without hearing the parties or giving them opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such and application must be made not more than 7 days after the date on which the order was served on the party making the application.

.........pheeeeeewww

 

To those reading and that are in the know on these things, is there anything in this order that is unusual or that |I should be worried about

[dave&sueb]

If the Defence is struck out, does this mean I win by default and LTSB will be ordered to pay up?

[GaryH]

This is good news! Slowly but surely the courts are cottoning on!

 

Those directions require you to provide a) your schedule, b) your statements or account information and c) a statement of evidance to bvack up your contention that the charges are penalties and thus unenforcable.

 

In return Lloyds must a) produce your account contract b) self explanitory and c) (this is the good bit!) whether or not Lloyds accept that their charges arise from breach of contract they must provide evidance of the true costs involved in the charging process.

 

You need to get your bit off ASAP. Heres my statement of evidance, make sure you amend to suit - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

[Michael Browne]

If the Defence is struck out, does this mean I win by default and LTSB will be ordered to pay up?

Yes but they'll settle lomg before that.

 

Identical direction order here:

http://www.consumeractiongroup.co.uk/forum/natwest-bank/12706-natwest-mickpercy-swing-3.html

 

and GaryH's template responce here:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

[dave&sueb]

Hi,

How soon after I respond, do I contact SC&M?

Do I need to re-submit my schedule...........I already did that in the early stages?

[GaryH]

You need to submit everything the court has asked you to, regardless of whether or not you sent it before. You must file and serve it - ie, send one copy of everything to the court and another copy to the other side (SC&M)

 

Get yours off ASAP, but certainly no later than the date specified on the order. If (when) Lloyds have'nt sent you their documents by their deadline, ring them and ask them why not.

[dave&sueb]

Thanks a lot.............signing off now to collate..........watch this space!