Freebird's flight path ***SOARING ABOVE THE CLOUDS***WON***

[cathrionas]

Hello Freebird, I have been following your thread but didn't realise that I am on the same time frame as you - my 2 week aniversary for filing the claim is tomorrow. I wish you well.

Cat

[elsinore]

You could phone the court FB (or call in), and ask what stage your claim is at. You never know, you might get lucky like shields http://www.consumeractiongroup.co.uk/forum/lloyds-bank/6829-shields-lloyds-tsb.html

 

Elsinore

[JonCris]

If they don't acknowledge your claim by the 14th day they cant have a further 14 days making a total of 28 days to provide their defence.

 

As has been suggested on the 15th day from the date of the court issue phone the court & ask if a defence has been received & if not apply for a default judgment

[freebird]

15th day, today Tuesday so I'll call in to the court down Town and do the same thanks elsinor/jon, I'll update later on Tuesday, thanks guys

Freebird x

[daveandmel]

Freebird you are an inspiration to everyone!!!

 

I'm claiming back my boyfs charges. Only £460 but it's the principal. I've read your story so far and you sound like you've been through the mill. You deserve your charges back more than anyone and i hope you win.!!!!!! I have just sent my letter before action, not looking forward to having to go to court but i know that there's lots of people on here who will be able to help!!!

 

Freebird i wish you well, this whole thing will make you a stronger person and you will go from strength to strenth.

 

I look forward to your update later on today!!! Fingers crossed:)

 

 

Mel

[JonCris]

Me

 

Only £450! Have you added a contractual interest rate, compounded,to your claim? If not do it & watch it grow & grow

[freebird]

right I'm fuming today !!!!!!!!!!

 

when I went in to hand my claim in on the Monday 7th Aug. I took proof of benifit in and she copied it, and told me that it would be approved the same same and I would hear soon........

 

The court have told me today that they have UP to 10 days to make the approval of income support proof......and mine was only approved by a supervisor yesterday........I reminded her that, it had taken 14 days for them to approve my application ? but she said 10 working days !

Now they have to add on 4 days to that, as they sent out my claim reference number to me yesterday together with the claim to LLoyds and they have to allow them 4 days to receive it..........so Lloyds have now another 14 days from the 20th to enter their defense, making it 7th. September before I can expect any reply...........

 

I'm on income support, if I just would have had the money to pay the court, it would have gone through two weeks ago...!!!!!!!!!!

 

yet again I'm discriminated against cos I'm skint,............. I had to wait another 2 weeks to be approved cos I didn't have the money.....

 

 

I'm sick of this bloody system of beaurocrasy...so sick I can't even spell it......

 

and no doubt on the 7th..Sept..they'll still drag it out for as long as they can.......

 

after requesting my initial statements at the begining of June....my first letter to Lloyds was 18th June.......it feels like forever.........I know it's only been a couple of months but you know when you're anxious and skint together.....I'm even begining to wonder now if it will come through by the kids half term 21st. October ???? we've missed the summer but I would have liked to treat them then !! if not it looks like I'll have to find somewhere to take them over Christmas........

 

I hate you Lloyds........

[freebird]

sorry daveandmel, didn't ignore you....I just needed a rant !

good luck with your claim too, loads of good people on here to help and support you....

stick at it and find the patience, that I HAVN'T got right now...........

[feralkat]

Hey Freebird - you are entitled to rant and there is no bette place than on here as we all know how it feels and how bl**dy frustrating it is

 

Try and think of the extra 8% that you will be getting - at least an extra day's worth of ice creams for the kids in October!!

 

Hang in there - not long till you'll be lauphing all the way to the bank

 

FeralKat

 

PS: I started this long old road in April!!!

[paulson1985]

Freebird,

 

You are now on your way the time will soon pass,

 

 

I think you may just make it for October, if not just think of the lovely Christmas you can all have.

[freebird]

I know guys but you know, you can't help but make plans for the money which you hope you'll get back !!!! human nature I guess........

 

I was praying I could take the kids away for October half term, our weather's too unpredictable so I'd love to take them somewhere hot !...........have to find somewhere hot for Christmas..........

 

I'm just worn out and in need of a break desperately.........

 

hard to be patient when the bloody system is so unfair, if I had, the money to pay the costs myself I could have filed on line or through the court and I'd be on the "home straight" by now.......instead of waiting the past 2 weeks and from the 24th, it's another 14 days !! just for them to submit their defense, and then how ever long they make me wait after that..........................

 

you know, " a watched kettle never boils"

 

I can't even get a light under the bloody gas.....lol........

 

Freebird x

[feralkat]

I'm in exactly the same boat - I had planned to take the kids somewhere nice - but now I'm looking at Christmas (but is very expensive to go away then ) ........... right now I've got to find the extra £100 for the AQ. Is so frustrating that the solicitors make you pay that money when they have NO intention of taking it to court. I know you get it back - but that doesn't help much when you don't have £100!!

 

Let me know if you find any cheap Xmas deals!! lol

 

FeralKat

[JonCris]

right I'm fuming today !!!!!!!!!!

 

when I went in to hand my claim in on the Monday 7th Aug. I took proof of benifit in and she copied it, and told me that it would be approved the same same and I would hear soon........

 

The court have told me today that they have UP to 10 days to make the approval of income support proof......and mine was only approved by a supervisor yesterday........I reminded her that, it had taken 14 days for them to approve my application ? but she said 10 working days !

Now they have to add on 4 days to that, as they sent out my claim reference number to me yesterday together with the claim to LLoyds and they have to allow them 4 days to receive it..........so Lloyds have now another 14 days from the 20th to enter their defense, making it 7th. September before I can expect any reply...........

 

I'm on income support, if I just would have had the money to pay the court, it would have gone through two weeks ago...!!!!!!!!!!

 

yet again I'm discriminated against cos I'm skint,............. I had to wait another 2 weeks to be approved cos I didn't have the money.....

 

 

I'm sick of this bloody system of beaurocrasy...so sick I can't even spell it......

 

and no doubt on the 7th..Sept..they'll still drag it out for as long as they can.......

 

after requesting my initial statements at the begining of June....my first letter to Lloyds was 18th June.......it feels like forever.........I know it's only been a couple of months but you know when you're anxious and skint together.....I'm even begining to wonder now if it will come through by the kids half term 21st. October ???? we've missed the summer but I would have liked to treat them then !! if not it looks like I'll have to find somewhere to take them over Christmas........

 

I hate you Lloyds........

 

Fed Up, Freebird x

 

Freebird

Ist they DO NOT have 10 days to agree your exempt & to claim so IS not only wrong as per the rules it IS also discrimination.

When you completed the EX160 you only had to produce evidence of benefit if requested. As you have by signing the EX160 signed a "statement of truth" which has criminal sanction if wrong they can take your word for it. However The fact that you took evidence in with you should have speeded things up as they may have chosen but didn't have to write & request proof later

Some of these court counter staff really are obstructive & seem to consider themselves as legal eagles. They quote rules that just don't exist making them up as they go along or worse still misquoting those that do.

The claim is deemed to be have been delivered to the defendant within 2 working days, after the date on the N1 claim form & that is the date from which the clock starts ticking & no other. It would only be 4 days if they sent it on a Friday

As you don't want to upset them I suggest you try & speak calmly with the Court Office Manager & ask his advice pointing out ever so politely that you have been told you have to wait 10 days + 4 days before action begins. Let me know what he/her says

BY the way once issued the time can only be extended by agreement between the parties &/or the instruction/consent of the court & that does not include the office staff

[JonCris]

PS Bit late now but you could have completed the EX160 exemption online

[freebird]

thanks Jon, I guess I thought that as I couldn't do moneyclaim on line because I was claiming exemption re income support, I presumed that the quickest way to do it would be in person with all the docs of proof with me !

The woman who took my claim, copied all my proof of benefit and it was her who said that it would be approved the same day ! so I guess that's why I am diappointed today that they only sent my claim number out to me yesterday. I havn't got it in the post so I wouldn't imagine Lloyds have had their's yet either.

 

Freebird x

[freebird]

ok, the Manager of the issuesdept. said my claim was issued on the 10th by a supervisor for "typing up and sending out".

She again said that they have 7 to 10 working days to issue the claim number to me and the defendant and as they sent my claim number to me yesterday, it was with in the 7/10 working days rule. Although it was sent to us both yesterday, the date I must work from is 24th August and then allow 14 days from then to allow Lloyds to enter their defense.

She added that it was not because I was on benefit as they follow the same procedure for all claims..!!..

I couldn't get past this as pursuing it any further would have agitated her because she's already said they had worked it "their suggested time limit" with only one superviser working on a high volume of claims in date order. Every one who submitted a claim the same day as me would be on the same time scale....

 

I'm forgetting about it now Jon, although I'm frustrated, what's the point, I'll only get mad and all worked up, and still have to wait for Lloyds to do things in their own time....I'll rant on here a bit and bite my tongue elsewhere....

you all know what it's like to play the waiting game.....so I'll bounce off you lot !!

[JonCris]

ok, the Manager of the issuesdept. said my claim was issued on the 10th by a supervisor for "typing up and sending out".

She again said that they have 7 to 10 working days to issue the claim number to me and the defendant and as they sent my claim number to me yesterday, it was with in the 7/10 working days rule. Although it was sent to us both yesterday, the date I must work from is 24th August and then allow 14 days from then to allow Lloyds to enter their defense.

She added that it was not because I was on benefit as they follow the same procedure for all claims..!!..

I couldn't get past this as pursuing it any further would have agitated her because she's already said they had worked it "their suggested time limit" with only one superviser working on a high volume of claims in date order. Every one who submitted a claim the same day as me would be on the same time scale....

 

I'm forgetting about it now Jon, although I'm frustrated, what's the point, I'll only get mad and all worked up, and still have to wait for Lloyds to do things in their own time....I'll rant on here a bit and bite my tongue elsewhere....

you all know what it's like to play the waiting game.....so I'll bounce off you lot !!

 

cheers Freebird x

 

I don't care what they are telling you & I checked with HMCS just to be sure this time before posting they are lying. If a claimant intends self service & presents 3 NI forms to the court they can request the forms be sealed there & then. As long as you have means of acceptable payment (cash) they have to do it. even if it means you hanging around until it's done.

 

Write to the court asking them to clarify the rules under which they are allowed 10 days for your N1 to be approved & issued. At the same time ask why it is that 4 working days are allowed before the 14 days commence.

 

If you want I'll prepare a letter for you to send. Just let me know

[freebird]

I'll do one tonight and take it in tomorrow....

the reason she said they allow four days extra, is that after they send it to the defendant, the first 4 days are allowed for receipt of the notification. So if it was sent on the 20th August, I have to count their fourteen days from the 24th.

But you're right I'll ask again for all this in writing. As it needs clearing up for other claiments too...

 

BTW see this bit.........Jon...

"As long as you have means of acceptable payment (cash) they have to do it. even if it means you hanging around until it's done."

I didn't have the means , in cash, as I was handing in proof of benefit for exemption from fees..etc.. and even if I could , I couldn't have just waited there all day until they approved it because I had my two daughter's with me... I just accepted what she said when it would be approved the same day...COW.......

Freebird x

[JonCris]

I'll do one tonight and take it in tomorrow....

the reason she said they allow four days extra, is that after they send it to the defendant, the first 4 days are allowed for receipt of the notification. So if it was sent on the 20th August, I have to count their fourteen days from the 24th.

But you're right I'll ask again for all this in writing. As it needs clearing up for other claiments too...

 

BTW see this bit.........Jon...

"As long as you have means of acceptable payment (cash) they have to do it. even if it means you hanging around until it's done."

I didn't have the means , in cash, as I was handing in proof of benefit for exemption from fees..etc.. and even if I could , I couldn't have just waited there all day until they approved it because I had my two daughter's with me... I just accepted what she said when it would be approved the same day...COW.......

Freebird x

 

I think your court is somewhat unique in it's rules but I still think you need to sort it for YOUR future claims & the bit about paying cash was only meant be an example of what can be done. It wasn't meant to apply to you. It was only information.

 

Post your letter don't take it in

 

PS How close is the next nearest County Court?

[daveandmel]

Me

 

Only £450! Have you added a contractual interest rate, compounded,to your claim? If not do it & watch it grow & grow

 

Hi,

 

Have sent the LBA off am i right in thinking that i add the interest when i make my claim to the courts?

 

Melissa

[JonCris]

No work it now! & send an amended letter of claim giving them a little longer to respond. Unless of course you have a "get stuffed our charges are fair & reasonable" type letter then only give them "by return" to respond.

 

No sense in wasting anymore time.

[freebird]

today received Notice Of Issue from Court.

Claim issued 10th Aug

sent to defendant 1st Class 22nd Aug

deemed to be served 24th Aug

Defendant has until 7th Sept to reply.

 

yes I argued why it took them 12 days to send it out but they came back with staff holidays etc.. and to be honest I'll learn from this one and be more on top of it next time.......

 

.......I think sometimes I just have to chill a bit and be patient......

 

The worm will turn !

[Mindzai]

Good luck with your claim freebird. Seems like you have everything under control now. It's only a matter of time till they pay up

[caro]

I really hope you don't have to wait too much longer for your money freebird. Just sit back and concentrate on the family for a bit, while those people at Lloyds rush around getting your money ready for you. They know by now that they won't be able to weasel out of it.

[callumsgran]

Freebird m'dear, sorry to hear your latest probs. Lovey its only a matter of time now, kids will always wait for a treat dont matter when you do it! just sit back relax and unwind!!! will watch with bated breath to see how you get on!