KAZZAW v Lloyds Asset Card - EVERYONE READ post 15 & post 219 !!!!!!

[tamadus]

Wow, just caught up with this thread, great news Kazza!!! This has similarities to the hearing I attended before Christmas, supposedly a 10min allocation hearing and the judge decided to deal with each case while they were there. Any banks who hadn't already settled he ordered to do just that! I was hoping the same sort of thing would start to happen elsewhere, it seems the judges are finally seeing the way the banks are abusing their system! I would love to be a fly on the wall when they read that order!!

 

OOOO what court was that at Stadium ??

 

This or very similar looks to becoming a trend

[bill-k]

OOOO what court was that at Stadium ??

 

This or very similar looks to becoming a trend

 

Yes, indeedy.

 

Looking good, Houston !!

[stadium_arcadium]

OOOO what court was that at Stadium ??

 

This or very similar looks to becoming a trend

 

It was at Cardiff, some info here... http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/47462-new-test-case-hearing-3.html

The judge was really great, he made it clear how fed up he was:D

[Fullyskinted]

Would it be prudent to ask for the Judges name rather than the Jusges name and the Claim Ref?

 

I fancy adding something like the judges comments in my AQ letter!

 

Congrats kazzaw!

[Movingon]

UPDATE

 

Sent copy of my AQ to SC & M following their request just before Christmas.

 

No surprises on their AQ!!

 

Have today received the following letter from Newark County Court:

General Form of Judgment or Order

To the Claimant

kazzaw

Before District Judge ................. sitting at Lincoln County Court.

EX PARTE

IT IS ORDERED THAT

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.

 

Dated 28 December 2006

 

I assume they won't be sending the Schedule within 14 days so will the Judge then order them to pay up?

 

Is this happening a lot across the country or have I stumbled upon a good Judge?

 

Wow this is fantastic news... "Abuse of Process" will basically mean that they MUST settle or take it to court... and if they take it to court they MUST disclose or lose... LMAO

 

Love it - keep us up to date!

[Guest Battleaxe]

This now has me thinking (dangerous I know). My dispute with A & L and that PLP. I am not trying to get out of repaying the loan, i want the PLP removed, the interest they have charged on the PLP removed and the unlawful charges they have applied to account for late payment(s) caused by the A & L current account dispute. This is new loan taken out in March 2006, at the time we did not know that Kent had cancer, which will now negate that PLP. we thought it was also payment protection insurance as well as a life insurance, we find out this is not the case.

 

The way forward as I see it, (and I thought we would get a competive interset rate), seeing we have never had a late payment with A & L loans in nine years, but we did not get the 5.6% advertised at the time, now I know why, (A & L has stuffed our credit record, another story).

 

I am going to push for the interest rate to be renegotiated at the then advertised rate of 5.6%.

 

Maybe just maybe a boardroom meeting on Monday might make them twice now the Courts are prepared to take action and throw out their defence claims

 

Let's see if one bank is prepared to become competitive.

[Longleigh10]

(Sorry for hijacking Kazaaw...) My case is in the mortgages forum. What would be really helpful in light of this, is if we created a forum that listed which solicitors were acting for which company. From my experience to date, my solicitors are acting on behalf of other companies as well. If I were able to 'track' them I would know if they'd already settled elsewhere and could quote this 'order' in my allocation questionnaire. Something similar to the banks contact addresses forum

What do others think? Any thoughts Mods?

[Fullyskinted]

Good idea

[TideTurner]

Stadium, do you have any details of that case (case no. location, date etc)?

[jodyperry]

Hi maybe the judges in lincolnshire got together and realised they had some charges too cause mines at boston curt and this morning recieved exactly the same ill be keeping an eye on the thread this looks as if it could change the whole wy banks are being allowed to deal with this!!

[zootscoot]

Was this a Lloyds claim JP?

[Fullyskinted]

Was this a Lloyds claim JP?

 

 

Yeh, we need to know!!!!

[jodyperry]

no its for natwest but im doing loyds too and my aq went in a couple of weeks ago so im hoping its the same judge and hell do the same with lloyds

[Fullyskinted]

no its for NatWest but im doing loyds too and my aq went in a couple of weeks ago so im hoping its the same judge and hell do the same with lloyds

 

 

I think you miss the point JP.

 

It means the court(s) arent being specific to Lloyds - they are stating the same to other banks aswell.

This bodes well for the rest of us not in Linclon!

[gman7714]

Oh my gosh this news rocks (re post 15) and has made my Monday!

 

Subsribed and cant wait to see what happens on or after the 18th!

[jodyperry]

wow famous 3 i like being famous lol

[Fullyskinted]

hahaha LOL

[freebird]

Oh Karen, what such sweet words.....well done to you......

Lloyds have left me crying so many times for a long time now...........your acheivement ripples through to all of us, especially those of us who've been battleing with Lloyds for such a long time......

All credit to the Judge too..bout time eh ! Maybe some will rub off when they are all sitting in their gentleman's club on Friday night..

WTG girl xx Freebird x

[downsouth]

Wow:)

 

This is indeed an excellent development.

 

How about stickying this thread, it should be a real boost to those in the earlier stages of reclaiming worried about the thought of having to go to court.

[uglynine]

I don't see why not photoman. would this be suitable to write in the AQ? :-

 

I wish to ask for an order of the following terms: "the defence be struck out as it is an abuse of process on the basis that the defendant has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled."

 

Alternatively may the court consider making the attached draft directions into an order to bring this case to a swift conclusion.

 

My AQ is due on the 17th at Kingston-Upon-Thames, is it advisable to make this addition to the AQ? I'm trying out the new directions for AQs, but offering this as an initial alternative could speed up the process somewhat.....

[kazzaw]

wow famous 3 i like being famous lol

 

I've pm'd you.

 

Keep in touch!!

 

Karen

[jodyperry]

just to let you all know we recieved our cheque this morning from a scared cobbetts!! looks like the judges scare tactics were scarier from theirs!! only it was 116 quid short so speaking to them in a bit. ive also given them my 0701 number so getting my money back from them in more ways than one lol

[uglynine]

Wow! That is superb news, only a few days after the judge made his order. Congratulations!

 

I'm really thinking a modded AQ maybe worthwhile to reflect this, to speed up the process for all of us, what do our Moderators think?

[Theadmiral]

Congrats on the Judgement Kazzaw. Trying to read your thread - posts being added faster than you can read!!!!!

 

Certainly good idea to bring details to attention of other Courts - Perhaps all of us going through the process should send a letter to their Court saying:

 

"In respect of my claim, I would just like to bring to the attention of the Court, details of Judgement recently made at Lincoln County Court which orders the following:

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled." (dated 28th December 2006)

 

There is now a wealth of evidence that the Banks are reluctant to pursue any defence of the claims of their clients against unfair bank charges, thus wasting valuable court time. Until they are in a position to reveal all to the courts, I would hope that the Honorable Judges at the Court would take note of this information in bringing a speedy conclusion to claims that they are dealing with.

 

(of course - copy to Bank's solicitors)

 

Just a thought - what do the Moderators think??

[Guest bong]

brilliant news jodyperry. it'll be interesting to see if Lloyds and Natwest change their tactics after this.