Winnie vs Lloyds Tsb

[GuidoT]

I have no idea why this particular judge is taking issue with the CAG template particulars, maybe (s)he is fed up with seeing them.

 

I will get someone in the know to look at your thread to advise you.

 

Incidentally which court and which judge?

[Michael Browne]

Is this Hitchin or St Albans Court? For some reason the judge there keeps issuing the same direction

 

All you need do is submit a fuller POC. This one should satisfy him:

http://www.consumeractiongroup.co.uk/forum/barclays-bank/70304-jordash-barclays-bank-defence.html#post661829

 

Read it carefully and amend where necessary.

[GuidoT]

A veritable fountain of knowledge, I knew MB would know (it best be Hitchin or St Albans).

[winnie123]

Hi Thanks Guys

 

This is Hitchin Court District Judge Field

[jessika1]

just noticed the court, i am at Hitchin too, District Judge Murdoch. Can i ask, what stage did they ask you to complete the AQ? I received my notice of transfer and it stated that the AQ has been dispensed with...Did Hitchin ask you to complete it after you were transferred??

[winnie123]

Thanks for replying so quickly not sure what I have to do still sorry confused bump !!

 

I have read what has been suggested but does this comply with what the judge is asking me to do as I note from the advice given that the judge was requesting a fully detailed claim setting out dates and amounts which is alleged to have been deducted from the defendants account

 

this is different to mine

 

The judge says that I am not complying with CPR 16.4(I) ???? WHAT IS THIS ??

 

by setting out a concise statement of the facts stylised particulars do not constitute compliance - I have to amend or substitute it's particulars of claim setting out the case in PLAIN ENGLISH !!!

 

Wasn't aware I was speaking a different Language and I am only 8 miles down the road !!

[Michael Browne]

If you really want to know see here:

PART 16 - STATEMENTS OF CASE

 

The POC's from the above link will be fine, + a schedule of charges.

 

You're worrying about nothing.

[winnie123]

Hi Guys

 

Thanks so much for your help I hate this judge why could he not have accepted what I have already written !!!

 

Questions

 

Trying to fill out the new POC'S

 

I am not claiming for contractual intrest so should I take this part out ?

 

The Defendant has also charged interest upon these charges once applied. (amounts debited and mentioned in this paragraph are hereinafter collectively referred to as “the Charges” and all detailed within Schedule A attached hereto).

I am struggling to work out what I need to put in this part ?

d. interest pursuant to s69 County Courts Act. Interest, in that case, up until xx/xx/xx amounts to £XXXX, as detailed in Schedule, attached hereto. Interest per day thereafter, or part thereof, is £00.xxp

 

 

Is the date the last date of the charge applied in this claim which is the 03/10/05 or is it today's date ?

Thanks Peeps

 

 

 

[winnie123]

Also I did my spreadsheet for charges back in Oct 2006 do i need to do this again to give me the intrest calculation ?

[winnie123]

Have put a letter together to go to the court with my amended POC'S is this alright ? - My haven't I been a busy bee !!!

Oh and Jessica - Lloyds entered a defence then sent in my allocation questionnaire and then Lloyds req a stay - stay ran out sent in a new allocation questionnaire and then this happended

The Court Manager

Hitchin County Court

Park House

1-12 Old Park Road

Hitchin Herts

SG5 1LX

26th April 2007

Dear District Judge Field,

 

******** v LLOYDS BANK PLC

In the Hitchin COUNTY COURT

CLAIM No: *******

Further to the order made on the 24th April 2007 regarding your request for amended particulars for the above mentioned claim. Please find attached the requested amended particulars of the claim and a schedule detailing charges which have been applied by the Defendant LloydsTSB.

I trust that the attached is now what is required and this claim can now allocated.

Yours Sincerely

[Michael Browne]

The Defendant has also charged interest upon these charges once applied. (amounts debited and mentioned in this paragraph are hereinafter collectively referred to as “the Charges” and all detailed within Schedule A attached hereto).

This isn't contractual, but overdraft interest. Just delete that sentence

 

d. interest pursuant to s69County Courts Act. Interest, in that case, up until xx/xx/xx (DATE YOU FILED)amounts to £XXXX, as detailed in Schedule, attached hereto. Interest per day thereafter, or part thereof, is £00.xxp (JUST CHARGES X 0.00022)

[winnie123]

Hi Guys

 

Finally have a response from the court they deem that this is not suitable for the fast track and have req a allocation hearing on the 27th June at 1000 hrs - Craping my pants now - what do I need to do as this is not a court date as such but a allocation hearing , have heard nothing from Lloyds TSB

[jessika1]

hi winnie, thought i would let you know THE EXACT SAME THING HAPPENED TO ME they said it was deemed for fast track and said i needed to have an allocation hearing, this was for 15 June, they paid ALL of my money to my account about a week before without even letting me know! be patiens and you will be fine - i did keeo hounding **** though about the hearing as they had to make the arrangement (it was a telephone hearing) not sure if that helped or not!

[GuidoT]

Hi Guys

 

Finally have a response from the court they deem that this is not suitable for the fast track and have req a allocation hearing on the 27th June at 1000 hrs - Craping my pants now - what do I need to do as this is not a court date as such but a allocation hearing , have heard nothing from Lloyds TSB

 

You have nothing to worry about, except that you are 'Craping' your pants, there must be something strange going on inside your body.

 

Nothing can be won or lost at a allocation hearing, see here for what to do:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[winnie123]

Nope bodily functions are working fine !!!

 

Jessika1 , how did you find out they were going via a telephone hearing also how did you hound **** ? by letters or phone - really want to get this sorted out this has been dragging on far too long now

[close]

hi, winnie!!

 

I'ts close. Haven't been hear for ages!! I got my money back £2,569 or something like that back in nov/dec last year. I am wanting to start new thread but haven't been able to? It said something about being 'de-activated? How did you do on yours got your money alright and that from hsbc. The monkeys. I am trying to claim back my flexi-loan, not sure how it will work because it's a loan that i took to pay off my o/d charges they gave been those but now i am paying the debt back through MCS. ny suggestions my luv ?