linztez V Lloyds TSB

[linztez]

well we have our court date now for the 6th dec .they have held up so far i hope the buckle before the court date becasue its getting a little daunting now.

oh well i suppose it will be a nice day trip for a Lloyds solicitor lackey to come to sunny newbury

what do you think anyone reckon they will come.........

[GaryH]

Not a chance. Prepare as if they they will though.

 

Had any directions from the court yet?

[linztez]

what sort of directions gary

all we have had is a notice of allocation to the small claims track (hearing)

only a provisional listing though which is a pain in the proverbial.

[GaryH]

Anything on the notice about submitting evidance? It would be something like this;

 

a)The claimant shall file and serve all evidance, cases, facts and other matters to be relied upon no later than 14 days before the hearing.........

 

etc.

[linztez]

yes thats on the letter

[GaryH]

You need to get all your evidance off to the court and to Lloyds sols by the date given. Failure to do so may result in your claim being struck out. Have a look in the court bundle, 75% of what you need is there. Add to that the McNamara interview, all letters between you and Lloyds, a schedule of charges and any other evidance you think will help your case. Get all that off, and Lloyds will pay up soon after. They've been taking it further latey, they used to pay out around the time of the AQ return date, now they're not settleing untill directions have been complied with. I'm sure it must be to try to filter some more out. I'm not aware of 1 single claim where they've actually submitted their evidance though, they always pay rather than comply themselves.

[linztez]

thanks gary is the court bundle in the law pack or some where else

[linztez]

and also the mcnamara interview

[GaryH]

The court bundle and the McNamara interview are both in the templates library.

 

Heres a statement of my evidance I submitted to back up the contention that the charges are unenforceable as penalties, rather than a 'service charge' as Lloyds claim. Use part or all of it however you like; http://www.consumeractiongroup.co.uk/forum/lloyds-bank/7744-garyh-lloyds-tsb-unconditionally-3.html#post339177

 

It would also be useful if you could scan or otherwise post up your directions from the order, just to make sure the court does'nt require anything extra from you.

[linztez]

Directions

 

Each party shall deliver to every other party and to the court office copies of all documents(including any experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

The original documents shall be brought to the hearing.

 

Thats it

also in your statement at the bottom under DOCUMENTS ENCLOSED IN SUPPORT OF THIS SUMMARY

are these documents the ones included in the court bundle except mcnamara

[GaryH]

Yes, everythings in the court bundle, except McNamara. Send a copy of your bundle to the court, a copy to SC&M, and obviously keep a copy for yourself. If it gets to 14 days before the hearing and you have'nt heard anything from SC&M, ring them and ask why they have'nt served you their documents. If they have'nt already, they will probably settle there and then.

[linztez]

well all the relevant documentation and paperwork has now been filled at the court and copies sent to Lloyds solicitors.

so now just have to sit and wait for the big day 6th dec unless they bottle it before hand.

kinda hoping they wont ive got alot more confidence now all the paperworks done i want to watch them squirm............ :D

[GaryH]

I know exactly what you mean! I was genuinely dissapointed in a way when they settled, I was very confidant about giving them whipping in court. That service charge nonsence would'nt hold up to any decent scruteny and they know it. Which of course, is why they always settle!

[linztez]

i think im going to even hold out for the no conditions settlement too

just to twist the knife a bit

[GaryH]

Good on ya;)

[linztez]

Gary

deadline has passed for Lloyds to send me there copies of there case statements as the court case is the 6th of dec.

what do you think we should do now?:-|

[GaryH]

Get on the phone to SC&M. Remind them of the courts order and that the deadline to exchange documents has now passed. Ask where the documents are and when you are going to receive them. They should then say the settlement letter is in the post. If they say something like - "waiting for instructions blah, blah, blah....." tell them if their court documents or a settlement is not received within 7 days you will apply to strike out their defence.

[linztez]

Thankyou oh great oracle of knowledge:D

 

you wouldnt happen to have a contact number would you for s c &m:rolleyes:

[linztez]

hoooo raaaayyyy

 

Phoned sc&m today about the court bundle deadline breach

and surprise surprise

the settlement letter is in the post

 

hahahahahahahahahahahahahaha:D :D :D

[GaryH]

WOOOHOOOO!!!! Told ya, they're just too predictable!

 

Yet another one bites the dust!!!!

 

Well done both of you, enjoy your money and have a bloomin good Christmas.

[linztez]

Cheers gary for all your help:D

 

if our paths ever cross ill get you a beer

 

cheers

A*