Directions non-compliance letters

[hollyday]

Hi garry dumb blonde moment here lol but where is the draft order to send, I take it the letter you referring to is TJC vs LTSB.

thank you

[GaryH]

This one;

 

Dear Sir/Madam,

 

 

 

YOU v LLOYDS BANK PLC

In the ***** COUNTY COURT

CLAIM No:*******

 

I, the Claimant, refer to the claim as detailed above and specifically the Preliminary hearing scheduled for **/**/**.

 

I wish offer my apologies to the honourable court for my non-attendance at this hearing, which is due to... (add reason). As such, pursuant to the order made by district judge ****** on **/**/**, I wish to make my written representations as to how this claim should proceed.

 

If the court is in agreement, the Claimant respectfully suggests that directions could be made as per the attached draft order.

 

If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediously.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles establised since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

A copy of this letter and draft directions has also been sent to the Defendent.

 

 

Yours faithfully

Then attach this - http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

[zonecrew]

I've read somewhere there is an article from someone in Lloyds TSB regarding bank charges that would be useful to include in the court bundle, has anyone got the link?

 

thanks

[BARTY]

I've read somewhere there is an article from someone in Lloyds TSB regarding bank charges that would be useful to include in the court bundle, has anyone got the link?

 

thanks

 

http://www.consumeractiongroup.co.uk/forum/post-506547.html

Barty:)

[Guest MotleyCrue]

Thanks again Gary. In light of the fact that we are sending our court bundle on Monday, this info is invaluable. I have printed a copy off to refer to should we not hear from [problem] by Thursday of this week. you're a shining star!

Jo 'n' Mick:D:D

 

 

I commend you on your awesome use of acronyms!!

[kippy2]

well thanks to GH i sent off my non compliance letter last friday to court had a response today! [problem] have until 31st march to comply if they dont ha ha ha defence will be struck out and i can enter judgment for the sum claimed plus interest plus costs :D thanks very much judge

[GaryH]

Great stuff Kimmy, well done and thanks for letting me know. Its very helpful to get some feedback on the reactions from the courts. Cheers:).

 

Could you possibly post the wording of the order please? Thanks.

[kippy2]

no probs gary h.

 

to the claimant etc etc.

 

"upon the courts own motion, the Court has made this order of its own intitiative without a hearing. if you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

unless the defendant do by 31st march 2007 comply with paragraphs etc of the order of 8th jan 2007, the defence shall be struck out and the claimant may enter judgment for the sum claimed plus interest plus costs..

 

dated 19th march 2007"

 

 

just a little note i only hand delivered your letter last friday 16th march!(due to me not pulling my finger out! :o whooops! naughty me!) so court order was damn quick 19th monday!!! but only received today due to snail mail....23rd march.

 

but hey worked a treat! thanks a lot

[GaryH]

Great, thanks Kimmy. One more thing, which court is it?

[kippy2]

ive pmed you my court. thanks so much for brill letter.

[GaryH]

Oh yes - I got it, thank you.

[kippy2]

well well what a surprise [problem] havent complied with the judges latest order! ive heard nothing from them at all. tried phoning but no luck. what a total sham these lot are. and if they tell the court theyve paid me they cant have as the accounts are closed! im raring to go into court office on monday or today if have time.

[GaryH]

Thats ok, don't worry about it - just enter judgement. In fact now you can also request costs, so if anything its beneficial to you that they haven't complied!

 

Fill out a request for judgement with your claim details and amounts - http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf. Attach a copy of the order too.

 

Also, compile a schedule of your costs in preparing your case and request that the judge orders that the defendent pays them on the grounds that they have behaved unreasonably. See here for details - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

 

File it at the court on Monday then watch SC&M squirm!

[kippy2]

thanks for that garyh. will do on monday. [problem] squirm that i would love to see

[kippy2]

well garyh letter did the trick(thank you) . my judge ordered them to comply by the 31st march! received today 2 cheques dated 30th march! and the other one isnt due for a hearing until may.

off to write my letter to court again garyh's

 

thanks guys

[Isiris]

Dont know if it was court bundle but this is about SCM and ignoring requests

http://www.consumeractiongroup.co.uk/forum/general/79468-high-court-bailiffs-recover.html#post701595

[Alan Rose]

Gary

Just to inform you that your letter above does work, or at least it seems to have in my case, had a letter from the court after advising them of non-compliance from [problem], informing me that unless they have complied with the judges directions by the 18th April 2007, then the court would strike out there defence

 

Thanks Very Much

 

Regards

 

Alan :)

[GaryH]

Fantastic. Great news Alan, thank you for letting me know.

[Amy1471]

Hiya Gary,

 

I was hoping you would be able to help. Iv been reading through alot of the information and im still a bit confused. Sounds stupid i know!

 

Im ready to file my court claim since Lloyds have fobbed me off with a standard letter saying there charges are not default charges bla blah blah. This was after my letter before action soooo.....

 

I have just printed off a load of info from this site to read through, several times to get my head round it. Iv also printed off the N1 form. Now is this the form i now need to fill in and send off to the small claims court? If so is this just my local court or is there a specific address i need to send it to? Also am i correct i also have to send a summary of my charges with the 8% interest added which i can get off the spreadsheet template?

 

Sorry to bother you with all this just im a bit confused and just want to make sure i do this right, as i know alot of people are having difficulties with Lloyds. I have already claimed with HSBC before and won the case after my letter before action so i never had to do all this last time!

 

Thanks again

 

Amy

[potterlogo]

Hi, very new to this site and already feeling more confidant about where we are and what we doing. We have just sent off witness statements to [problem], having not recieved anything back on list of documents. We are having to go fast track. Our court date is in June. Thank you to all who have encouraged me to stay on task.

[sveng]

Hi, am sending 1st non-compliance letter to SC&M today.. I hand delivered my bundle to them & court on Friday (the address for SC&M is actually a LTSB office building & they were most unwilling to take it since a package 'scare' at the Andover office).. Needless to say have received nothing from them. All proceeding as textbook so far

[amber_ellie]

Huh! Trying to send my letter via fax. Guess what??? They are constantly engaged .

 

EDITED:

Update: Just been accepted via fax. Off now to send hard copy by recorded delivery plus copy to Courts.

[mattyb13]

I sent the non complience letter which they received last friday and got paid today.

 

Im was due in court in a week, so it may have worked

[amber_ellie]

That's what happened to us. Well Done - congratulations!

 

I followed Gary's instructions and faxed the letter and then sent it by recorded delivery. The money was paid into the account the next day with a letter advising they would pay by the next day. Definitely seems to be working. Incidentally we had our court bundle returned by the court yesterday saying "claim struck out after reading claimaint's letter".

[GaryH]

Excellent! Which court by the way?