bad head and getting worse round 2 ***WON!***

[christinajanep]

when i spoke to the lady at the court she said lloyds have repsonded to the disclosure notice with a breakdown of how my charges were made.

[Curlyben]

OK rather than beating this up we need to wait and see EXACTLY what they have supplied.

It could very well be a complete breakdown of how the charges are arrived at, or simply a list of all the charges.

We DON'T know yet.

 

Christina, when you Do get a copy can you please post a scan for all of us to read.

Ta Much.

[christinajanep]

hi curlyben.

 

i should have a copy by thursday or friday, my court is about 5 mins from me but they wouldnt let me collect a copy or run down and have alook at what [problem] had sent

[Bookworm]

3 threads merged, pls stay on 1 thread per claim, it doesn't help if noone can see the background and progression of your claim.

[christinajanep]

ok thankyou

[GaryH]

They might have submitted something but it doesn't mean they will have actually complied with the order. I'd find that very hard to believe and it would mean they have disclosed internal costs information which they refused to disclose to the treasury select committee, as well as the OFT initially and also every court in the land at some stage or another.

 

I'd bet that this is just a pathetic token gesture, not much more than merely a schedule of charges, just to keep up the charade for a bit longer. If thats the case then you should complain to the court that they haven't complied and request a strike out just as if they hadn't submitted anything at all.

 

Have you got a scanner? If not can you post me a copy of it when you get it please.

[christinajanep]

i know you all think i am being thick and worrying over nothing but i asked her so many times to clarify what had been sent to the court each time in a different wording and everytime she came back to me with the same answer " abreakdown in charges"

[flowerofsarum]

subscribing

[Champnos]

Hi, sorry Christina, it does sound like we are all dis-believing you but its not that. The odds on [problem] sending a breakdown of what a charge includes seems not likely especially as they have been asked many times, but you may just be the first, someone has to be! They really cant justify it though so lets not worry too much, lets wait and see what it shows when you get it

[christinajanep]

feeling slightly ganged up on right now, your right this could be something so stupid but when your told they have sent in a breakdown of charges what am i supposed to think

[GaryH]

Well whatever it is there's no point in worrying about it at all - wait until you've seen it first.

 

The order requires them to provide details and a figure for how their charges are calculated. We all know they are automated and cost no more than, say, £1.00 per item, so either; a) they provide an accurate figure - congrats, you win! , b) they fabricate something to make their charges appear proportionate - as if, not when it'd have to be verified with a statement of truth!, or c), they don't actually comply at all - just submit a pathetic token gesture - see above.

 

Relax!

[christinajanep]

ok

[christinajanep]

got my letter from the court this morning confirming court date for the 10th september, but nothing else

[Champnos]

How can you plan your case without a copy of their defence? ring them and get them to fax it over or send it out. Ask why this has not been sent out.

[christinajanep]

they have given there defence but i had a disclosure notice awarded which they have to reply to by wednesday, they said the paperwork relating to the disclosure notice had been sent, but nothing

[Champnos]

Oh, maybe it will come tomorrow or soemthing, maybe it wasnt sent out at same time as court letter.

 

This will be very interesting!

[christinajanep]

the funny thing was the court even said they had replied to the disclosure notice, but never got anything back from them regards to it, i know lloyds wont do anything about it,

as a court date has been set if they havent responded to teh disclosure notice can i still apply for judgement

[christinajanep]

hello,

 

lloyds have until wednesday to respond to the disclosure notice, if they dont pls can u tell me the next path i have to go down and a little about what it involves.

 

thanks

christina

[GaryH]

Here you go. Fire the first one of these off to Lloyds on Wednesday (or even put it in the post on Tuesday perhaps) with a copy also to the court, then 7 days later send the second one to the court with a copy to SC&M.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html#post485266

[christinajanep]

ok thankyou

[fzrkitten]

Hi - GaryH, this is the bit I don't like about the letter mentioned above - giving Lloyds 7 more days! Christinajanep and me are at exactly the same stage, both weds for us. But it's grating with me giving them another 7 days!

 

Fzrkitten.

[christinajanep]

tell me about it, i've had enough already but i guess we have to conduct this properly other wise it'll look real bad on us,

i'm hoping this cant drag on much longer now, we have our court date set for september

[GaryH]

Hi - GaryH, this is the bit I don't like about the letter mentioned above - giving Lloyds 7 more days! Christinajanep and me are at exactly the same stage, both weds for us. But it's grating with me giving them another 7 days!

 

Fzrkitten.

Yours may be slightly different. If you look at Christina's order below, unfortunately it does not have a strike out clause attached in the event a party does not comply.

 

the following directions apply to this claim:-

1) the claimant shall within 14days of service of this order send to the defendent and to teh court:-

 

a. A schedule setting out each chare the claimant seeks to recover showong the date, amount and the reason given for that charge being made.

b. A secure bundle of the copy bank statements or other documents relied upon as showing that each and every charge has been made, with each page of the bundle clearly numbered.

 

c. A statement of evidence of all the matters relied upon as showing that the charges are irrecoverable as penalties or otherwise.

 

d. Copies of decided cases and other legal materials to be relied upon.

 

2) The defendent shall within 14days thereafter send to the claimant and to the court a response to the claimants schedule stating in respect of each item claimed.

 

a. Pursuant to what contractual provision such charge is accpeted to be a penalty and if not why now,

 

b. whether such a charge is accepted to be a penalty and if not why not

 

c. if such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions whether or not such action is treated as a breach of contract between parties, all facts and matter intended to be relied upon as showing that such was a proper estimate of suchloss and all the evidenceto be adduced at trial as to what the true cost of dealing with the matter was,

 

d. if such charge is not alleged to be a pre-esitmate of the defendants loss incurred by the claimants actionsthen facts and matter intended to be relied uponshowing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable

 

e. any witness statements

Most do have a strike out clause - so check your order. If it says "If the defendant does not comply with this order the defence will be struck out without further order" at the bottom of section 2 then the defence will be struck out. In that case, just send this letter to the court on Wednesday. Do not give an extra 7 days and do not give SC&M prior warning -

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html#post757475

[fzrkitten]

Thanks GaryH, fantastic. I didn't realise that. I'm at work at mo, not got order with me, but I have a sneaky feeling mine might be same as Christina's unfortunately for us, but I will check as soon as I get home (if!). We are only a town apart, so our orders are quite similar.

 

Thanks again,

 

Fzrkitten.

[fzrkitten]

Hi Christina/Gary,

 

My order is exactly same, no strike out at end. Thought so, we are in same boat, so will be sending same letter as you on Tuesday!

 

BW,

 

Fzrkitten.