Zsazsa's Mum v Lloyds - Mercantile

[GaryH]

Just e-mailed you.

[zsazsa]

I must be seriously thick but I'm sorry to say the form N265 - statement of disclosure is slightly confusing!

 

Just exactly how much of that do you fill an - does anyone know please?

 

Many Thanks for any help!

 

Zsazsa

[GaryH]

Most of it won't apply - the most important thing is the statement that you have carried out a search and disclosed all relevant documents, etc and the signature.

 

Here - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/9556-davidc-lloyds-tsb.html#post555989

[zsazsa]

Hi all - I could do with some help regarding the WITNESS STATEMENT please if anyone can....?

 

I have a copy of the witness statement - kindly supplied by GaryH - Thank you Gary - but I'm just a little confused by one thing.

 

In my witness statement I refer to exhibits - According to a helpful lady at the chancery department in Leeds, when I refer to these (ie particular clauses in T & C's) in my witness statement I need to send a copy of any exhibit WITH my witness statement - so will this document, when finished run into lots of pages? Basically is it a similar size to the court bundle with then exception of statement copies & letters?

 

I'm sorry - I know it's probably quite thick but at this stage I don't want to make a mess & just need a bit of re assurance.

 

many thanks...

 

Zsazsa

[GaryH]

Not thick at all.

 

I'll e-mail you an index with links to all the exhibits referred to in the witness statement (have I not e-mailed you the index already?). I would have thought the disclosure of documents which you have already provided in response to clause 2 would have been adequate, as thats all the order asks for, but obviously if copy docs is what they told you to provide then obviously you need to provide it. It will run into quite a few (hundred!:o) pages, unfortunately, and yes that will be your court bundle.

 

Can you PM me your e-mail address again, I doubt I'll be able to find it.

 

Remember to keep track of how may hours you've spent on preparation, etc and keep receipts for paper and stationary - your in the Mercentile so you'll be able to claim costs upon judgement/settlement.

[zsazsa]

Thanks Gary - I'll call the chancery department again & just double check that the witness statement document they expect to receive would really need to be so thick or if the disclosure list would cover those points referred to.

 

I checked with them yesterday as to whether they'd receieved anything from LTSB & as previously thought nothing what so ever. Not a jot in fact, so I mentioned that I'd be including a letter to the Judge advising that LTSB hadn't comlplied with any points on the order. The lady speaking to me wasn't surprised about that but was surprised they hadn't already settled & this was still going on. I also referred to my previous cockup witht he disclosure & she confirmed they'd received the correct one I'd sent in & that my initial mistake had been over looked as it had been corrected, so that was a bit of good news at least.

 

I do have the index that you sent me so won't need to put you to extra trouble on that score.

 

Thanks again Gary, your help is greatly appreciated - Thank you.

 

Zsazsa xx

[zsazsa]

Ohhh Gary! - another query - I'm sorry to be a pain & promise to go away soon!

 

Witness statement - Breach of contract - unfortunately my mother's LTSB account pre-dates 1998 considerably & she can't remember what the original overdraft limit was - although I do have the figure that applies currently - shall I modify that section to show that the figure is the current overdraft limit - I know she always had one - but obviously the amount has risen over the years the account has been operated.

 

Also - after speaking to the chancery department in Leeds again I think I've sorted that.

 

I explained that although the witness statement refers to exhibits (which will be shown in full in the trial bundle & referred to in that index) the specific points were printed in short in the witness statement. She seemed to think it was okay to just do that as opposed to sending the full court bundle in at this stage.

Although she did say that the judge was used to reading/skimming massive amounts of info in bundles & a few hundred pages wouldn't faze him -after finally understanding what I'm doing I can't see why they'd need a duplicate in effect, of the things I've said I'll have with me in court (in my disclosure list) & that will also be printed in full for the court bundle. Seems like printing ink & paper that doesn't need to be used.

 

Zsazsa

[GaryH]

Yes, the current limit is the one you need anyway.

 

Was it a Lloyds account or TSB originally, just out of interest?

[zsazsa]

Errr - Lloyds as far as I know - they just keep spending the overdraft fees on updating the local bank! Looks nice - nowhere to sit though - standing room only! LOL

[zsazsa]

Oh Hell! Stuck again!

 

At the end of witness statement to the maths bit. I normally haven't a problem with this but I've tied myself in knots. The original claim was 4655.40 plus interest which was 1073.09 - total 5728.49 with court costs on top. LTSB made 2 payments totalling 4290.98 so I'm still claiming for the balance & the unpaid court costs which is 1518.89 plus 400.00 costs.

 

On the spread sheet I deducted the 2 payments from the charges column as opposed to interest column first (judge said lawyers reduce interest over capital but I couldn't work out how to do that at the time - i guess that's so the full capital keeps accruing interest). However now I can't quite work out exactly what I should put in that bit below...

 

a) Charges in the sum of £XXX (original claim £4655.40 as particularised in the Particulars of claim).

b) Interest at the rate of 8% per annum under County Courts Act 1984 s.69 in the sum of £xxx until 26/01/2007, and further the daily rate of £1.02 thereafter (as particularised in the Particulars of Claim);

 

Could anyone help please? Thank you,

 

Zsazsa-

[Caracall999]

Hi there,

 

I have appealed against Llyods TSb request to stay the case I have taken on for a friend on the grounds that they delayed excessively (had they not delayed the case would have gone to court or been settled before the OFT cop-out) AND that some weeks before the OFT cop-out the Bank`s solicitors sent a letter stating `we are minded to settle`. They asked for further explanation regarding calulation of the amount owed and again delayed excesively. I am arguing that the agreement between OFT and major banks was never intended to include cases which had already begun to settle and that the Bank should now not be allowed to hide behind what was a subsequent decision and that Bank should honour their offer to settle, in the interest of justice and fairness. The great news is that the court (Watford Cointy Court) have allowed my appeal and I shall be there this Friday 15th Feb 2008 @1400 - Case ref is J Turnbal V Llyods TSB. Anyone with any advice or wanting to offer some support on the day please come along. EDIT- Cheers Fred Best

[caro]

Oh Hell! Stuck again!

 

At the end of witness statement to the maths bit. I normally haven't a problem with this but I've tied myself in knots. The original claim was 4655.40 plus interest which was 1073.09 - total 5728.49 with court costs on top. LTSB made 2 payments totalling 4290.98 so I'm still claiming for the balance & the unpaid court costs which is 1518.89 plus 400.00 costs.

 

On the spread sheet I deducted the 2 payments from the charges column as opposed to interest column first (judge said lawyers reduce interest over capital but I couldn't work out how to do that at the time - i guess that's so the full capital keeps accruing interest). However now I can't quite work out exactly what I should put in that bit below...

 

a) Charges in the sum of £XXX (original claim £4655.40 as particularised in the Particulars of claim).

b) Interest at the rate of 8% per annum under County Courts Act 1984 s.69 in the sum of £xxx until 26/01/2007, and further the daily rate of £1.02 thereafter (as particularised in the Particulars of Claim);

 

Could anyone help please? Thank you,

 

Zsazsa-

 

Hi Zsazsa.

 

I was just wondering what happened in this case in the end. I see you were online the other day so hope you see this.