mick v lloydstsb

[GuidoT]

You need to phone the court to clarify matters, at the same time ask if they have received your draft order letter and if you have to pay a AQ fee. They are clearly confused - nothing changed there then.

 

If your claim >£1.5K then fee is £100,

[MickKane]

Thanks Guido the claims just for £400 so guess no payment, will ring the court tomorrow though, thanks.

[MickKane]

Got in touch with the court and they said that i still need to send in the AQ, I have filled in all parts apart from part G.

 

Do i need to put anything in part G given that the court have already given me a time and date and that they have stated that it should take no longer than 10 mins.

 

Thanks again

[MickKane]

Anyone any thoughts if i should still fill out section G

[GuidoT]

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant 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 established since the early 1900's.

- In the event that the Defendant’s 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.'

And attach this:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html#post482191

[MickKane]

Thanks again Guido, is it necessarry to send of a copy of the AQ to Lloyds and the attatchments or not.

[nicsussex]

It is considered courteous to send a copy of the AQ to the banks solicitors

[MickKane]

Hi got my court date settled and its the 23/8/07 just noticed that got to send in my court bundle 14 days before hand to the court and bank, can anyone tell me what from the court bundle to print and send thanks.

[dolly]

Hi got my court date settled and its the 23/8/07 just noticed that got to send in my court bundle 14 days before hand to the court and bank, can anyone tell me what from the court bundle to print and send thanks.

 

I was going to point you to the Court Dates thread but I see you have posted there - someone will be in touch with you soon I imagine.

[MickKane]

Hi just been onto Secharchi r whatever they are called to ask if they intend to settle before the court date, they said no and they are proberbly going to apply for a stay.

 

Anyone know what this means, im also trying to start my court budle to send off to them in the next day or two can anyone tell me what from the bundle is meant to be sent or is it everything.

 

Also I asked them for there court bundle and was told they do not need to send me one is this right.

 

Thanks

[dolly]

What do your directions say from the court about providing evidence?

[MickKane]

Dolly it says

 

1 The partiers must file at the court and serve on the other party no later than 14 before the hearing the following

 

a copies of documents upon which they wish to rely

 

b statements of all witnesses including parties upon whos evidence they rely

the statements shall be typed dates and signed by the witness and stating the he/she believes that the facts stated in the witness statement are true

 

2 all original documents must be brought to the hearing

 

3 the sprties should note that if they do not file and serve documents and statements as set out above then the xourt may decide to admit evidence of the party in default.

[dolly]

Good directions then

 

Basically, it's the court bundle - now Gary told me if I wanted I could just send the Witness statement and index to SCM (but I didn't get directions). The good news for you is that it says:

 

The parties must file at the court and serve on the other party no later than 14 before the hearing...

In other words,you have to send them one and they have to send you one.

 

Personally (and this is only me) I would get it all sent, full bundle. On the day after you should have got your bundle (ie 13 days before court), contact the court and see if you can get the case struck out on their failure to adhere to directions.

[MickKane]

So Dolly is all i have to do is print out the whole court bundle (everything) send with it copys of all my correspondance with the bank and list of charges, thanks again

[dolly]

So Dolly is all i have to do is print out the whole court bundle (everything) send with it copys of all my correspondance with the bank and list of charges, thanks again

 

'All you have to do...'

 

LOL!!! It is quite a bit of work! Make sure you send a copy to the court as well and keep one for yourself.

[BARTY]

Hi

If you post your Court date in the link below, GaryH will tell you what you need to send:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/103945-lloyds-court-dates.html

 

Also have a read of this link regarding the Stays:

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

Barty:)

[MickKane]

thanks dolly dont know what i would of done with out your help, luckliy just got a new ink cartridge, going to need more paper.

[MickKane]

Thanks Barty posted it there yesterday and still to hear back, thought i better get a start with it as its due in this thursday, forgot all about it.

[MickKane]

Ok done my court bundle, when i rang Sechachi earlier they told me they are not giving any early settlements (its only 2 weeks till court date so not early) does this mean that they are going to turn up.

[dolly]

Ok done my court bundle, when i rang Sechachi earlier they told me they are not giving any early settlements (its only 2 weeks till court date so not early) does this mean that they are going to turn up.

 

Who knows? They didn't turn up to one today and the judge ordered in his favour

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/96372-brucey-lloyds-tsb.html

[MickKane]

Well its 14 days before the court date now and Lloyds and the court both have my court bundle, I have received nothing from Lloyds so rang the court up today to see if i can apply for judgement, they said they had also received nothing for Lloyds but I cant apply for judgement as it will be decieded by the judge on the day.

 

I thought you could apply for judgement if they did not send you copies of there court bundle by the time given by the court which is today.

[GuidoT]

If they fail to provide a bundle then no that is not a valid ground for a strike out, unless the judge directs as much, which is unlikely before the hearing given it is so soon.

[GuidoT]

Send the letters here:

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

[MickKane]

Thanks alot guido, the bank also mentioned about applying for a stay, how close upto the court date cane they do this

[GuidoT]

They should apply beforehand, at least 7 days, but it would not surprise me if a judge allowed it to be presented on the day given the unique circumstances and timing of the OFT test case announcement.

 

Certainly some judges are even granting stays even without being requested by the banks; so very unjust.

 

Tell me which court and I may be able to tell you how that court is reacting to stays.