tina9776 v LTSB

[tina9776]

Also GuidoT, I can't get the T&C's, they are banned from my work - they may be useful if I do have to turn up in court. Any chance you could email them to me?? Please......?

[GuidoT]

GuidoT, try not to faint but I have already posted on the Lloyds court dates, you see - I'm learning!!!

Quick question, Lloyds have until 8th August to serve a response to my schedule in which they have to state in respect of each item claimed:

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon:

b) Whether such 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 Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the tru cost of dealing with the matter was;

e) Any witness statements;

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

 

Has anyone had the same and if so, did Lloyds respond by the time they were supposed to with everything asked for above?

If Lloyds do not respond by 8th August, what should I do?

 

Very grateful for any help.

 

They never comply and you can apply to have their claim struck out and judgement and then you get paid. This is what happended to me, in case you have missed it see my thread (post 92 onwards):

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-5.html

[tina9776]

Thanks Guidot, I looked at your thread but it does seem different to mine as you had to do an AQ, which I have not, and also they were granted a stay which has not happened to me. on the N157 I was sent, although it says that Lloyds have until 8 August to file and serve a response to my schedule, it doesn't say anywhere what will happen if they don't. I'll wait until 8th August I suppose and then ring the court and ask what happens next?

[broke dave]

Tina,

 

Sorry only just picked up on your questions. With GuidoT guiding you your OK.

Could luck - I'll be looking out for ****WON****

[Muffintop]

OMG TINA where did you get all the info for your court bundle from, did you print off the whole dunlop doc 3 times? its huge.... did Guido e mail you the t and c's and if so would you be able to mail over to me? Iv just sent in my aq and draft for directions. not sure what to expect next. skeggsy x

[Muffintop]

Hi there, I am also claiming on a business account but am very unsure of what I can and cannot include in the bundle. I also have no terms and conditions for the business account. Could someone please help?

Tina

Tina whats the link for your business acc thread? I also have a business account to do and have hung back as there are differences and was a bit phased by Lloyds. skeggsy

[Muffintop]

Tina wanted to tell you I got an offer today from **** if we agree to terms.. skeggsy nailard v lloyds

[tina9776]

Hi Skeggs, that's great you got an offer. I have been paid for one of my accounts, the least of course which was £150. I still have 3 outstanding, one for the business account and 2 for the joint account. They have written on another saying that they are considering settling but asking for more details which I faxed and sent registered post, so we'll see. I saw a post from someone saying that SC&M have stated that they are not paying any more claims at present. I am going to ring the court at lunchtime to find out if they are granting stays as Lloyds should be responding to my schedule by 8th August in lieu of my court case on 10th September. I'll let you know what they say.

[tina9776]

I have posted my court dates on the Lloyds Court dates thread already, I have one for 10th September which is for the largest amount, ££3,157.37 inc. MCOL fee and interest. I was asked to send my statement of evidence, etc, by 18th July which I did. Lloyds were asked to serve a response to my schedule by 8th August which they have not, as yet, done. I rang SC&M and they said that all claims had been suspended. I told them that no stay had been applied for in my case at the county court. They then said that in that case it would go to court.

Could someone please tell me what I should do if they do not reply as directed with their response to my schedule. Do I ask for a request for judgement and is there a letter somewhere on the forum?

Grateful for any help and I have posted this on my thread too.

Thanks - keeping my fingers crossed.

[Muffintop]

Oh Tina you have had a long fight, I so hope things go well for you and are not blighted by the recent oft situation. skeggsy

[GuidoT]

On the 8th August when invariably Lloyds do not file their document, ensure you send the a letter to the court asking for their defence to be struck out:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-6.html#post812256

[tina9776]

Thanks again GuidoT,

I've copied your request for judgment and am all ready to send it. I spoke to the court this afternoon to check if they had received anything. The guy I spoke to was charming and said that I should ring tomorrow and check whether anything had arrived in the post. If it hasn't then I'll send the letter off in tomorrow's post.

Another quick question - when I request for judgment, how do I work out what the additional interest charges are - could you tell me in layman's terms as I'm not very good with figures. Also, your last paragraph regarding "abuse of costs". Do I definitely want to do this and what exactly would these costs be?

Thanks so much for your help - again!!!

[tina9776]

Skeggsy

Thanks so much for all your support, I feel as though I am nearing the end and trying to feel positive as Lloyds have not applied for a stay on any of my cases so far. I'll keep you updated on my progress!

Tina

[GuidoT]

Thanks again GuidoT,

I've copied your request for judgement and am all ready to send it. I spoke to the court this afternoon to check if they had received anything. The guy I spoke to was charming and said that I should ring tomorrow and check whether anything had arrived in the post. If it hasn't then I'll send the letter off in tomorrow's post.

Another quick question - when I request for judgment, how do I work out what the additional interest charges are - could you tell me in layman's terms as I'm not very good with figures. Also, your last paragraph regarding "abuse of costs". Do I definitely want to do this and what exactly would these costs be?

Thanks so much for your help - again!!!

 

The daily interest sum should be included on your claim form. You multiply that daily sum by the number of days between when you filed your court claim to the date that you request judgement.

 

No need to add in the abuse costs part if you do not want to.

[tina9776]

Well, I rang the court at lunchtime and, surprise surprise, no response to my schedule has been sent to the court. I have made a request for judgement which I sent recorded delivery with a copy to SC&M, also recorded delivery. Apparently the district judge will not be there now until Monday so I will ring again then to check that they have received my letter of request and ask their advice as to what the next step will be. Has anyone found that a request for judgement has speeded up their process or is it likely that the judge will simply give Lloyds more time?

[tina9776]

Re: GOT A COURT DATE? Important, please read......

Quote:

Originally Posted by pupil

Although Lloyds TSB settled and put the money in my account the court case went ahead because they left notifying me until the last minute and when I rang the courts to check that they had received my letter telling them of the settlement they hadn't.

A number of items of information came out of this.

1/ There was a representative there from SCand M (not for my case which they presumed was not going ahead but for others). he told me that Lloyds were not going to make any more payments until after the test case.

2/ SC and M were turning up at court to request stays on all cases. By the smile on face as he came out from seeing the judge I guess he was successful on the day.

3/ If they were not granted a stay and the decision went against Lloyds they intended to appeal after the test case.

4/ I asked the judge to consider awarding costs for my time etc as Lloyds had never submitted a bundle and their letter of settlement was dated 23rd July - the date by which their papers should have been submitted therefore they clearly had no intention of defending

5/ The judge was not convinced that Lloyds had acted unreasonably. He mentioned the test case more than once and I suspect that he did not want make any controversial decision while that was pending.

6/ I felt that he was also taking into account the fact that LLoyds had settled. He did check that their payment had included court fees which I felt he would have awarded if necessary.

 

That's very interesting and also rather depressing! Lloyds were due to respond to my schedule to the court by yesterday, 8th August. As they had not I sent a letter to the County Court, copied to SC&M, requesting that their defence be struck out and judgement made in my favour as they had not complied with the order. What I find really annoying is that if they are going to turn up at each court case and request a stay, they could do this by writing to each court regarding each case. My guess is they know that we will be nervous at the thought of going to court, spend a sleepless night the night before going over and over our case and then get there to find they're requesting a stay.

Could someone advise as to whether they are definitely not settling any more cases and should I ring my local court and tell them that this is what SC&M are saying and in doing so maybe the judge will strike out and rule in my favour as surely this is an abuse of the judicial system?

Grateful for any input as REALLY DON'T WANT TO GO TO COURT - SCARED!

[tina9776]

Well, I said I really didn't want to go to court as I was scared and it's a case of "be careful what you wish for". I rang the court at lunchtime today and they said that I will receive a notice in the post tomorrow to say that in light of the oft case an application for a stay has been granted to the defendant. The guy I spoke to said that I can apply to have the stay lifted. Has anyone done this and succeeded and if so, what did they write. Otherwise I suppose I can do nothing until after the test case decision. Does anyone know when that will be?

On a lighter note, my husband has had a letter from Foote Anstey (solicitors for Lloyds business) settling his claim in full on his business account.

Would be grateful for any comments/suggestions/commiserations, etc.

I assume they'll do the same for my second claim which has a court date in October - maybe this time I shouldn't apply for a request for judgement and just wait until the court date? Also perhaps I shouldn't have sent a copy of the request to SC&M. So difficult to know - it's a lottery!

[tina9776]

I got a call from the Clerk of the court today on the judge's instructions following my letter asking for the stay on my case to be lifted. she said that the judge had informed her that I would be liable for all costs for an application for a stay to be lifted should it not be granted. She said that all cases of this kind were being stayed until after the Test case. She did also however say that the Test Case starting in Jan/Feb should last around 6 weeks. Also that if lost the banks were likely to appeal. However, as there are hundreds of thousands of cases pending, the appeal would be fast-tracked for around June and a ruling should be made by September of next year at the latest. She said that the Judge was very keen that everyone knew that it would not take up to 2 years as has been bandied around, but should be less than a year.

Anyway, on that advice I have asked them to ignore my letter for the stay to be lifted and they will keep all my details on file.