Judgement by Default?-Lloyds

[carlyt123]

Hi,

 

I have come across something new this time and am not sure what will happen next?

 

Basically, I have been through all the steps with LLoyds. I never received any letters of statemnts from them and had to make an estimatd claim on MCOL.

 

Again received nothing from Lloyds and entered judgement by default on 8th June and have received confirmation from the court. I have been trawling through the site and most people say it is unlikely I have won and that the court usually give the banks more time to file a defence. Then today the statements have finally turned up.

 

I have a link on MCOL that says warrant. So my basic question is what do I do next and what should I expect to happen?

 

Would be very grateful for any advice.

[sempei]

I believe that you can force the Judgement now as the Judge has ruled that LTSB has defaulted. This is a cost that can be reimbursed £55.00

I would contact sechari, Mitchell & Clarke LTSB solicitors and state that LTSB has been found in default and they need to advise their Client to pay.

[nicsussex]

I never received any letters of statemnts from them and had to make an estimatd claim on MCOL.

 

Not really the best way of starting legal proceedings against a major financial institution.

[carlyt123]

Well I had been sending them letters to try and get the statements since last August and they just kept fobbing all my calls and letters off.

 

I asked on this site and was old to make an estimated claim, so that is what I did. I didn't really have any choice, as the obviously were never going to provide them, no matter how many letters or cheques I sent.

 

What do you think I should have done? Will this effect my claim negatively do you think?

[nicsussex]

You should have claimed against them for non-compliance of the SAR? How much is your claim for?

[carlyt123]

The estimated claim was for £1000, but now I have actually got the statements so I can properly work it out, but haven't had time yet.

 

I did wonder if maybe £1000 was way less than we were owed and this is why they had just let it go, but I suspect now that is not the case!

[nicsussex]

Seeing as you now have the statements you should really work out what the charges actually are before proceeding further.

[carlyt123]

Okey dokes, first thing tomorrow I will work out the real amount and perhaps call the court.

 

Thanks a lot.

[carlyt123]

Hi All,

 

So I have now worked out that my charges are actually £550, substantially less than I have claimed.

 

How should I proceed? I am a bit nervous to phone the court or Lloyds as I am not sure what happens in this situation. I still have the judgement showing on mcol and the warrant link is available so it seems there has been no change, but I am a little worried to call the court when I really am not sure what to say.

 

Any help much appreciated.

[christinajanep]

as it hs gone that far i am not sure your able to ammend the claim, it is always very risky estimating your charges as this is what can happen and not something i think people would recommend, i would seriously think about calling the court on monday and get there advice unless someone comes back to u on here with other advice

[GuidoT]

When I obtained judgement I wrote to SCM with a copy to Lloyds' head office giving them 7 days notice and they paid in 5 days, this is the letter:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-7.html#post921936

 

Although I do not generally advocate making threats you will not undertake, I would not apply for a warrant. As your claim is estimated and you know it is around twice the sum it should be for, I would abandon the claim and start over for the correct sum.

[broke dave]

But what is the worst that can happen by executing the warrant. Surely it is now too late to put a defense in of, "we don't owe that much." They have had ample time to do this

[GuidoT]

I agree they have had sufficient time to defend, providing the claim form was served properly.

 

If the £1000 was correct then I have would no difficulty with warrant.

 

A fee of £55 could be lost.

 

It is really up to the claimant to decide. My difficulty was that if I ended up in front of a judge and the £1000 to £500 issue came out, it would be a very uncomfortable situation.