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soulfingers v Lloyds TSB ** WON **


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My date in court is coming up next wednesday. I sent in my bundle to the court and a the Witness Statement with document list to [problem] within the 14 day deadline.

 

I havent heard anything from the Court or [problem] (they havent sent me their documents- although they did submit a defence initially).

 

Do I just turn up as originally planned??

or do I write to the courts, telling them that I havent had any defence documents from [problem]?

 

help appreciated. I'm worried they might stay my case.

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Hi soulfingers,

 

[problem] should have either had 14 days from the date you had to submit your bundle, or 14 days before court, whichever your order says, to comply.

 

As your court case is so soon, anyone any advice? Would have normally said non-compliance letters next, but not sure if best way - anyone?

 

BW

Fzrkitten

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I'm in the same boat, sent my bundles in within the allotted time (due in court 13/8/7) have heard nothing from SC&M, I am just turning up in court at due date.

 

Not sure that I want to contact SC&M in case it reminds them to apply for a stay.

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If it was me I just turn up at court and proceed as normal

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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You must turn up - pretty fair to say that it is highly unlikely that anyone will be there to represent LTSB and even if they are they in breach of the court order to submit the documents they are relying on -m smart money would be on a settlement early next week. But best to assume that you will have to attend court and prepare for that eventuality.

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Hi Soulfingers,

Do you think SC and M would contact you if you forgot to send your bundle in by the given 14 days, I think Not!!

 

Just turn up at court armed with everything you've got and apply for a judgement by default when they don't appear. But as Nic said expect a settlement early next week.

 

SwissT

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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thanks guys! I did as you said...

 

I just sat it out, after no settlement offers- I turned up, they didn't, court ruled in my favour after a little talk about possibility of putting in a stay. I was given the opportunity to comment on this and objected saying that as they were absent it was unfair to give them more time as I had already prepared my case before the OFT announcement (my 14 days deadline was 2 days before it). I asked if the judge would consider hearing my case in their absence today.

 

I dont think he had the time or desire to listen to my long presentation so he just ruled in my favour and drew up a court order on their ass!

 

:D

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I could not have got this far without the help from CAG members and the admin team who kindly sorted me out with a good bundle template.

 

It takes a while getting your head around everything to remember but once it clicks it clicks. Its a bit daunting going on your own so I'll be happy to help anyone else going in at the moment.

 

I noticed Barclays and Alliance & Leicester were putting in for stays at Shoreditch and Clerkenwell this morning. I was lucky [problem] didnt both sending in some Sharks to do this with me!

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Hi again,

 

WELL DONE!!!

I would now ring S,C and M and ask for settlement of the debt granted to you in judgement. If they don't seem interested, post details on here for further advice. I'm pretty sure that payment will swiftly follow as they need the courts on their side at the moment with regard to "stays". Once again WELL DONE for sticking with it.

 

SwissT

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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thanks Swiss Toni!

 

I just called them but they had already shut for today. Will try tomorrow. I'm hoping the court will send me a letter of confirmation so I know Iwasnt hallucinating. It happened so quickly I dound it difficult to understand the Judges language, it was so high-brow and intimidating it made me feel like being in front of the headmaster in school again! lol

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  • 2 weeks later...

I finally got the written judgement on Friday. I did as GuidoT said, but I faxed this to [problem] this morning and it was in my account this afternoon!

 

WOOOHOOO!!! :D

 

THANKS TO ALL AT CAG!

 

I'm only a bit peeved the court only awarded £50 for my costs when it was £80 to file the claim and I spent more than £20 on paper plus time spent preparing case. but nevermind- I'll be getting more charges back after the OFT case I hope... the buggers have been charging me since the case began (I asked for this to be considered in court but judge said I'd have to make a seperate claim)

 

All the above aside, I'm still absolutely delighted with my win and thanks again for support and assistance!

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