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Mr. K vs Lloyds TSB


Mr. K
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I am claiming back just over a thousand pounds worth of unfair bank charges from Lloyds TSB and I have been following the steps in the FAQ's. I recently had a letter from Lloyds' solicitors stating that they wished to enter into settlement negotiations and requesting (another!) full list of charges.

 

I've received the following letter from the courts this week. I'm not sure what they're asking for - do they want yet another list of charges? :???:

 

Thanks for your help! :-D

 

General Form of Judgment or Order

 

Before DISTRICT JUDGE MURDOCH sitting at Wellingborough County Court, Lothersdale House, West Villa Road, Wellingborough Northants, NN8 4NF.

 

Upon reading the documents filed and upon it appearing that there are many similar cases proceeding in this Court which do not come to trial, and upon recognising that the Count’s resources are finite and of the Court’s own motion

 

It is ordered that:

 

1. The claim is not allocated to a track but will be allocated when directions are given pursuant to paragraph 8.

 

2. Allocation questionnaires are dispensed with but the Claimant must pay the allocation questionnaire fee of £100.00 if the claim is more than £1500.00 within 14 days of service of this order on the Claimant.

 

3. The Claimant shall by 5 September 2007 file and serve on the Defendant a schedule setting out each charge of which the Claimant claims repayment, together with an explanation of the basis on which the Claimant claims that each charge is unlawful or any other basis on which the Claimant claims repayment.

 

4. If the Claimant fails to comply with paragraph 3 of this order, the claim will be struck out without further notice.

 

5. The claim shall be stayed between 5 September 2007 and 3 October 2007 to give the parties an opportunity to reach a settlement.

 

6. If no settlement is reached by 3 October 2007, the defendant shall by 17 October 2007, file and serve a schedule in response to the Claimant’s schedule, stating in respect of each item claimed:

 

(a) pursuant to which, if any, contractual provision such charge was made,

(b) if such charge is alleged to be lawful, the basis on which it is so alleged.

© if it is alleged that the charge is a genuine pre-estimate of the Defendant’s loss incurred as a result of the Claimant’s actions (wheter or not such action are in breach of contract), all facts and matters on which the Defendant relies as showing that the charges are a genuine pre-estimate of loss, including the Defendant’s positive case as to the actual cost of dealing with such actions; and

(d) draft directions for the further conduct of the case, to be agreed with the Claimant if possible.

7. If the Defendant fails to comply with paragraph 6 of this order, the defence be struck out and the Claimant shall be entitled to enter judgment without further order.

8. If the Defendant complies with paragraph 6 above, the matter will be referred to a District Judge for directions.

9. This order has been made by the court of its own initiative without hearing the parties or giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date on which the order was served on the party making the application.

 

IT IS ORDERED THAT

 

Dated 11 July 2007

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