lloyds charges had this in the post

maka_2

just had this in the post this morning from the court( i first asked for my charges back in april 06)

To the claimant

All parties have agreed ( i have not agreed anything)

District judge beattie orders that this claim is stayed until 12th sep to enable the parties to attempted settlement.

On or before 26th sep one of the following steps must be taken:
Either
the claiment must notify the court that the whole of the claim has been settled
OR
the claiment or defendant must write to the court requesting an extenstion of stay period, explaining the steps being taken towards settlement and ientifying any mediator,expert or other person helping with the process. The letter should confirm the agreementof all the other parties
OR
all parties must file a completed allocation questionnaire at the court ( i have already done this form)
where a settlement of some of the issues in dispute has been reached, a list of those should be attached to the completed questionnaire.
the list must be agreed with the other parties and must indicate that it has been agreed.
this order was made on the courts own initiativepart 3.3.(4) if you object you must make an application to have it set aside within 7 days.

What do i do from here it has been going on for months and from what i can see the judge has let lloyds have another month.

as this happeded to anyone else? this as been going on for sometime now.
lloyds made it clear they were not going to refund me the charges hence me taking them to court. but the judge as given them more time i just dont understand it, it has been going on since april 06 and i am no closer to getting my charges back

file_wizzard

Interesting, I am presuming you didnt tick the box on the AQ for extra time, so it looks like the court is getting fed up with dealing with these type of cases and is trying to encourage both parties to settle without further court involvement.

You need to do one of three things,

1) contact the court and apply for the stay to be lifted
2) contact the defendant and agree settlement
3) contact the court and apply for the stay to be extended, if you or the other party don’t do this, or achive settelement using a mediator it looks like the judge is saying that he will strike out the case after the 26th September.

I personally would apply for the stay to be lifted as this order is a cop out for the court, however you really need to post this over at the consumer action forum

maka_2

i cant log on to the forums it comes up welcome maka and then refreshes and askes me to log in

meerustar

I've a feeling that the bank will pay up before you go to court as they won't want to set the precedent, however, like flie wizard has said, try the CAG forums again.

Good Luck and let us know the outcome

file_wizzard

meerustar wrote:

I've a feeling that the bank will pay up before you go to court as they won't want to set the precedent, however, like flie wizard has said, try the CAG forums again.

Good Luck and let us know the outcome

The worrying thing here is that the District Judge is effectively saying he is not interested, and that the parties should resolve without further involvement from the court.

I think if what is being stated by the OP is correct he should apply for the stay to be removed forthwith.

maka_2

just been on cag some person as replied saying he things lloyds will settle anytime soon but he did also say he was new to this all.

i am so worried now because this could be a waste of £80 in court fees aswell

lisaflower1980

I always thought that if you don't get a response within 14 days you win by default. Did the defendant reply withing 14 days?

file_wizzard

The defendant will have 14 days to enter an acknowledgement, providing this is done they will then have 28 days from the date of issue to file an admission or defence, if they do not file within 28 days you can then apply for an order by default.

In this case the OP has probably recived a defence from the defendant and upon allocation the District Judge has made to above order to stay the claim with the conditions outline.

It is imperative that the OP completes the actions requested, if no further action is taken by either party then the judge is liable to order to strike out the claim