LloydsTSB (merged)

princesskez26

This moring i've received notification of the court striking out the defence on my 2 claims as an abuse of process. It reads;

The basis for this is the fact that the defendant is settling all claims of this nature where the claimants are seeking the reimbursement of bank charges, with no claims proceeding to a contested hearing.

The court considers the authority of Mullen-v-Hackney London Borough Council.

If the defendant objects to the strike out it is ordered to file within 14 days of the date of service of this letter (19th June) a scedule setting out all claims of this type in England and Wales which have proceeded to a final contested hearing and the outcome of such hearings, together with a scedule of all such claims which it has compromised before a final hearing and proceedings have been issued.

Upon receipt the court will consider listing the claim for an on notice hearing of the striking out issue.

In the absence of any such objections being filed in time, the defence herein will be struck out and judgement entered for the amount claimed by the claimant together with the appropriate costs claimable on the small claims track.



Does this sound good for me ? Has anyone else had this ?

Kez

Robinms

Saversam,

how far in the process did you get? Did you have to file a court bundle and all that hasle? Only I've got a court hearing in August, and the idea of preparing evidence is scaring me senseless, as I don't want to mess things up and end up not getting a penny of what after all is rightfully mine!

thanks

sophiecat_2

Kez, It sounds very flipping good!!!!!! I hope that happens to me !! Do you think this is the start of the courts not standing for this whole carry on ??

princesskez26

sophiecat wrote: »

Kez, It sounds very flipping good!!!!!! I hope that happens to me !! Do you think this is the start of the courts not standing for this whole carry on ??

I think so it sounds like they're gettin hacked off with them wastin court time doesn't it !! I hope i get my money soon :j

Kez

saversarn

princesskez26 wrote: »

I think so it sounds like they're gettin hacked off with them wastin court time doesn't it !! I hope i get my money soon :j

Kez

I Can't remember who but someone else had that, sounds like you have a Judge who is fed up with his time being wasted when banks don't turn up.
Good for you girl, this is good news:D

bhoywonder

Why is it so hard to speak to somone at Andover, All the other claims I have with egg, HBOS, Clydesdale all answer their phones however at Lloyds all I seem to get is an answerphone message that is full. It just shows what they think of their customers, not a great deal. Anyway if anyone has any numbers that they have had success with please let me know. Thanks

ronnie3108

sophiecat wrote: »

Hi, i have two cases with Lloyds TSB. Case 1 i entered judgement as they didn`t defend. I asked to be paid immediately. This was two weeks ago now and i have heard nothing. Does anyone know what a reasonable amount of time is to expect payment? Case 2, have just received copy of defence(usual waffle). I am aware i have to pay another £100 although the allocation questionaire is not required. Is this paid to the court now or when a court date comes through?
Thanks in advance x

In respect of the case where you have entered a judgement and were asked to be paid immediately, we were in a similar position. We gave it a week and a half and then wrote to Lloyds (Andover) and also SC&M asking that they settle by 15/06/07. They chose not to respond or pay us, so my partner called both and got the run around from both. He phoned on 14/06 for an update on whether he WOULD be paid by 15/06, and SC&M still stated that they dispute the claim and would be writing to the court to have judgement by default set aside. Not sure whether the judge would look on this favourably since we had issued our original claim on 08/05 and judgement by default was obtained on 30th May So they had had one and a half months to acknowledge/defend or pay. We phoned the court on Tuesday to ask what to do next and were advised that we were perfectly entitled to puruse the money by warrant. So we have issued a warrant to recover the money from our local branch. Be prepared for the same response if you phone SC&M. We decided to write to the court also to advise that if LLoyds try to have the warrant set aside, we want that struck out, as they have had since 30/05 to respond to our court claim and or pay us and as we all know they won't turn up to court to defend so any set aside is an abuse of the court process and a waste of everyones time. That is why it is encouraging to see the post wherehby the judge has asked Lloyds to provide details of ALL cases that they have turned up to court to defend, once they acknowledge cases claiming that they will defend viggorously.
Our Warrant is now issued and I would suggest that you issue a warrant too as - like us, you have waited two weeks for payment since the judgement by default and could possibly wait forever. Work to YOUR timescales not theirs

JanetG

Stephen_Leak wrote: »

They have been doing standard £750 goodwill payments (presumably full payments for claims less than this) since their two lucky breaks in Birmingham.

I wish! My claim is for £335 and Lloyds TSB are defending it.

Janet

Kershaw1

Hi All,

Just wondering if anyone can help me I know that this will probably be on the website somewhere but I can't find it.
I am claim back charges from Lloyds TSB £3400 in total. After sending the initial letters and getting nowhere I registered on money claim on line. They defended on 1.03.07 and I then got a court date of 13.07.07 on the transfer of proceedings letter. The letter also said for the Allocations Questionnaire to be dispensed with and I haven't heard any more. This means I haven't paid another £100 or filled any more forms in. I hadn't heard of this happening to anyone else but saw that someone else on the forum had received a court date with direction for the AQ to be dispensed with but then they also got a letter a the same time settling.
I am worried that I have done something wrong because of this but I have checked everything and am sure I've followed the procedure exactly. HELP I AM V WORRIED .

Thanks

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ronnie3108

Kershaw 1

I get the feeling that lloyds have forgotten about you. in my opinion you are in an excellent position now to phone either their Andover Recovery Service or their Solicitors SC&M to remind them that you have a hearing date for 13th Juy and asking whether they want to settle out of court. As the court date is only a few weeks away, my money is on that they'll want to settle this and pay you before the court date. I'd try that option, cos it would save you a load of wasted time, in having to get all your court bundle ready for - what will turn out to be a non event when they don't turn up at court to dfend.