LloydsTSB (merged)

Beate

26_may_1999 wrote: »

I have just recieved notice of transfer of proceedings...

Allocation questionnaire has been dispensed with.

Tsb have put in a nine point defence.

No actual court date yet.

S.C.A.M s name and number is on the document.

Sit tight or give scam a call?

Sit tight and get your court bundle ready.

Beate

SJAspinall wrote: »

Ok, a question for you guys.

This morning on MCOL my Status has changed to acknowledged and they have 28 days from when the claim was served.

Does this mean they have filed a defence or still have the extra time to do this and i take it they don't have another full 28 days to respond, they only have the difference between when it was served which was 2 weeks ago which would mean they have another 14 days or so?

It means they have acknowledged - they haven't defended yet. The timescale is as follows: A claim takes 5 days to be deemed served. From then the bank has 14 days to acknowledge. If they do, these 14 days extend to 28 days from the date it was deemed served for them to put a defence in.

purplepenguin_3

Hiya,

This is my first post...but I've been watching for a while

So, I've been going through MCOL. Claim for £1800 including interest. Lloyds defended - I had a letter from Northampton on 13th June with their 9 point defence, and saying the judge at Northampton had suggested an AQ should be dispensed with. So I've been waiting patiently to hear from my local court (southampton). I got a letter today:
@@@@
Upon the courts own motion. The court made this order of its own initiative and without a hearing. If you object to the order, you must make an application to set it aside, varied or stayed within 7 days of receiving it.

Upon referral of this case to the district judge

IT IS ORDERED THAT all parties to file and serve Allocation Questionnaires within 21 days of service of this order.
@@@@

But ALSO THIS MORNING I got a letter from SC&M...co-incidence??

It says:

We act for Lloyds TSB

We have been passed a copy of the proceedings that you have issued against our client in Southampton County Court. The bank will be defending the proceedings on the following grounds:

1. The fees that you seek are properly incorporated into your contract with the bank; and
2. By making payments (whether by cheque, debit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft, which the Bank may meet or decline. If it meets your request, you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no breach of contract here.

Looking ahead, a situation which gives rise to a dispute is not one the bank wishes to continue. In view of this you are requested, please, to make contact within the next 14 days with your local Lloyds TSB Branch Manager, on 0845 3000 000, to review your account. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

We await confirmation from the Bank that this action has been taken.

Yours faithfully....
@@@@

What's that all about then? Do I HAVE to go see the bank? I can't really be bothered. I don't want to take time off work. And my finances are actually now totally sorted so I have no need to review my banking. In fact I have switched my everyday banking stuff to a new A&L account, but am keeping the Lloyds one open (and getting my salary paid into it) so they see me as someone they want to keep as a customer (hopefully!).

Did anyone else get this??

Thanks...

adders103

Hi
I have been reading posts with interest and have been kept going by the sucess stories!!
I am doing battle with Lloydstsb, we are at the court stage. Today I've had a letter from the court informing me of an allocations and directions hearing that I have to attend in August. (I'll be away and will need to change it, but that's a different matter!) What I don't understand is if I need to go prepared with anything? I've not been asked for a court bundle or anything, just asked to turn up.
Advice please
Lynn

SJAspinall

Beate wrote: »

It means they have acknowledged - they haven't defended yet. The timescale is as follows: A claim takes 5 days to be deemed served. From then the bank has 14 days to acknowledge. If they do, these 14 days extend to 28 days from the date it was deemed served for them to put a defence in.

Thanks, i thought that was the case, just wanted to check.

SJAspinall

An important question that needs to be asked,

With SCAM telling more and more people to go and see their Bank Manager to discuss their account. Does this mean that if this is ignored by the claimant could that be held against them by the court?

princesskez26

SJAspinall wrote: »

An important question that needs to be asked,

With SCAM telling more and more people to go and see their Bank Manager to discuss their account. Does this mean that if this is ignored by the claimant could that be held against them by the court?

:eek: Mine doesn't like me :eek: :rotfl:

Shellyk_3

Hi Everyone:D

I have just received 'General Form of Judgement Order' from my local court it says the following:

It is ordered that

The claiment do file with the court further particulars of claim and do serve the defendant with the same by 20th July 2007 after which blah, blah, blah

it then goes on to say.... The district judge of this court require the amount of bank charges claimed in the form to be particularised showing how the total amount claimed is arrived at. Blah Blah Blah....

Could anyone please tell me if I need ti send just my charges breakdown or do I need to send a court bundle. Also do i just send a copy to the court or do I send another copy to SCAM??? Any help would be appreciated!!;) :rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes:

ukcrow

Hi All,

After waiting quite some time to hear anything form either SC&M or my local county court (Guildford) i popped in the other week to see what was going on, i thought that perhaps another mass hearing would take place akin to the Successes of June 14th previous. The kind chap at the front desk told me that they were waiting for a QC to set directions, so i waited and twiddled thumbs a little more.

Today i received the following:

Before his Honor Judge Reid QC, sitting at Guildford County Court....

It is ordered that..

Directions

1. The claim is allocated to teh small claims track
2. The hearing will take place at a place, time and date that will be notified to both parties.
3. The defendant shall no later than 4pm on 16th July 2007 serve on the Claimant and lodge at court a document answering the following questions; (a) Is the case intended to be contested to and at trial? (b) Does the defendant intend to apply to adduce expert evidence?
4. If the Defendant fails to lodge at court a document in accordance with paragraph 3. above the defence shall stand struck out and judgement be entered for the claimant for teh amount claimed and costs comprising the issue fee and any allocation fee paid.
5. Each party shall serve on the other the witness statements of all witnesses on whom they intend to rely
6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted.
7. No party may rely on the evidence of any witness whose statement has not been served in accordance with this order without further permission form the court.
8. No more than seven nor less than three clear working days before the trial date the claimant shall file at court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedures Rules and the practice direction thereto, and shall serve a copy of it on the defendant. The claimant shall endeavor to agree the contents of the bundle with the defendant before it is filed. If the claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order
9. Because this has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this order.

Is it likely given these directions which i have never come across before, that SC&M will settle in the very near future rather than comply with direction 3? Also is there anything i should be doing at this moment in time or should i just wit to see if they comply with directions?

Cheers

ladylaura27_2

I sent my letter claiming my £2200 charges on 23/4/07.

I constantly tried to chase this as I'd had no acknowledgement but always got an automated service with an answer machine which was full so you coudnt leave a message!

Eventually called woman in my branch end May and she said she'd chase the dept up- she called me and told me they'd rec'd 68000 of these letters and were running 2 weeks behind the 40 day timescale and to sit tight for 2 more weeks.

Called yesterday- same woman at branch and threatened court letter. She called dept again and called me back and this time she said a rejection letter was sent to me 1/5/07!!!! I'd never rec'd this and I asked her why she hadnt told me this last time I spoke to her.....she said she didnt know then! Terrible service. Wrote letter last night and hand posted it into branch today threatening court action within 2 weeks.

I'm a bit scared. I'm heavily in debt and dont know what to do next. Cant afford to go to court and am scared of thought of it. What do you think I should do now?