In Plymouth CC tomorrow 24th Aug - against LloydsTSB - help

Freelance_defective

Hi
I am due in Plymouth County Court tomorrow morning 24th August where my case against Lloyds TSB is listed for Directions? I have receuived absoplutely nothing from either Court or Bank since the notice of Directions on 22nd June. I have not been asked to produce anything to the Court in advance of the hearing. What can I expect? Will iot go ahead? I have not been informed that lloyds wish to apply for stay or enything so I am in the dark - Can they do this on the day? Will it be granted automatically? What should I take with me and do I need a duplicate copy of everything to dive to the Court???help please!!!

Freelance_defective

Whoops, I should have previewed the spelling before I posted that!

Stokey125

Freelance_defective wrote: »

Hi
I am due in Plymouth County Court tomorrow morning 24th August where my case against Lloyds TSB is listed for Directions? I have receuived absoplutely nothing from either Court or Bank since the notice of Directions on 22nd June. I have not been asked to produce anything to the Court in advance of the hearing. What can I expect? Will iot go ahead? I have not been informed that lloyds wish to apply for stay or enything so I am in the dark - Can they do this on the day? Will it be granted automatically? What should I take with me and do I need a duplicate copy of everything to dive to the Court???help please!!!

Check with penaltycharges.co.uk to see if LloydsTSB appealed the decision i Terry v LloydsTSB and ask them for a copy of the judgemnt and make copies of it. If they have not appealed the decission and Lloyds as I anticipate seek a stay argue that while Lloyds have not given notice of thier application to save costs you will be prepared to argue the matter. Then you should say that as Lloyds have not appealed the decision in Terry they must be taken to have accepted the decision and the reasoning therefore as the question of the legality of the charge was decided against Lloyds in Terry there is no need for a stay for the point to be decided.

Freelance_defective

Thanks for the advice. I cannot find Terry v Lloyds on www.penaltycharges.co.uk so I am none the wiser really. I understand from speaking to the Court today that I will definitely be seen however Lloyds have applied to the Court for a stay & that is likley to be granted. The lady from the court said I really didn't need to turn up as they had been trying to vacate all the bank charges cases & mine just slipped through the net!!

Of course I will be there but as it is just for a 15 minute listing for directions I doubt I will get far!!

LloydsTSB_Manager

GOOD LUCK with your case/claim

Edinburghlass_2

Freelance_defective wrote: »

Thanks for the advice. I cannot find Terry v Lloyds on www.penaltycharges.co.uk so I am none the wiser really. I understand from speaking to the Court today that I will definitely be seen however Lloyds have applied to the Court for a stay & that is likley to be granted. The lady from the court said I really didn't need to turn up as they had been trying to vacate all the bank charges cases & mine just slipped through the net!!

Of course I will be there but as it is just for a 15 minute listing for directions I doubt I will get far!!

You must turn up and be prepared to argue your case for your claim not to be stayed. This is up to the judge, not a lady from the court and if the bank don't turn up then the judge may well find in your favour.

Freelance_defective

Thanks for the good wishes. I am going to the Court today - fully prepared to argue however it seems a bit of a foregone conclusion. It is scheduled for 10.15 amand it will be interesting to see whether or nor I will get the opportunity to make my point or whether the stay will be granted without discussion. If , as it seems, my case is the only one to slip through the net, they will probably already be dismissing it.

Freelance_defective

Just to update - Lloyds TSB application for a stay was granted. The district Judge was polite enough to humour me and allowed me plenty of opportunity to voice my wishes but nevertheless still granted in favour of the bank - as anticipated. His reason was because he was following the advice of his superiors who felt the whole issue was too complex not to wait until after the test case in January.

I should add however, that if I had not bothered to turn up - after the lady from the Court Office indicated there was little point in me doing so - my case would have been struck out!!!

This is based upon several cases yesterday (in Durham, I think) which were attended by the same Lloyds representative that attended mine today. He explained that in cases where claimants had NOT been notified by the court, of the banks application for the case to be stayed and the claimants failed to attend, the Court took the view that their absence was because they did not wish to pursue the case.
In cases where the claimants had been sent notification, but did not attend, they were given the benefit of the doubt and the court took the view that their absence was due to the fact they assumed the case would be stayed anyway.

LloydsTSB_Manager

Well good on you for going along, here's yet another case of the big corporate monsters trampling the little guys and of judges being so far removed from ordinary society that they haven't a bleedin' clue :rolleyes: :rolleyes:

I had an acknowledging letter from Lloyds the day after I dropped off my claim for repayment, just saying they had passed my letter to their
'Customer Care' offices..HAHAHA!! just a bit of irony there.