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LTSB Claim - heard from court today....

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  • LTSB Claim - heard from court today....

    Hi everyone,

    My claim against LTSB was only filed in October 2009 and my AQ was filed the day before the Supreme Court handed down their judgment. Three days after the SC ruling I heard from my local county court that if LTSB didn't file their AQ by 4pm on 3rd December their Defence may be struck out.

    Today I have received the following from the court -

    'Upon the Supreme Court having recently overturned the decisions of the High Court and the Court of Appeal referred to in the Particulars of Claim

    IT IS ORDERED THAT

    1. The claim be stayed generally

    2. The parties do endeavour to settle the case by agreement

    3. If no application to lift the stay is made by 4.00pm on 26th February 2010, the claim be thereafter and without further order Struck Out

    4. Take notice that pursuant to Part 3.3 (5) and (6) of the Civil Procedure Rules a party affected by this Order may apply to have it set aside, varied or stayed; such application to be made within seven days after the date on which it is served on the party making the application.

    Dated 03 December 2009.'

    Can anyone advise on what my next step should be please?

    Very many thanks in advance!

    Nelliewops xxx

  • #2
    Re: LTSB Claim - heard from court today....

    Thats good news I'd accept the stay and wait see what the bank does personally, at least till the OFT etc has made announcement. 26th February gives lots of stalling space to work out proper arguments. Good news I think. As you only just sent in your AQ I think it is good the courts are staying new claims still IMO, also as it was after Lloyds filed their AQ, they may well have asked for the general stay and negotiation, which again is good news especially as they were threatening to strike any claims staright after the judgment. If the bank doesnt apply to set aside the order then I'd be happy to just forget about it until the beginning of January then look at amending the POCs accordingly.

    I'd sit tight a while
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: LTSB Claim - heard from court today....

      Hi Amethyst,

      Many thanks for that - you don't think I should be approaching LTSB with a view to agreeing to settle at this stage (not that I could imagine Lloyds doing this)?

      If not, I will do as you suggest and sit tight for now then whilst awaiting the advice on the new POCs.

      Nelliewops xxx

      Comment


      • #4
        Re: LTSB Claim - heard from court today....

        I doubt they would settle a sausage at this point of things and their negotiation level will be ''withdraw and we wont strike you out and claim costs'' (and probably include a mental schedule of costs in order to scare you), your level of negotiation should be pay me it all now else I will submit new POCs, (and they'll refuse and u'll have to enter new pocs anyway) and both would be dangerous for both parties so honestly I would wait until January. We are in a weak position negotiation wise at the moment.
        Originally posted by nelliewops
        If not, I will do as you suggest and sit tight for now then whilst awaiting the advice on the new POCs.
        I think that is the best plan. You are waiting more for the OFT announcement and other things which are going on more than new POC's tho. If it ends up imperative to enter new POCs and there actually IS a decent case to put forward then we can rethink, but otherwise hangfire. The judge has given you 3 months, and hopefully other judges/courts will follow suit and within 3 months we should have all the answers we need as to whether to go go go or pull back.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: LTSB Claim - heard from court today....

          how you going nellie?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: LTSB Claim - heard from court today....

            Nelliewops - keep an eye on this thread too MEGANSDEN - normanpj - hearing 17th Feb - hardship/bank charges - LLoyds - Legal Beagles
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: LTSB Claim - heard from court today....

              Originally posted by Amethyst View Post
              how you going nellie?
              Hi Amethyst,

              I'm fine, thank you for asking, but still hoping the promised new POCs will be available soon!

              I'll have read through of the thread you've linked in your other post and see if I can glean something from that. I must admit I did go ahead and send a letter to SCM asking whether their client would consider reaching a settlement - I had nothing to lose, after all. Unsurprisingly they've not responded.

              Nellie xxx

              Comment


              • #8
                Re: LTSB Claim - heard from court today....

                Hi everyone,

                I have been advised on Cag by Nattie/Yourbank that I should hang fire doing anything further until 14th Feb which still leaves me time before 4pm on 26th Feb to take action.

                I realise you guys are all very busy helping others with more urgent issues than mine at the moment, but will keep popping back here - as your help and advice being given to others is most impressive - to request assistance with what I need to be doing nearer the time if that's ok?

                In the meantime I'm keeping an eye on relevant threads as suggested. If there's anything else you can recommend that I do, let me know.......

                Keep up the good work and thanks for supporting us all the way you do - I'm sure I speak for everyone here when I say we are incredibly grateful to you for committing so much time and effort in this way!

                Nellie xxx

                Comment


                • #9
                  Re: LTSB Claim - heard from court today....

                  Posted on CAG

                  Hi YB

                  I know I've still got a couple of weeks till 14th Feb, but as the time approaches I have a few queries which I would appreciate your help with please!

                  1) If I'm going to ask for the stay to be lifted and amended POCs to be served, assuming I ask for the stay to be lifted sometime between 14th and the deadline of 26th Feb, at what point will I need to have my new POCs ready?

                  You'll enter an application to lift the stay and permission to amend your particulars in the same application. You should be okay using a Witness statement/case summary for this application asking for a further 28 days to enter full amended POCs.

                  2) Is there anything in particular, other than reading around the various recommended/obvious threads, that I should be doing to prepare?

                  Yes, check your statements for examples where it is blatantly unfair that you have incurred charges - for example if you requested an overdraft, the bank refused then paid an item anyway and charged you excessively for doing so (when it should have been declined as they wouldnt let you borrow it as an overdraft but would when it gave them lots of charges) that kind of thing..... also be looking for any old letters from lloyds you may have, terms leaflets etc.

                  3) Will there be some help available with this please?

                  Will help all we can.

                  4) Also, will I be best dealing with this over on beagles?

                  Yes if you want YB to help too as YB has been banned on CAG lol.

                  Many thanks as always.

                  Landy x
                  Hope that helps a little for the moment, I have PM'd you.

                  You'll really want to get your application in for around 14th Feb to make sure you are in the timescales. If you have a look on wubberchickens thread in this forum we've just done something similar to what you'll be needing, so you can keep an eye on that see how he gets along too. Also have a read through MegansDens thread, SueWilos and if you can Claireh v Yorkshire Bank over on Penalty charges forum.




                  For my/your reference your old thread about hardship is nellie v lloyds hardship claim - Legal Beagles - should have some useful bits we can use in it.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: LTSB Claim - heard from court today....

                    Hi Ame,

                    Thank you so much - that's very helpful and gives me something to get started on. I've been reading the threads you've referred to anyway and will keep doing so in order to try to understand what's required of me etc etc.

                    If you are recommending I get my application in around 14th Feb, how long should this take to prepare and at what point do I need to shout for help - as I'm sure I'll be needing it? I don't want to leave it too late to ask, although I realise you have your hands full helping others with more urgent issues at the moment!

                    I am a little concerned about several issues such as the fact that my claim is well over the small claims limit, so I'm understandably worried about costs if I were to lose.

                    Huge thanks again for your support and hope YB is okay!

                    Nellie xxx

                    Comment


                    • #11
                      Re: LTSB Claim - heard from court today....

                      Have posted some stuff Guidance what you need to do with claims in court - Legal Beagles and Court Fees (relevant to continuing with your claim) Costs in small claims(under 5k) - Legal Beagles which should help a bit for the moment. With this being Lloyds also read Lloyds response letter - Page 2 - Legal Beagles thread

                      Just see how you get on and shout with any help you need.
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: LTSB Claim - heard from court today....

                        Thanks Ame

                        Comment


                        • #13
                          Re: LTSB Claim - heard from court today....

                          Did you hear back from Lloyds on the letter of negotiation you sent (apologies I can't remember if you did or not) ?
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: LTSB Claim - heard from court today....

                            Hi Ame

                            That's ok - you can't be expected to remember all of everyones' details!

                            Actually I sent a letter to SCM re: the Order of the DJ to attempt to reach a settlement - no response or anything received. This was of course sent by RM recorded delivery as all my correspondence is.

                            However, I also sent a letter to LTSB in response to their awful 'we won the test case' template letter. I probably shouldn't have done this, but its too late now. I adapted the Govan Law Centre template linked on MSE, adding (as recommended on the GLC site) examples of my own personal circumstances.

                            Today I have received a typical generic response from LTSB stating the usual 'We're sorry to hear you have some concerns..............we will get a response to you as soon as we can'.

                            It has been suggested by Caro on the CAG site team that I (and others in a similar situation) contact the court and respectfully request an extension of the stay whilst awaiting clarification of how to proceed.

                            One person at least has tried this method - I don't think they've heard back from their court yet - and I believe they copied their recent correspondence to the bank to the court to illustrate that they had been making attempts to settle.

                            I am seriously considering doing this to buy some extra time - what are your thoughts on this please Ame? If I go down this route I'd need to get the letter off to the court asap.

                            Thanks as always for your help with this!

                            Nellie xxx

                            Comment


                            • #15
                              Re: LTSB Claim - heard from court today....

                              Hi Nellie

                              Yes of course extending the stay would be ideal, and many courts are doing this off their own motion until November 2010 etc. And yep have seen this is what Adam is trying too.

                              Asking for a stay to prevent your case being struck out raises other issues.

                              You may have to formally APPLY (ie n244 plus fee) for a stay extension, if you are going to try by informal letter to the court/judge then leave yourself plenty of time to apply formally to either extend stay/amend particulars should he say no.

                              Also the court is obliged to send the order/request to the other party and give them the option of setting it aside/varying etc - which could still result in a hearing and pre-empt a strike application.

                              You will have to show good reason for the stay to be extended - what reasons would you give ? from what has been said elsewhere then 'to take legal advice' or 'questions left unanswered by the test case' - I dont think thats going to be enough. An extension on the grounds you are trying to negotiate settlement between the parties would be better - if it was actually the case. So using your response from Lloyds ''Today I have received a typical generic response from LTSB stating the usual 'We're sorry to hear you have some concerns..............we will get a response to you as soon as we can'. '' you could I suppose, realistically ask for a stay to cover the period the state as their response (probably 8 weeks)

                              The request for stay extension will be on what terms, what if the bank want to apply tomorrow to lift stay and ask for a strike out ? Are you going to submit draft directions for the stay extension ?

                              I'm probably thinking about it too much. A letter asking to extend the stay on grounds of negotiating with bank might work but make sure you do it in plenty of time to get a response to enable u to take other actions if the request is denied or the court want a formal application.

                              Ame
                              xx
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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