skeggsy v lloyds ** SETTLED JULY 28th **** Oh yesssssss

[skeggs885]

Hya, Iv been battling on with Lloyds up to the stage where the case was transferred to my local court in st albans. I sent in the aq and the fee with a draft order for directions and SCUM actually came back to me and said they were going to pay me back the full amount. Started to feel absolutely over the moon at the success when this morning the judge at st albans sent me an order saying that I had to send the aq and fee in and that she didnt like the stylised particulars and they did not constitute compliance ........... I can only assume she means that as it was filed on mcol the poc are brief due to the amount of characters you are allowed and then it was transferred to her and she wants it to be a bit more lengthy? surely I cant make it any longer than it is, read up on mcol claims before I filed it in the first place and sure its not missing anything, also sent her a summary of the charges listed out.
apparently she did not see my documentation before senind out this tut and so I have composed a letter to her which I was going to post on Monday saying hold on a min I did send this stuff in,,, do you think this is ok to send this in nicey speak dear district judge etc or should i do it to your honour? really could do with some help as im confused as to why one hand scum are saying we are paying you pse sign and return, and the other this judge dred is sending me out this if you dont by next week your toast.skeggsy

[Amy]

Hya, Iv been battling on with Lloyds up to the stage where the case was transferred to my local court in st albans. I sent in the aq and the fee with a draft order for directions and SCUM actually came back to me and said they were going to pay me back the full amount. Started to feel absolutely over the moon at the success when this morning the judge at st albans sent me an order saying that I had to send the aq and fee in and that she didnt like the stylised particulars and they did not constitute compliance

I am confused you have submitted the AQ, yet the Judge has ordered you to submit an AQ? Have you done this or not?

Can you type exactly what the order says?

[skeggs885]

skeggsy v lloyds

Yes I was confused too, I send in the aq, fee and summary of charges broken down to the court via recorded del and they received it on the 17th july, the order was dated the 19th july and when I rang the court today the usher said that obviously my paperwork had not been bought to the attention of the judge and she was unaware that I had already sent it in so she composed the following order:

before the district judge field sitting at st albans county court. it is ordered that
1. the claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance.) The claimant must amend or substitute the particulars of claim by setting out the case and by incuding details of the charges complained of, how they are calculated and in what circumstances they were incurred.

The claimant should note that sending copy correspondence and/or copies of bank statements will not suffice.

The claimant has until 4pm on the 3rd August 2007 to comply with this order. In default the claim be struck out without further notice.

***** I read this as she wants a full poc not just the one that I did on the mcol but dont know where to find an in depth one and im scared stiff and panicking. I dont have original bank statements as the lloyds would only send a summary of charges (could send them) but I had already set out the charge and date and reason etc along with the 8% interest. (had the court passed my info to her then she would have realised that)

can you help? amethyst has said she will take a look at thread also. skeggsy

[Amy]

Skeggs, pop into chat

[skeggs885]

skeggsy v lloyds

This was my draft order for directions that I submitted.




In the St Albans County Court
Claim Number 7QZ79101

Between

Skeggs
And
Lloyds Tsb Bank Plc
Draft Order for Directions

The Claimant shall within 14 days of service of this order sent to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount and reasons given (if any) for that charge being made;
• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;
• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;
• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimants schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;
• b) Whether such charge is accepted to be a penalty, and if not why not;
• c) If such charge is alleged to be a pre-estimate of the Defendant’s loss incurred by the Claimants actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;
• d) If such charge is not alleged to be a pre-estimate of the Defendant’s loss incurred by the Claimant’s actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.
• e) Any witness statements.
• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[Amy]

Where did you get the POC's from?

[skeggs885]

skeggsy v lloyds

The letter that was received from SCUM the solicitors for Lloyds last Sat said if I agreed to their terms they would pay full and final settlement. this has been posted back to them last monday by special del

[Amy]

Skeggs, come in to the chat room - this will be much quicker than me asking you endless questions

[skeggs885]

skeggsy v lloyds

I have drafted letter to judge as below

Dear Judge Field
On 16th July 2007 I sent back your requestfor the allocation question and enclosed a cheque for the fee of £100.00. This was sent via recorded delivery and received by the court on the 17th July.

I have received an order today from you asking that this be sent back and asking for a schedule of charges.

A full concise schedule of charges, showing the date, reason and how much each charge was for attached with the AQ and fee.

The defendant has not supplied me with the original bank statements despite my request and this is the norm for them to send a summary of charges which I hold.

The particulars of my claim are as far as Im aware after taking advice correctr and I wonder if you can explain to me what you mean by stylised particulars do not constitute compliance. You will be aware that this claim was filed with Northampton McOL and transferred to St Albans being my local court.

I have today telephoned the court and spoken to Mr ....... who has confirmed that the paperwork was received by the court on the 17th July 2007, which had my draft order for directions and the other paperwork mentioned, with thefee.

It appears as the order that was send out to me is dated 19th July 2007 and this paperwork was not put before you when you made the decision

My I now in light of this clerical error respectfully request that your order of the 19th July is amended.


would this be ok.

[Amy]

DO NOT WRITE TO THE JUDGE - we could get a lot further if you would come into chat - do you know where this is?

[Amethyst]

before the district judge field sitting at st albans county court. it is ordered that
1. the claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (Stylised particulars do not constitute compliance.) The claimant must amend or substitute the particulars of claim by setting out the case and by incuding details of the charges complained of, how they are calculated and in what circumstances they were incurred.

The claimant should note that sending copy correspondence and/or copies of bank statements will not suffice.

The claimant has until 4pm on the 3rd August 2007 to comply with this order. In default the claim be struck out without further notice.

This is the bit we have to reply to on monday/tuesday - dont send the letter - we'll submit new POC's - just bear with us.

I have to go out this afternoon but people are working on this for you so pleaase hang fire and dont send any reactionary letters off.

[Amethyst]

Okay Skeggs - you need to amend this to suit your claim

http://www.legal-beagles.co.uk/forum...-new-post.html

You need not use a N244, but you should submit two copies of the N1 form to the court, each with your full schedule of charges attached, and sent one 'for information' to the defendants solicitors. Attach a simple covering letter explaining you are complying with the courts directions.

Make sure your schedule of charges has all the dates, reasons and amounts on.

[skeggs885]

skeggsy v lloyds

DO NOT WRITE TO THE JUDGE - we could get a lot further if you would come into chat - do you know where this is?

Amy sorri not been on line problem with my account had to try to re register, forget my password and wouldnt accept my user name. wil come into chat later on tonight and see if i can find you.

[skeggs885]

skeggsy v lloyds

Okay Skeggs - you need to amend this to suit your claim

http://www.legal-beagles.co.uk/forum...-new-post.html

You need not use a N244, but you should submit two copies of the N1 form to the court, each with your full schedule of charges attached, and sent one 'for information' to the defendants solicitors. Attach a simple covering letter explaining you are complying with the courts directions.

Make sure your schedule of charges has all the dates, reasons and amounts on.

Ame, thanks but cant open your thread, eating breathing and sleeping this problem not sent anything to the judge yet. Confused as to why you are saying use an N1 for my reply... the claim has already been to mcol and come back to my local court. the judge there has not looked at the paperwork that i have submitted on time, aq and fee and schedule of charges and has said that she doesnt like my poc, can see why now it was just my mcol poc and was hughly breif....
1. are you still saying I should resubmit my poc on an n1
2. are you saying I shouldnt write to the judge and ask for the order to be amended and to give me more time
3. could you try to post me your full poc again so i can get typing it. do i type it up on blank paper or put onto an n1?

sorri for the questions but got to start getting onto this now. skeggsy ps will try to find you and amy on chat later.

[skeggs885]

This is the bit we have to reply to on monday/tuesday - dont send the letter - we'll submit new POC's - just bear with us.

I have to go out this afternoon but people are working on this for you so pleaase hang fire and dont send any reactionary letters off.

ok thanks iv just been reading reading reading which is why not managed to get back on here, plus lost my password and tried to re register. not sent the letter yet, hanging fire but feel that I want to try to get this straight so I dont make mistake, looks like you are saying dont send the letter but submit new poc via an n1... am I allowed to do that without it looking like a whole new claim? cant access your poc