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Hey everyone...
I have just had through my court date for Lloyds TSB and included with that are some orders to myself and to Lloyds... I thought I would post them up so others can see what people are getting and to check that I have understood them properly. Where I have written comments in red are the areas I just need a little clarification on. I will also post up Lloyds defence for everyone to see.
Here goes:
1) Allocation Questionaires are dispensed with = I don't need to fill in an AQ?
2) The claimant shall within 28 days of service of this order send to the defendant and to the court:
a) A schedule setting out each charge repayment of which is sought, showing the date amount and reason given (if any) for that charge being made;
b)Copies of any statement or other document relied upon as showing that each and every such charge has been made = I understand this to mean I need to send in bank statements;
c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverableas penalties or otherwise = Showing the fact that the banks are profiting from penalties and not charging a fee for a service?
d) Any other witness statements = I dont have any so I wont send any
e) Copies of decided cases and other legal materials to be relied upon = Copies of cases from the mercantile court that have been awarded in the claimants favour I thought? The laws where it states that penalties cannot be used as profits also - opinions please.
If the claimant fails to comply with this order, the claim will be struck out without further order = get all my stuff together and send it in A.S.A.P!
3) The defendant shall within 28 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 pentalty, and if not why not;
c) If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is 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 = Correct me if I am wrong but, isn't this Judge ordering them to reveal their true costs? and if I am right, this is a good thing, isnt it?
d) Any witness statements.
e) Copies of decided cases and other legal materials to be relied upon = I am assuming they will try and use the two cases that have been lost by the other two people claiming against them.
If the defendant fails to comply with this order, the defence will be struck out without further order.
4) The original documents shall be brought to the hearing = Self explanitory really.
5) The court must be informed immediately if the case is settled by agreement before the hearing date.
Opinions? Advice anyone?
Love Ruthie
x
I have just had through my court date for Lloyds TSB and included with that are some orders to myself and to Lloyds... I thought I would post them up so others can see what people are getting and to check that I have understood them properly. Where I have written comments in red are the areas I just need a little clarification on. I will also post up Lloyds defence for everyone to see.
Here goes:
1) Allocation Questionaires are dispensed with = I don't need to fill in an AQ?
2) The claimant shall within 28 days of service of this order send to the defendant and to the court:
a) A schedule setting out each charge repayment of which is sought, showing the date amount and reason given (if any) for that charge being made;
b)Copies of any statement or other document relied upon as showing that each and every such charge has been made = I understand this to mean I need to send in bank statements;
c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverableas penalties or otherwise = Showing the fact that the banks are profiting from penalties and not charging a fee for a service?
d) Any other witness statements = I dont have any so I wont send any
e) Copies of decided cases and other legal materials to be relied upon = Copies of cases from the mercantile court that have been awarded in the claimants favour I thought? The laws where it states that penalties cannot be used as profits also - opinions please.
If the claimant fails to comply with this order, the claim will be struck out without further order = get all my stuff together and send it in A.S.A.P!
3) The defendant shall within 28 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 pentalty, and if not why not;
c) If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is 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 = Correct me if I am wrong but, isn't this Judge ordering them to reveal their true costs? and if I am right, this is a good thing, isnt it?
d) Any witness statements.
e) Copies of decided cases and other legal materials to be relied upon = I am assuming they will try and use the two cases that have been lost by the other two people claiming against them.
If the defendant fails to comply with this order, the defence will be struck out without further order.
4) The original documents shall be brought to the hearing = Self explanitory really.
5) The court must be informed immediately if the case is settled by agreement before the hearing date.
Opinions? Advice anyone?
Love Ruthie
x
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