Biggs V Lloyds TSB credit card

[Curlyben]

Re: Biggs V Lloyds TSB credit card

Did you go to the hearing at all ?
Also you should have some time to appeal this discussion.

Are there reasons for the defence being struck out ??

[swepstone]

Re: Biggs V Lloyds TSB credit card

I did not think I needed to attend as I had sent in the letter of defence and they had only alowed for a 10 minute hearing.

The only reason that is on the sheet says that as follows.

On being satisfied claiment has served a reply to defence it is adjudjed that the claiment recover against the defendent the sum of 16763.00 + 780 costs.

There is no mention of my defence or even the letter that I sent in which is like I said it would seem that as it was not on the computer system, I think the clerk may of said that no defence was filled which is not correct as they recieved it on the 20th and the hearing was on the 24th. There is a POD to back this up.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

There is also a chance that the judgement might be able to be set aside as the claiment did not follow the preceadure. If that is the case they might then need to apply for another hearing which I will make sure that I go to.

When they applied to the court for this hearing they did it without any further notice to myself. Also they gave un reasonable time for me to respond in defence to there letter. They had said that I had seven days from the date on the letter which was the 12th June and I did not recieve it untill the 19th June. They did not send it by recorded delivery and the made there application to the court on the day they recieved my letter as I sent it by recorded delivery.

Now my understanding is this they have an obligation to follow the strict court guidlines and must provide me with a default notice or something prior to applying to the court. They also are required to give me adequate time to respond and seven days is possably classed as un reasonable.

If what I have said is all correct what course of action should I take. Also do the courts keep a record of how the judge came to his decision and can I get a copy. Now I suspect that I do not have alot of time for all of this.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

Please can you answer my questions

Thanks

[Amethyst]

Re: Biggs V Lloyds TSB credit card

From what you have said the claimants filed a response to your defence and it is that which has been judged upon. Did you receive a copy of this ?

Did you notify the court you would not be able to attend ?

Have you posted up the defence you entered ? (I'll have a look back through the thread) - okay no you havent - from the court document showing the history it shows defence as already paid was entered in Dec 06, and a defence and partial admission also - then the case was stayed (which is normal on a partial admission if the claimant agreed with it to allow for you to arrange payment of the admitted amount) was there not any contact in that intervening period until they applied to lift the stay ? Also have you posted up the letter they sent on 19th June ?

Also the letter you sent earlier this month didn't mention your partial admission originally ?

Is the judgment for a forthwith payment or installment ?

[swepstone]

Re: Biggs V Lloyds TSB credit card

This is a copy of the letter that I sent to the court that they recieved on the 20th and the hearing date was the 24th. Like I have said that on the day of the hearing the court clerk had said that they had not recieved my letter as it was not on the computer and I am wondering if the Judge has made a decision on the fact that maybe the clerk said that no responce had been filled and I did tell them on the day that I would not be attending.

Also as I said that the claiment aranged the hearing without any further consultation and also the case was still in dispute. Should this mean that the judgement should be struck off?

it is ordered that I pay the sum

[swepstone]

Re: Biggs V Lloyds TSB credit card

The letter that was sent to me on the 12th is attached and like I have said I did not recieve this letter untill the 19th.

[swepstone]

Re: Biggs V Lloyds TSB credit card

I also did not recieve and copy of the claiments responce to my defence and they have not even acknowleged my last defence letter the they recieved on the day that they applied for the hearing.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Amethyst

Please can you respond to my replys

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben or someone please reply

[Sapphire]

Re: Biggs V Lloyds TSB credit card

Swepstone don't panic hun, I've bumped this up for you they will probably be along later for you.

[swepstone]

Re: Biggs V Lloyds TSB credit card

Please Please can I get someone to review my case.

[swepstone]

Re: Biggs V Lloyds TSB credit card

What do I have to do to get someones attension

[Curlyben]

Re: Biggs V Lloyds TSB credit card

Have you received the judgement yet, as this will give you details for your next move.
You do need to bring to the courts attention your letter as it appears to of been "over looked"

[swepstone]

Re: Biggs V Lloyds TSB credit card

Ben

Thanks for that as that was my thoughts but how do I need to go about that as they clearly had the letter in good time for the hearing and like I said in my earlier messages there did seem to be some confusion on the day on there part. So i would think that could be our angle. Yes I have recieved a judgement and the words are as I have put and I can send a copy if you want. There does not seem to be any payment schedule just the amount. But I also dont think that Lloyds have fully foolowed preceadure for the judgment anyway which could mean it can be struck out as they never provided me with any details of what they were going to provide to the court.

If I need to send a letter to the court I will need an idea of some words. I take it we are not beaten yet.