Lowell/Lloyds TSB/BW Legal

[Amethyst]

Re: Lowell/Lloyds TSB/BW Legal

A Couple of strict proof thereof's helps.


Point 5 - my problem is that he does know of the debts existence, but only through his own investigations ( going to the bank and asking them AFTER receiving the court claim ) he still has no details as to how it is made up. I think I just don't want it to come up if directly questionned 'do you know of the debt' as the answer has to be 'yes, but....'

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

A Couple of strict proof thereof's helps.


Point 5 - my problem is that he does know of the debts existence, but only through his own investigations ( going to the bank and asking them AFTER receiving the court claim ) he still has no details as to how it is made up. I think I just don't want it to come up if directly questionned 'do you know of the debt' as the answer has to be 'yes, but....'

You need to put in a defence first. He said did you have an acct with TSB - yes, did you borrow money from them - no, well thats your defence.

If it needs changed then it needs changed.

M1

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Hi Amethyst and M1

Thank you both for spending time on this again, particularly on a Sunday, when I'm sure you've got better things to do.

Point 5 worries me slightly too. When the Judge asked if had borrowed money from the bank and he said no, he assumed he meant a loan. The Judge didn't ask about an o/draft. Would an o/draft be viewed as borrowing money? I'm guessing it would, but it didn't occur to him at the time. What do you think of the following:

"The Defendant does not have a credit card or loan with Lloyds TSB Bank plc and puts the claimant to strict proof thereof if they believe otherwise." or.....

"The Defendant does not have a credit card with Lloyds TSB Bank plc."
"The Defendant did not borrow money from Lloyds TSB Bank plc and puts the claimant to strict proof thereof."

I've just realised the date at point 11 should be 21/2/14, that's when we sent the CPR31.14 request.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Just another question:

When the defence is completed, do we send it to the Northampton County Court and/or to the Judge at the local County Court who ruled this and also a copy to BW Legal and/or Lowell. Also can it be emailed or does it need to be posted recorded. We need to have it there by this Wednesday 14th May.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Hello again

Son has received confirmation from his local County Court about judgement passed at the hearing, instead of 14th May it says 16th May for defence to be there, so got a couple of extra days.

Should we put a sentence stating "Defendant is at a disadvantage having to make assumptions as to what the Claimant may be claiming." or would that be inappropriate not suitable defence, if so, is the rest of defence ok to submit.

Thanks

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

It might upset the judge as your basically calling them an ar$ehole which is a view you don't wish to share with them.

M1

[Amethyst]

Re: Lowell/Lloyds TSB/BW Legal

5. The defendant is unaware as to how the amount claimed has been calculated as owing to Lloyds TSB Bank Plc and puts the claimant to strict proof thereof.


????

[bluebottle]

Re: Lowell/Lloyds TSB/BW Legal

This sadly is the view some Judges take.

It seems to happen with litigants in person more than it does with those who are represented. I have never had a judge take that view with a case ive dealt with but its sad that Judges do take such a stance with litigants

If judges are showing hostility towards or not listening to LiPs, this should be reported to JACO (Judicial Appointments and Conduct Ombudsman) who can refer complainants to the Judicial Conduct Investigation Office (JCIO) if necessary. There are time-limits applicable to complaints and these should be made, initially, by telephone, as soon as possible after the hearing at which a judge's conduct has come into question.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

M1

Ooops, dont want to upset anyone. I'll get the basic version typed up.

When I send it, should it be addressed to the Judge or just to the local county court, and do we need to send copies to Northampton cc, Lowells & BW Legal (see post 94). We have until 4pm Friday 16th May.

Thanks

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

Local court i'd think, phone to check. The court will send to the claimant. (unless the court ordered you to file and serve in which case send to bw legal too).

Ask the court if they'll accept it via email when you phone.

M1

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

It says "The defendant is to file and serve ...." and "The claimant is to provide .......the agreement, the default notice, statement of account and notice of assignment". Assume claimant only send to the court then. I'll ring court tomorrow and find out about emailing or posting.

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Just another quick question - should I change the name in the top left of the defence from "in the Northampton County Court ...." to "in the local County Court....?

[mystery1]

Re: Lowell/Lloyds TSB/BW Legal

Yep Bw Legal too or whatever is on the claim form for sending documents in left corner.

M1

[Bigsis]

Re: Lowell/Lloyds TSB/BW Legal

Hiya, latest update:

We served and filed our defence by 16th May and Lowell were to produce the documents by 30th May. We rang court on 4th June to check status, our defence was on file but nothing from Lowell, was told case had been put before Judge on the Monday (2nd June) and we would hear from them end of last week/beginning of this week. My son rang court today as we had heard nothing, they told him letter was sent out today to him. The court have given Lowell until 27th June to produce documents or case will be struck out.

[Pinkcat]

Re: Lowell/Lloyds TSB/BW Legal

That seems quite hopeful Bigsis - I personally thought if they had documentation they would have produced by now so fingers crossed you will get it struck out. Good Luck and keep posting! xx