Directions non-compliance letters

[GaryH]

Lloyds, or rather SC&M, are getting very sloppy lately and are missing deadlines left right and centre, particularly orders to submit their court documents.

It has become clear that ringing to chase them up is fairly pointless and perhaps even counter-productive - in most cases they'll just give you the run-around.

Instead, if they breach an order to submit documents, it is suggested that a better way of chasing them is by letter.

By doing so you have something to show to the court to document the abusive way they conduct their litigation, plus you don't have to suffer the rudeness and sheer arrogance of (most of, not all) the Sechiari staff as you do when you ring them.

Firstly, on the day their deadline expires (or as soon as possible after), send SC&M the following letter enclosing a copy of the courts order. If possible, send a copy by fax (01273 745356) as well as post, and also send a copy to the court.

[You]

Sechiari Clark and Mitchell
Department SO
PO Box 499
Lower Ground Floor
1-5 Queen’s Road Quadrant
Brighton
BN1 3XJ

[date]

Dear Sir/Madam,

[You] –v- Lloyds TSB Bank Plc
Claim No: ********

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

I have, to date, received no such documents and accordingly I hereby request that you do serve upon me these documents at your earliest convenience.

I consider your non-compliance to be particularly unacceptable in view of the fact that you are specialist solicitors representing a large financial institution with vast resources, and feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

Should you not comply with the order within 7 days of this letter, I shall write representations directly to the district judge dealing with this claim, to inform the court of your continued non-compliance and invite further order to be made as it sees fit.

I look forward to your prompt response.

Yours faithfully

Its very unlikely that you'll get a response to this, so after the 7 days have elapsed send the following letter to the court, also enclosing a copy of the above.

[you]

District Judge ******
C/O The Court Manager
****** County Court
Court Address
Postcode

[date]

Dear Sir/Madam,

[You] -v- Lloyds TSB Bank Plc
Claim No:********

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated [date]

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

I wrote to the defendant's solicitor on [date] to request that it serve the Defendent's documents at its earliest convenience. I have received no response to this correspondence.

I can confirm that my documents were filed on [date] and served to the Defendant on [date]

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)(c) of the Civil Procedure Rules, or other such order as the court deems just.

Yours faithfully

Going on the response so far, it seems quite unlikely that the court would go as far as ordering a strike out, but would probably issue another order that they submit the documents by a certain date or else they won't be able to rely on them at the hearing.

In any case, it will give SC&M a good kick up the bum and more importantly, it demonstrates to the court that they are not conducting themselves professionally, which in light of the recent orders made in Lincoln can only be a good thing.

Also, if/when they settle, its very important that claimants write to inform the court and drop the claim. We need to do all we can to act properly and keep the courts on our side!

EDIT: To anyone who uses these letters, it would be very helpful if you could inform us of the response you get, both from SC&M and the court. Either post on this thread or PM me with a link to your own.

Cheers

[upton11]

Gary Hi, Amen to your last paragraph!

Regards

Paula

[Mindzai]

very good!

ps mannor should be manner

[jo1006]

Thanks again Gary. In light of the fact that we are sending our court bundle on Monday, this info is invaluable. I have printed a copy off to refer to should we not hear from SCAM by Thursday of this week. you're a shining star!
Jo 'n' Mick

[GaryH]

oops! Cheers Mindzai, I always was crap at spelling!

[Tankgirl]

Originally Posted by GaryH

Also, if/when they settle, its very important that claimants write to inform the court and drop the claim. We need to do all we can to act properly and keep the courts on our side!

Just on that note is there a template letter to send them? It's just that I'm crap at writing letters and never know what to include.

[GaryH]

Here's the one I always use for my claims -

The Court Manager
****** County Court
Court address
Court Postcode

[date]

Notice of Discontinuance

Dear Sir/Madam

[you] -v- The bank Plc
Claim Number: ********

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim.

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

A copy of this letter has been sent to the Defendant.


Yours faithfully

[moltonbrownqueen]

hi gary
i never did receive a copy of their papers, even though i foned before christmas and reminded them that xmas closings would affect the deadlines.
And i only received notification in writing of the settlement, with no conditions by the way, 5 days AFTER the money went into my account.
That made a total of 2 pieces of correspondence i rec'd from SCM during the ENTIRE claim

[Pen]

Gary, you are just wonderfull for the help you give everyone and continue to do so, I have taken your advice on many occashions, and will be using it yet again to send your letter if Lloyds don't keep to the deadlines with my court order.
Thanks ever so much I am very glad there are people like you on this site to help us all out.
Pen

[Mindzai]

Originally Posted by GaryH

I wrote to the defendant's solicitor on [date] to request that it serve the Defendent's documents at its earliest convenience. I have received no response to this correspondence.

Sorry I hate to be pedantic about spelling and Grammar but I am in the process of completing this template for myself and noticed the above spelling mistakes.

I really dont mean to be a language nazi, honest

[GaryH]

Done - Thanks Mindzai. If you notice any more let me know!

[Tankgirl]

Excellent Gary thanks, just out of curiosity, do I still have to send one if the claim has been struck out? I ask because of that letter I received from the courts saying it was abuse of the system etc etc, I didn't actually receive any correspondence from anybody to say that it had been paid.

[GaryH]

The defence wasn't actually struck out though was it? Did'nt they settled beforehand? Yes, I'd definately send it, just to wrap things up nicely.

[padders1]

Sorry to hijack this thread but we need some help. We are due in court with SCM on Monday 29th January at 2.30pm. We have not heard one thing from SCM during this whole process and the Generla Form of Judgement or Order states that they should provide us with a copy of their court bundle witin 3 weeks of 20th November 2006.

We called them last Friday, they didn't even seem to know that they were due in court on 29th jan and it sounded like our file was at the bottom of a very large and dusty pile, it took them so long to find it. Anyway, we offered them the chance to settle last Friday, they said they had no instructions to do so from Lloyds and we said OK, see you in court.

What should we do now?? Should we point out that they haven't submitted their court bundle (I'm inclined no to) or just go to court and make them look stupid when we point this out to the judge??

Padders

[BARTY]

Hi
Have you sent the above letter about non-compliance?
Also keep checking your account, see if they've deposited the money the money without letting you know.
Barty

[padders1]

No I didn't send the above letter as I only realised last night and there wouldn't have been time. Just checked my account and the money is in there. Next stop is to take Barclays to court for £930.

Thanks for your help.

Padders

[Sarah3891]

Hi - I'm due in court 13th Feb - all my papers have been filed but predictably, SCM have missed the Tuesday deadline for submission of evidence. I rang them to chase and the guy said: 'That's assuming we need to submit any evidence, we might not want to.' Anyway, there has been no mention of settlement as yet, and just nothing but attitude and aggression from SCM - feeling very daunted! As I don't have a Lloyds Bank account, settlement would need to be in the form of a cheque, and i'm really worried that even if they do settle, I won't receive anything in time to call off the court date? Any ideas?

I'm printing out the first letter as above and faxing it through this afternoon.

Many thanks,

Sarah