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It seems Lloyds have started to send out letters including the phrase "final offer" indicating that the Bank has no need of any further discussion with me in response to the letter before action. Would I be fair in suggesting that they would no longer be in a position to request a "stay" on any court action, since they have already said they have no further response? At what stage do you think it would be appropriate to show these letters to the Court?
Any thoughts?
Hi
Just putting progress on here. I've sent the following letter to Lloyds TSB It would be good if other people responded as it cuts out a month's delay when they sneak in a "stay" for further discussions. Personal details obviously removed!
Jamie O’Neill
Assistant Manager lloydstsb
Customer Service Recovery Centre
125 Colmore Row
Birmingham
B3 3SF
4th September 2006
Dear Mr O’Neill
ACCOUNT NUMBER:
I note the contents of your letter of the 29th August ref BHAM/JO/
I can only assume that your comment “Since the banks final response has been issued, I must advise you that we will not be entering into any further correspondence regarding the points you have raised.”, can only lead me to assume that following my application to the Cardiff county court for judgement in this case Lloyds TSB will not be applying for a “stay” since you have already indicated that you have no desire for further communication.
In response to your message, I've also received a short letter to say my comments have been noted but the banks final repsonse has been issued. They are not enetering into any furthur correspondance regarding the points I have raised..... This was after my lba was sent to them.
Does this mean the end of the line ? Or do I have any options as to my next step ?
Absolutely not!! Keep going until the doors of the Court and I'm sure other users on this site would advise you that the Bank will settle rather than go to Court.
What I'm trying to get at in this posting is whether the Bank has shot itself in the foot in refusing any further discussion thus removing from themselves the option when they receive the Court Papers of asking for a months "Stay" to discuss the options with you. Hope this makes sense!
I have to say that I don't think the 'no further correspondence' statement on their response would apply in terms of negating their ability to apply for a stay. The dialogue and contents of the letters between yourself and Lloyds are seperate and apart from the county court Small Claims process, so their stay application would be 'valid'.
Note this certainly doesn't stop you from applying to have their stay application thrown out
Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Not sure exactly how this chat / forum works but here goes !
I have followed the process to the letter in my claim against Lloyds TSB. They are still fighting ,and I now have a court date of 2 november. I did notice on their allocation questionnaie under section A that they tick yes in the settlement section whereas I ticked no, perhaps they are indicating they might be going to settle out of court before the court hearing.
Is this their normal approach ?
I do find this whole process entertaining and would relish my day in court lets see what they do.
I will be brief, because I don't want this to hi-jack someone else's thread! Why not start your own thread letting us know what you've done so far?
It is normal for the solicitors to apply for the one month stay. This is almost their last chance to settle before getting to court - and the bank doesn't want it to get that far! I would recommend a polite, but firm letter to the solicitors and a copy to Lloyds - pointing out that they have applied for the stay so you require full payment with no conditions attached. You should hopefully receive a settlement offer shortly thereafter.
Have you found my post helpful? If so, please click on the scales at the top right of this post! Please read the FAQ's!
My Claims:
LLoyds TSB - Click! NOW SETTLED: £760.58 received 1/11/06
BarclayCard - Click!
Claiming £350. Partial refund of £120 received.
Moneyclaim deemed served on 30/9/2006. Darn it, defence filed 4 hours before deadline!
Capital One - Click!
Claiming £190. Partial refund of £72 received.
Sent LBA on 24th September. Cap one won't refund me.
Going for contractual interest on this one, after Lloyds and Barclaycard pay up!