Thread: Court date postponed for 30 days

Can anyone give me advice. I have just received a copy of Lloyds TSB allocation questionnaire and they have requested a postponement for one month so that they can attempto to settle the claim either by informal discussion or by alternative dispute resolution. What does this mean, do they call me or do I just wait. Please can anyone help, Thanks.

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Hi Tracey,

They ask for the extra month in all the A/Q's and its just another stalling tactic I'm afraid. It does give you an opportunity to contact them though, as they have indicated they intend to settle, and see what they have to say. You can send this if you like:

Dear Sir/Madam,

Thank you for providing me with a copy of your completed N149 allocation questionnaire, which I received on **/**/**.

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one month postponement in proceedings in order that a settlement may be reached by way of negotiation.

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, all my previous attempts at dialogue with your client have been met with outright refusals to negotiate this matter, and on **/**/** I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £***.

In light of your indication of your intention to negotiate, I will await your communication informing me of how you wish to proceed.


Yours faithfully

Many thanks for your help and advice. Did you send this letter to the bank and did it speed them up.

Oh, actually is it the bank I send the letter to or the solicitors?

Send it to the solicitors, SC&M.

No I did'nt actually send it myself, I was at the A/Q stage months ago. I origionally wrote it for Jadest a week or two ago. It may well prompt them into offering a settlement, but even if it does'nt, you would at least be able to show the judge you have tried to negotiate with them, should it ever get that far (highly unlikely).

Thank you very much, I will send the letter and see what they have to say.

ok the letter has gone, now I wait. Cheers

Good luck Tracey, let me know how you get on

Hi Gary, I have now received a letter from the county court a Standard order for stay for settlement with consent of all the parties. It says that the claim is stayed until 10th November 2006 to enable the parties to attempt settlement. Do I just wait now and will the bank then ask for another stay.....any ideas... Many thanks. Trace

Hi can anyone help, my local county court have just sent me a letter saying that the claim is stayed until 10th November to enable the parties to attempt settlement. What does this mean? and they have until 24th November to either settle or request an extesion. Is this just another way of dragging out the time and if so will they probably ask for an extension. If anyone knows could you let me know. Cheers ..........

yes its a delay.
not to sure but you might have to oppose it as they have had long enough

Get in touch with SC&M by letter and invite them to 'negotiate' a settlement, pursuant to the order of the court. Also send a copy of the same letter to the court.

Hi can anyone help me.I have just received a full offer of settlement from the solicitors working for Lloyds TSB but I have to sign a statement first saying.
1. The above amount will be credited to my account
2. The payment will be in Full and final settlement.
3. The terms of the agreements are confidential.
4. You must agree to maintain your account with the bank within his agreed limits and the terms that govern the accounts.
5. You can avoid these fees in future if you agree an increase in your overdraft with the bank before you try and make payments that would take you over any previously agreed limits.

Do I cross any of these out or just sign and wait for the money to be credited. Please could anyone tell me.

Many thanks.

Congratulations!!
Just cross out the ones you are not happy with and send it back.
Well done!
Barty

Thanks, I am so chuffed, I carn't wait. I have just crossed out 3,4,and 5 and I am going to the post office now to send it off. I will let everyone know when the cash rolls in....YIPPEE...

Congratulations Tracey!!!

Don't forget the survey.