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Everything posted by hairybear86

  1. hi, ive left all my paperwork at home and need to fax something across to scm can anyone tell me there fax number please? thanku lol x
  2. i no this is probably a silly question, but i have flu and cant think straight!! in the letter i am sending off above in the first sentance where it states xxxxxxxxxxxxxx. what do i put there???:idea:
  3. well ill give them 1 week from when i sent my letter on the 17th and ill send another: which i also got the letter template from this forum, i certainly couldnt word letters so well myself: still ill just hound them now until they finally decide to do something. im also gonna send a copy of all my letters ive sent to them to try resolve this to the courts this week, hopefully im getting it right? Dear Sechairi Clark & Mitchell I am contacting you due to the fact that XXXXXXXXXXXXX, has ordered the months stay you requested to enable us to attempt to settle this matter out of court before the December 07th 2006.. As I have contacted you on several previous occasions to see if you will enter into dialogue regarding my claim against your client, and received no response, I once again write to you to attempt to resolve the matter. What I feel is required is an honest and sincere attempt to clarify the issues so as to produce a solution which represents a just result - such as the court itself might produce, but without the help of the court. And for us to work out what is the legal right and to agree a solution based upon that right. This is my interpretation of the judge's order so I therefore propose that we attempt to deal with the main points. 1. Penalty Charges If the charges are indeed a penalty for breach which is the consensus of me and many others, this is yet to be disproved by your client. I agree therefore that your clients are entitled to recover losses caused by my breach. However, I do not agree that your client may profit from such a breach - and they cannot dispute this as it is already settled in law. 2. Service Alternatively if it does turn out that their charges are for a service and not imposed because of a breach (which at the present time I am not admitting to), I would agree that they are entitled to make a profit. However, my position is that your client is only entitled to make reasonable profits and that what is reasonable can be measured by reference to S.15 Supply of Goods and Service Act 1982. The first point above which is the major point of disagreement and is also the most easily resolved by your client, if they will simply provide a breakdown of their actual losses in relation to my particular case, based yearly as they can not claim that the costs or losses to them is the same in 2006 as it was in 2001. Then after examining the supplied information I would be willing to agree to whatever it discloses, and we can move forward. As to the second point which is whether the charges are a penalty or a fee for a contractual service is actually a question which I feel is far more suited to be decided by an independent lawyer - such as a judge. I hope that you and your client are being as sincere as I am to attempt a settlement of this matter through open dialogue, without the necessity of bringing the matter before a judge. Therefore I await your response to this correspondence, as the time you requested expires shortly and you have yet to contact me. I would be grateful if you could confirm receipt of this letter please Yours faithfully again thanks to this forum as couldnt of got this far with out the support
  4. well ill give that ago then, many thanks lol
  5. there 1 month to settle will soon be up and although the court date isnt set until february cant i justr start pushing them abit with more letters?
  6. oh ok, well when i called some women said that scm dont acknowledge our letters in the way of spking to us, unless there client(lloyds) asks them to do so.. well anyway ive started to fax stuff as well as sending stuff through post,
  7. i think im at the same stage as you lol.. can i just ask who is mr thomas?
  8. congratulations - gives us all hope thanks very much for all your help also lol
  9. oop sorry forgot to say i started my claim beginning of july 06 lol
  10. hi timmy they are dragging mine out to the very end i think, claiming for £1,624, recieved a letter stating my court date is for february, although SCM wanted an extra month from 7/11/06 to settle and amazingly enough said they wouldnt be available for all of november.. it seems that its all through scm and some are going through quicker than others, check my thread for updates http://www.consumeractiongroup.co.uk/forum/lloyds-bank/45576-scm-want-more-time.html good luck with yours lol
  11. i called up **** and spk to a receptionist, i explained id sent letters on 11/11/06, and i wanted to no whether they had been acknowledged, she replied they dont acknowledge any letters from us, and they dont need to spk to us at any time unless the bank 'lloyds'' request's them to ie by making an offer of settlement, and that SCM only act on when lloyds tell them to do so... i hope im going the right way about this - still very phased by it all
  12. ok well i sent another letter on 17th, (a week after my 1st letter) stating: Dear Sechairi Clark & Mitchell Two weeks have now elapsed since I received your clients allocation questionnaire, which indicated your intention to resolve the matters detailed above by way of negotiation. You did in fact request that the court order a stay for this purpose. To date, you or your client have made no attempt whatsoever to engage in dialogue and my last letter to you of 10/11/2006 has not even been afforded the courtesy of an acknowledgement. As it were you who requested a stay be ordered to negotiate, I must say I find your intransigent attitude both surprising and unacceptable. I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the court in such contempt as to abuse the system in the manner to which a false indication such as this would equate. As such, I will await your proposals for the resolution of this matter and I trust this will come within the next two weeks. A copy of this letter has also been sent to the court. so i have sent a copy of this letter off to scm, i will try call them to see if recieved
  13. i suppose, thanks though, im still not 100% on what a removal of stay is to be honest, i havent had chance to read threads about due to huge workload at moment.. here was an article is yesterdays sun about bank charges and how they are unlawful..... well i no ill be putting another claim in with lloyds as soon as this one sorted, will of accumalated lots more by then, reckon im upto £450 since july
  14. Please Can Anyone Advise Me On What To Do Now, Coz It Seems To Be Dragging Out, They Havent Even Offered Me A Settlement Figure And This Been On-going Since July..
  15. recieved a letter from court today stating ive a hearing set for 10am 13th february 2007 it is saying that the case has been fixed as a part of a block list and that each party shall deliver to every other party and to court office copies of all documents on ehich the judge tends to rely on at the hearing 14 days before.. i cant beleieve its been set that far away, does anyone no if this can be bought forward is it down to the courts.... really could of done with some cash for xmas, theyve already put another £105 in charges on my account to come out on dec 1st!! now im raged so i suppose i do nothing now?
  16. thanks scissorheart,. and i will be checking your band out later when home cheers
  17. can anyone tell me what happens now, do i just sit and wait for them to get back to me now?
  18. ok so i recieved the AQ from SCM today, stating they want an extra 1 month to settle, which im obviously gonna take it right to the end and not accept any settlement.. they have also stated they wont be available for any of november to attend court (thats quite worrying-what if they decide to come to court - oh well).... its a joke really...... as soon as this has been sorted im gonna do another one against lloyds! the cheek of them to put £105 charges this month and £70 last month - how on earth do they expect people to get on top of themselves when they taking stupid amounts of charges which probably only cost them 4p but they want to charge stupid figures. ive had it with lloyds they see i have good income go into my account monthly plus other rental income, but just because a d/d goes out 2 days before money goes into my account they want to penalise me evry time - god im outraged!!!!!!
  19. well, i took my AQ IN YESTERDAY 07/11 on the deadline and paid the £100, had to wait right upto the deadline due to didnt get paig until 06/11 and had to pay another £100, i also posted a copy of my AQ and another copy of my charges to SCM, so i suppose i'll just have to wait now.... and again thanku to everyone for any advice as i dont think i would of followed it though otherwise
  20. Im About To Take My Aq To The Courts, But I Don't Have The Extra £100 They Want, Does Anyone Know If There Is Anyway Around This, As Ive Already Paid £120 To The Courts When I Submitted It To Money Claim??????
  21. thats great, thanku for your advice... i will keep you informed and good luck to you also
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