Thanks sea-sidelady, It feels good

Well it's been a long time since I've updated on this thread.

But I have some good news to share I should have been going to court on the 2nd May to fight for the contractual interest. But to my surprise on Saturday morning a letter arrived, saying,

The defendant has settled the claim in full on commercial grounds without admission of liability.

so that means they paid me the contractual interest, without a fight. It had gone into my account and I had not noticed.

I think I'm still in shock:eek:

I WON:)

Yep will send it later, once i've fed the kids and OH

Purple X:)

Good afternoon all,

Like you said GaryH nothing back from the court and I rang just to make sure.But the postman did bring me a witness statement.

Well it's crunch time, spent a lot of time reading and rereading lots of threads last night and this morning. I've been swinging from going to court to not going to court.

and at this moment in time I don't think I can argue the case well enough, my nerves have got the better of me. Just one thing keeps nagging me

Do you think they will turn up in court?

Well going to ring SC&M around 3ish to say I will accept their offer.

Purple X

Just a quick update, SC&M rang back and offered the full amount of charges and asked if I would accept this as settlement, I told her that I would get back to her later today, however I did not, this gives me time to hear back from the court as I've sent the non-compliance.

Purple X

Hi John,

Well they just called back, (which I find a little funny as I rang them last week on the 17th April and was told someone would get back to me, and it never happened) their a bit more on the ball today.

The call went something like this:

I told her I could not accept the amount as settlement as it was not the full amount of my claim.

she said that they have been instructed to proceed with the hearing over the CI.

to which I pointed out I would still be going to court as they have not paid the full amount of charges.

She did ask if they paid the rest of the charges would I be prepared to settle. So I said at this point that is a question I can not answer.

So she's going to ring her client LTSB and get back to me,

Purple X

John

Just had another look at their defence, and it says nothing about CI

Still waiting on that call

Purple X

John72 This is what they put in the letter:

The remaining part of your claim relates to the interest at the contractual rate of 29.8%, that you are seeking to claim against the bank. We cannot accept that the court will award this rate of interest.

The reason the bank can charge this level of interest is because you specifically agreed as part of the contract between you and the bank that this rate could be charged. The bank therefore has a contractual right to charge interest at that rate. You do not have such a right and therefore we believe that the court will only award you interest at its standard rate of 8%.

GaryH, I'm hoping they get back to me today with a new offer of the full amount of charges. If so then, I think I have taken this as far as I can.

Purple X:)

Hi nearlythere, I submited my court bundle 15 days before the court date which was the 10th April, court date being the 25th and yes I did send the non-compliance letter straight away. I'm claiming £800.00 in charges & contratral interest

Purple X:)

Good Morning all, good news & bad news

Received 2 letters this morning from SC&M one saying that they are going to settle and one with the cheque attached, unforchantly they have not paid the full amount they are around £70.00 short on the charges and they have only paid me the 8% interest not the contractual. They asked me to ring them if I accept this sum, so I've rang to let them know that I do not accept.

(So now waiting on a call back)

Wish me luck

Keep ya posted

Purple X

Morning all, Still nothing from SC&M so sending Non Compliance letter to court today. Lets see what this brings if anything.

Purple X

Just had a good read of application for costs if and when they pay up I will look in to it more.

Purple X

Thanks skbuncks

The only thing is it's a closed account, so I need payment by cheque. I'm hoping that this will not make any difference.

Starting to feel a little nerves now.

Purple X

Still nothing from SC&M, not sure if i should give them a ring.

Any thoughts?

Purple X:)

Hi c allen, i'm at the same stage as you. When is your court date? Mine is 6/5/07.

Purple X

Good morning all, i've not recived SC&M documents which should have been here yesterday, So sending a copy of GaryH's Non Compliance letter.

Purple X:)

Any news crusty git? I'm in court on the 25th of April against Lloyds

Purple X:-)

Any news crusty git? I'm in court on the 25th of April against Lloyds

Purple X:)

Took the court bundle to court today, so now lets see what happens will keep you informed,

Purple X

I did add a little more to it, hope it will be enough:confused: Posted a copy to S,C & Michell, just need to hand a copy in to court on Tues.

keep ya fingers crossed for me Purple X:)

Thanks again Gary your my life saver:) having a few problems with the statement of evidence and after rereading the order not sure if i should do the WITNESS STATEMENT instead.

Help

Thanks Purple X

I can anyone help me on this, just noticed this on my notice of allocation to the small claims track (hearing)

Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned. this includes the evidence of the parties themselves and of any other witness, whether or not he is going to come to court to give evidence.

Looked at the STATEMENT OF EVIDENCE and not sure if thats what i need to do

If anyone could get back to me ASAP Please

Thanks Purple X:)

Thanks GaryH I did add them updated index looks like this

Correspondence

Latest Schedule of Charges

Statements

Relevant Case Law Summary

Early Day Motion from the House of Parliament

Dunlop v New Garage

UTCCR 1999

UCTA 1997

SOGA 1982

OFT Statement Summary

List of Settled Claims

Peter McNamara Interview (Transcript)

Australian Default Fee’s Report

BBC Commission Conclusion

All printed and ready to go.

Purple X:)

Hi can anyone help i'm would like a copy of The Competition Commission Report to add to my court bundle. But every time I use this link it tells me

that don't have permission to access this page.

The Competition Commission report

Thanks Purple X:)

Hi again, got most of my court bungle together ready for printing it consists of the following

Correspondence

Latest Schedule of Charges

Statements

Relevant Case Law Summary

Early Day Motion from the House of Parliament

Dunlop v New Garage

UTCCR 1999

UCTA 1997

SOGA 1982

OFT Statement Summary

List of Settled Claims by Lloyds TSB

Just wondered if anyone knows the case numbers of any Lloyds cases that have been settled with compounded contractual interest as I would like to include these.

Anything else anyone would advise to include?

Purple X