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mr k frog

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Everything posted by mr k frog

  1. Hi Guido, Thanks for the links. Got a cheque through yesterday for the amount of the offer. It is going to be so tempting to bank it, but I know we should return it with a letter refusing the offer. I do not understand how they think that now is the time for an offer when the judge has made that order? Anyway we shall post the rejection letter, back with the cheque. But how do I convey this to the judge, or do I just wait for the deadline for the order to pass and wait for the judge to rule the amount I am owed? If I want to claim for my time/letters, is that sent direct to the judge, or is that a separate claim? Surely not, I guess it is up to the judges' discretion to award these costs anyway. This is the hardest point, we actually have something to lose now, as at least we have got a cheque off them for 2/3 of the money. Any advice/encouragment would be greatly appreciated! Thanks for all your help Guido, you have been a star! Mr K Frogs other half (and no that does not make me Miss Piggy!)
  2. Hi Guido, Yes the order is as follows: " The court, of its own motion, is considering striking out the defence in this action as an abuse of process. The basis for this is the fact that the defendant is settling all claims of this nature where the claiments are seeking reimbursement of bank charges, with no claims proceeding to a contested hearing. The court considers the authority of Mullen-v-Hackney Borough Council (1997) 2 A11ER 906 relevant. If the defendant objects to the proposed strike out, it is ordered to file, by no later than 4pm on 18th May 2007, a schedule setting out all claims of this type an England and Wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it ihas compromised before the final hearing after such proceedings have been issued. Upon receipt of any such objections, the court will consider listing the claim for an on notice hearing of the strike out issue. In the absence of any such objections being filed in time, the defence herein will be struck out a judgement entered for the amount claimed by the claiment, together with the appropriate costs claimable on the small claims track." Yesterday (11th) we received a letter from SCM as 'full' settlement of the claim, with the monies going directly into the Lloyds bank account. My other half rang them to state the the bank account was now closed, and that the amount claimed is actually £1294, when they are actually offering £1069. So to reject their offer. The chap he spoke to said that the £1069 was all that they were prepared to offer. We responded by saying now the judge has ruled they are not really in a position to make an offer, even though it said full settlement in their correspondance. I have no idea how they arrived at this figure, just seems to be one they have picked from the sky! SCM replied by saying then it will go to court, great! They have until this Thurs to comply with the order, after which time I am assuming, in the absence of any information forthcoming from themselves, they will be liable for the full amount. We will confrim all we said to them on the phone in writing and then forward a copy of their correspondance, and ours to the Judge after the 18th May. Any suggestions on how we should word this to the Judge? Or should we just wait for him to notify us of the amount with costs that have been applied by the court? Thanks for your Guido, sorry it has taken a few days to get back to you. Hope your claim is nearing its end too. Mr K Frogs, other half.
  3. Hi Shyam, well yesterday we had a letter from the courts saying that unless Lloyds were able to supply a list of all cases they have actually taken to court, that the judge would strike it out as an abuse of court process!! Thats very good news, we all know that Lloyds will never provide that info. Now we just have to wait until 18th May, and then the judge can make the order.
  4. Hi Guido, Congratulations on the result of your 2nd AQ. Just wondering is it necessary to complete a 2nd AQ after a stay has expired? We rung the court today (as ours has now expired) and they just said 'pop a note' in the post to Judge to explain we had sent Lloyds a letter during the stay period and received no response. Mr Frog.
  5. Thanks for that Guido T, Have read your thread....I must re-read the Lincoln thread again. Will be sending letter based on yours, so again thanks. Mr Frog
  6. Hello, I have had trouble from these people for two years now. It originated because I hadn't deferred and the debt was bought by them from the SLC. I have never earnt anywhere near the threshold, in fact earnings are £187 per month Carers Allowance! However, they have been awful and bulllied me into paying £100 per month, which I put on my credit card. After getting advice I sent them a budget sheet and got the monthly amount reduced to £20. They are now saying that they will accept only £34. I have said I will pay £20, and included a new budget sheet. I have written them letters of complaint as they send me letters saying I have defaulted when I havn't, renew the agreement over the phone then deny they have and have been very rude. So my question is this..... How can I take my complaint any further? They are not governed by the FSA. OFT do not investigate individual cases. Also they have said they will take me to court. This for me is a scary option and I do not want a CCJ. Should I push them? Would it be worthwhile asking for a copy of the CCA, or should it be a SAR. And who would I sent the letter to? Honours Student Loans or the Loan Company. With regards to charges, is this a SAR to Honours or the Student Loan Company? I don't mean to sound really stupid, I am pursuing my bank claim reasonably intelligently! Its just that there do not seem to be as clear guidelines for these people. Thanks for anyones help, I have read other threads about these people and realise that they do ignore letters. Hopefully a CCA/SAR might make them take my case a little more serioiusly. Mr Frog.
  7. HI, after completing the AQ, we have now had a letter saying that the Judge has ordered a 'stay'. I can't see how this can go forward. I realise its to give another opportunity to reach a settlement, but if there is no change do we both have to complete another AQ? And what happens if Lloyds just don't respond? Bit disappointed, hoped that the Judge would just ask for it to be settled! We submitted the updated AQ, am wondering if the Judge thought this to be a bit presumptuous..... What a pain!! Any tips anyone, Many Thanks.
  8. Thanks for that, I was looking for it. Knew I had seen it but couldn't remember where!! Regards.
  9. Hello, Just to update thread.... Have now received Lloyds standard defence and got until 16th MArch to fill in AQ. Back to reading lots of threads now, am so paranoid will make a mistake and blow it. Also looking into the Honours Student Loan people, they have been awful and thinking about asking them for a copy of the original agreement to see if they can find it. If not hopefully I can argue it is unenforceable... Oh I wish!!
  10. Hi, just looked up my stuff. The number for Carers Allowance is : 01772899515. Department for Work and Pensions you have to get DLA awarded for personal care, and I think it has to be at the middle or higher rate. Did you know it can be backdated, also they will only award DLA 3 months post diagnosis. You can send the claim in before then, but the money will start after those 3 months. Sorry when I said WFTC, I meant CTC. Our income is about 22,000 and it added around £1000 to our award. If you get CA you should declare it to CTC as it is a taxable income. Will let you know if I think of anything else. DLA, like most things, have their own peculiar rules and they look for certain things on a claim form. As for CTC/WFTC I too find it confusing. They always seem to overpay us. We are constantly paying back overpayments. Another thing about getting DLA, it then means any CTC overpayment can only be reclaimed by reducing your award by 25%. What I mean is that now you have had payments stopped completely to reclaim the money. If you get DLA they can only reduce the payment by 25%, so you won't be paying so much back in a big lump. Although it does take longer to pay back. Good luck, Marie
  11. Hello Di, afraid I have no pearls of wisdom on the WFTC front. But did you know you can get Carers Allowance? My son has diabetes and we get DLA, when you get it, apply for Carers Allowance it is £187 a month. In order to qualify you have to look after your son for 35 hours a week and not be earning more than £86 a week (Roundabout that amount) If you get no joy with DLA you must appeal. Our WFTC entitlement went up by £1000 because of the disability element. Good luck.
  12. Thanks, just been reading your thread, what a drama! You must have some serious stamina and strength. But at least you seem to be getting somewhere at last. Marie.
  13. Please, please, can someone answer my above questions about getting Lloyds TSB name wrong on the N1 form. Have just read on a previous post that it is important to put the PLC part, which I didn't. PLease can someone give me an idea about what to do about this. I feel like crying that all my hard work will be for nothing. Many thanks.
  14. Hi Everyone, Would someone please answer if it matters that I only put Lloyds TSB on the paperwork for court, not Lloyds TSB bank PLC, please? I will only be able to go into court to change anything tomorrow, so would really appreciate advice. I know its just a minor thing, but I don't want it to muck up my claim. Many thanks
  15. Hello everyone, have just submitted my claim, but am now paranoid that I have done it wrong. I only put Lloyds TSB as the defendants name, not Lloyds TSB Bank PLC, does that matter? Many thanks, Mr Frog
  16. Just a quickie!! I am assuming that the copy for the bank goes to court with the court copy and that the court forwards it on? Have searched and can't see that it says any different anywhere.
  17. Thank very much for that. No matter how many times I read the guides it wouldn't sink in!!
  18. If anyone is reading this at the very beginning of their journey and wondering whether to bother or not, please do!! After just one letter (following SAR) Natwest paid up!! It was only £86, but worth the costs of a couple of stamps. Now if only Lloyds were that easy.....
  19. Hello everyone, I am now in the stage of deciding whether to submit my other halfs claim via moneyclaim or the N1 form. Lincoln court is our nearest and it looks like there might be action from the judges there, having read several posts now from Lincoln people. When I tried to paste the details of particular of claim onto the N1 form to print out it didn't seem to fit and a scroll bar icon came up beside it. Also how do you work out the daily interest? My other half has two bank accounts for which I am claiming, with two separate daily rates of interest. This has been produced by two separate spreadsheets, thanks so much for these Vampress. I am assuming that the two bank accounts can go in one claim? They are both with Lloyds. Happily, NatWest paid out for my bank charges after just the one letter!! How easy was that?! Hope for some answers, thanks.
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