Price v Lloyds TSB

[freebird]

yes Moo, follow the call up with a letter/fax stating what you are prepared to accept with no conditions etc......

[kfdh1962]

Hi Moo,

SC&M requested the one month stay on their AQ but have nad no contact, more than 3 weeks have passed. So following freebirds lead i sent a letter by fax yesterday asking them to enter into meaningful dialogue in order to reach a settlement.

I sent another today, re-itterating yesterdays letter and attached a copy of the schedule of charges in the claim with the interest calculation up to today's date, and again requesting their proposal for settlement (copies to the court of course)

I think i will do the same very couple of days now....the fax machine will be in meltdown by the time we've all finished ha! ha!.

looks like you may get some good news on the farepak front...fingers crossed for you.

[freebird]

Moos, see my thread, nearly there now.... you get faxing them tomorrowfreebird x

[GaryH]

well, i got a letter from the court today, saying SC&M have had a stay granted until 6th December. We now have until 18th December to reach a settlement. Im hoping that this means I'm gonna get something before xmas, but not holding my breath.

 

1st phone call to SC&M tomorrow i think.

 

Use this if you like. If you do, send a copy to the court as well.

 

Dear Sir/Madam,

 

I write in relation to the above claim (put claim details at top of letter) and specifically the staying order placed upon it by the court on **/**/**.

 

You requested this stay to be ordered in the Allocation Questionnaire of the defendant, in order that a settlement is reached by way of negotiation. The court has subsequently acceded to your request and I am therefore inviting you to offer your proposal's for the settlement of these matters.

 

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 honourable court's order in such contempt as not to respond to this letter positively and in the manner in which your request for the stay has indicated.

 

As such, I will expect a response prior to the date set by the court, **/**/**, informing me of how you intend to proceed.

 

A copy of this letter has also been sent to the court.

 

Yours faithfully

[moosetastic]

thanks everyone for your posts, I haven't been on for a few days

 

Huge congrats Freebird! xxxx

 

I have copied the template letter from freebirds post to send, but every day this week something has come up and its been the last thing on my mind

 

i will send on monday, with copies to the court.

[moosetastic]

right, first letter gone to SC&M by recorded delivery today, and a copy to the court.

 

now we play the waiting game..................... again!! :grin:

[freebird]

Hi Moos, send a fax of the letter too, as we know that SCM don't get their letters straight away, that way you can follow it up with a phone call the same day or day after..........I'm sending you a PM so watch out for it....

 

 

here's something interesting, don't know if it could help you in any way...

 

Farepak in administration: What to do? (Merged Thread) - MoneySavingExpert.com Forums

Re: Fairpack !!!!

 

Did you pay for any of it on a credit card? If so 'hoorah!'

 

If your hamper/vouchers cost over £100 and you paid all or even part of this on a credit card then your credit card company is equally liable under the law with Farepak, and you should make a claim against it for your money. This is a legal protection that you have and should mean you get all your money back. For full details on Section 75 please see the Consumer Rights Article.

[moosetastic]

ok, I have sent a letter to SC&M hopefully to speed things up a bit and sent a copy to the court, no response as of yet.

 

I dont have good access to a fax machine (only at work that im not allowed to use for personally use) so has anyone used the email address [email protected] which is on another thread?

 

If so, did it work? would it worth a try to try and email a settlement out of them?

[moosetastic]

tried to send an email last night but it came back as undelivered. but...........

 

 

Received Conditional settlement today!!! I've only sent one letter to them as well so I'm quite shocked!

 

Its marked Without Prejudice, Confidential and Privileged.

 

This letter is marked without prejudice and is confidential and privileged which means it will not be produced in court... blah de blah.

 

Willing to pay you the sum of £1611.51 to your account on the following basis -

 

it will be paid into your account

The payment will be in full and final settlement of the claim

The terms of this agreement are confidential to the parties

You must agree to maintain your accounts within its agreed limits

 

What happens now? Are these the terms that I should be turning down? Any help please!! but, just to reiterate :D :lol: :D

 

I'm a happy moose tonight!!!

[Michael Browne]

Date

 

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement for this claim of bank charges

 

I accept this offer without predjudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[moosetastic]

thanks Michael for that, I will send it tomorrow!

[BARTY]

Congratulations Moose!!! :D

I've so pleased for you, especially after what them swines Farepak have done to some of us.

Barty:)

[midge61]

Hi

 

CONGRATULATIONS and enjoy

[kfdh1962]

Hi Moose,

well done you, thats brilliant news....hopefully you can get it before christmas which would be great especially in view of the farepak issue.

 

i got exactly the same letter last night when i got home!!! offer of the full refund of £4464!!!, so i'll be sending the same letter michael posted accepting offer and rejecting terms. so maybe i'll get a good christmas too and pays off some debts..heres hoping

[kfdh1962]

Hi Moose,

so if we send the letter posted by Michael, do we also send the SC&M letter with it, signed, but with all conditions crossed through? or not send the SC&M letter at all:idea:

 

 

kevin:confused:

[kfdh1962]

Hi Moose, reading through the SC&M letter again i guess we just send the letter as per michael's post and wait for e new letter from SC&M with all the conditions removed

 

kevin

[moosetastic]

Hi Moose, reading through the SC&M letter again i guess we just send the letter as per michael's post and wait for e new letter from SC&M with all the conditions removed

 

kevin

 

Yep thats what Ive done, just sent the letter that MIchael posted and nothing else. I guess a new offer letter will arrive in due course

[GaryH]

No, don't send their letter back, just the one from MB's post will do fine.

 

You should find the money just appears in your account as 'settlement of claim'. Its doubtful that they will write to you again.

[freebird]

Moos & KF..WTG guys,, brill news eh, well done you deserve it.

Yes follow all above advice and don't sweat, Gary's right as soon as you turn your back it will be in your bank accounts.

I'm just chuffed to bits for you.....

 

 

Moosey, have a lovely crimbo love, just deserts eh!

I told you the worm would turn.

Luv Freebird x

[moosetastic]

thank you freebird hun, and to everyone else for their congrats, and well done kdfh for your offer as well!!

 

i still cant quite believe it!! as soon as its in my account I shall let you all know!

[freebird]

Moos they said 7/10 days to me, 3 days later I got a courtesy call from mr.t to say it was in my bank..nearly screamed the shopping centre down....keep checking a couple of times a day......

[moosetastic]

believe me I'll be checking my bank every day!! even today and its saturday lol

[moosetastic]

well I havent heard anything just yet. I'm not a patient person at the best of times, but this is driving me crazy!!!!

[matmondez]

Moo its driving us all crazy believe me!!!

[moosetastic]

Moo its driving us all crazy believe me!!!

 

LOL so close yet so far, I can almost smell it!!!