LLOoyds/SCM claimform - Lloyds loan **SUMMARY JUDGEMENT DISMISSED ** BATTLE CONTINUES

[kel123]

Tonk

 

I am subbing with interest, SJ hearing 4th nov

[AndyOrch]

Hi Tonks

 

Looks like they are getting nervious.I trust you have read up on Part 36 offers?

 

Regards

 

Andy

[Tonka99]

Hello Andy & all:)

 

Hope your well

 

Could please tell me if a case summary is their defence

as they had to have the defence in by yesterday, it was on

the back end of the pre trail list along with their costs so far.

 

Thanks

 

Tonks:)

[AndyOrch]

It is Tonka

 

 

Regards

 

Andy;)

[Tonka99]

Hello Andy & all:)

 

Update

 

Had a letter from the courts yesterday the trial has been

moved to another court , phoned court to ask why told

because its a Multi Track case.

 

Today had a letter from **** dated 26th Oct

 

"We write further in the above matter and particularly the

Order of sept 21st for filing a Reply & Defence to your Amended

Defence and counter claim.

 

As you are aware, the Order required you to file and serve your

Amended Defence and Counterclaim by 6th Oct , however we did

not receive these documents until 19th oct .

 

We therefore request that you confirm your acceptance of the

extension of the time for completion of part 3 of the Order till 30th

Oct . We believe that this will not affect the timetable of the trial

in anyway."

 

Well I sent the docs by Special Delivery and have printed of a copy

for the court it gives the time and date and was delivered 10 days

before they claim it was

 

I think a letter to say try again you will have to do better than that

any excuse to be late again , all good for the bundle , I will be so glad

when this is all over and then maybe i can get on with my life;-) not

long to wait now.

 

Thanks for looking

 

Tonks:-)

[kel123]

Tonks I have gained a similar attitude towards them! I wonder if it's a ply to get us off guard and write/say something we regret? Also It may be an attempt to gain the moral high ground with the court. I'd make sure the court knows the delivery dates when I said no!

[Tonka99]

HI Kel

 

Thing is they needed to have their defence in by the 26th

and i only got the letter today DATED the 26th well will have

to see what tomorrow brings .

 

Good luck with your SJ next week

 

Tonks:)

[citizenB]

Hello Andy & all:)

 

Update

 

Had a letter from the courts yesterday the trial has been

moved to another court , phoned court to ask why told

because its a Multi Track case.

 

Today had a letter from **** dated 26th Oct

 

"We write further in the above matter and particularly the

Order of sept 21st for filing a Reply & Defence to your Amended

Defence and counter claim.

 

As you are aware, the Order required you to file and serve your

Amended Defence and Counterclaim by 6th Oct , however we did

not receive these documents until 19th oct .

 

We therefore request that you confirm your acceptance of the

extension of the time for completion of part 3 of the Order till 30th

Oct . We believe that this will not affect the timetable of the trial

in anyway."

 

Well I sent the docs by Special Delivery and have printed of a copy

for the court it gives the time and date and was delivered 10 days

before they claim it was

 

I think a letter to say try again you will have to do better than that

any excuse to be late again , all good for the bundle , I will be so glad

when this is all over and then maybe i can get on with my life;-) not

long to wait now.

 

Thanks for looking

 

Tonks:-)

 

 

They do so hate it when you provide evidence of receipt of paperwork from the Royal Mail Website:D

 

Have they submitted everything they should have done ?

[Tonka99]

Hello Andy & all:)

 

Do I need to write a letter to say I wont be taking them

up on their PPI settlement offer ,and about the agreement

to allow them extra days to get their defence in ,they have tried

to blame me but on cigar:p

 

Thanks for looking

 

Tonks:)

[AndyOrch]

Without Prejudice offer made under part 36 of the CPR

offer made 13th Oct .

The claimant accepts that the PPI policy COULD have been mis sold

and this offer is specifically in settlement of your counter/claim

Upon accepting this offer within the time you will become liable

for our costs up to the date you serve Notice of Acceptance

lots of waffle about them getting a judgement ect:rolleyes:

then " if you require further clarification of this offer you may no later

than 21st Oct request that we provide such clarification".like TODAY:rolleyes:

 

If you accept this offer it will amount to a settlement of the C/C the

claimant will however continue with their claim for the remainder of the balance outstanding less the amount of refund mentioned above

 

Hi tonks I trust you are well

Obviously they dont comprehend the damages limitations of their action re miss sold PPI and the fact that it renders the whole agreement unenforceable anyway.

Perhaps a little response of thanks but no thanks I will get more if I proceed to trial might jerk them to their senses.

 

Regards

 

Andy

Edited November 2, 2009 by Andyorch

[the_shadow]

Perhaps a little response of thanks but no thanks I will get more if I proceed to trial might jerk them to their senses.

 

Just a thought but personally I'd like to mention the recent case of a credit card debt being quashed due to PPI in any case involving PPI now. Just quoting the parties involved should be enough.. it got enough press

 

Judge quashes woman's £8,000 credit card debt in 'landmark ruling' on mis-selling of payment protection insurance | Mail Online

 

S.

[AndyOrch]

Thanks for that Shadow you understood what I was referring to.

 

Regards

 

Andy

[the_shadow]

Thanks for that Shadow you understood what I was referring to.

 

Regards

 

Andy

 

I do try ;-)

 

S.

[Tonka99]

Hi Andy & Shadow

 

Thanks for that , in my C/C part 20 i did refer to the

case in question, also in my amended defence .

 

This principle that a mis sold insurance policy is capable of

tainting and invalidating the entire agreement is likely to become

a very dominant feature in challenges to the Consumer Credit Act

agreements.

 

Will drop them a line tonight then

 

Many thanks for your help

 

Oh what should i be doing next only one month left now

 

 

Thanks Tonks:)

[AndyOrch]

Sharpening your knife:D or is that sword

 

If you could post up your response Tonks.

 

Regards

 

Andy

[Tonka99]

Hello Andy & All:)

 

How does this sound

 

 

 

TONKS @ Home

 

 

Date 02 November 2009

 

 

SCM Solicitors

Dept. SO

PO Box 499

Second Floor

Three City Park

The Droveway

Hove

East Sussex

BN3 7AU

 

 

 

Lloyds TSB Bank plc-V- Mr Tonks

Claim No mmmmmm

 

 

Dear Sir/Madam

 

 

I write in response to your letter dated 13th October 2009 which was received here on

21st October 2009 .

I will not be accepting your refund Loan Protection Insurance offer as I do not except

that I am only entitled to the premiums paid , and will continue to proceed to trial.

 

 

In response to your letter dated 26th October 2009 received here on the 29th October

 

 

I do not give any acceptance of any extension for completion of part 3 of the Order

as I have proof that you did indeed receive my documents i.e. : Pre Trial Check-list

Amended Defence & part 20 Counter Claim on the 9th of October2009 @10:37.not

the 19th October 2009 as you have stated in your letter dated 26th October 2009.

 

 

 

 

Yours Faithfully

 

 

Mr Tonks

 

 

Will be posting SD tomorrow Tuesday .

 

Thanks for looking

 

Tonks:)

[AndyOrch]

Good Tonks but I'm sure we can ruffle their feathers a tad more if you will allow me in the morning:D

 

2nd part is excellent

 

Sweet dreams

 

 

Andy;)

[Tonka99]

Hello Andy

 

Im ok with that go ahead

 

Cheers

Tonks:)

[AndyOrch]

Dear Sir/Madam

 

 

Further to your letter dated 13th October 2009, received on 21st October 2009.I must admit I am rather bemused at receiving such conformation from a company of Solicitors that the PPI element of my counter claim was in fact mis sold however thank you for the conformation.

I'm sure you are aware of the recent case at Newcastle-upon-Tyne County Court, Deputy District Judge Jacqueline Smart ruled that the PPI policy had been unfairly imposed, ruled such an arrangement to be in breech of the Unfair Relationships and Unfair Consumer Credit Act Section 78, and subsequently the FSA announced a package of tough measures to protect consumers in the PPI market.

On that basis, unfortunately I will not be accepting your offer nor your costs and therefore my only option is to proceed to trial, not only to recoup mis sold PPI but request damages in this matter also.

 

 

 

In response to your letter dated 26th October 2009 received here on the 29th October

 

 

I do not give any acceptance of any extension for completion of part 3 of the Order

as I have proof that you did indeed receive my documents i.e. : Pre Trial Check-list

Amended Defence & part 20 Counter Claim on the 9th of October2009 @10:37.not

the 19th October 2009 as you have stated in your letter dated 26th October 2009.

 

 

 

 

Yours Faithfully

 

 

Mr Tonks

 

 

Ok Tonks?

 

Regards

 

Andy

Edited November 3, 2009 by Andyorch

[mkb]

Dear Sir/Madam

 

 

Further to your letter dated 13th October 2009, received on 21st October 2009.I must admit I am rather bemused at receiving such confirmation from a company of Solicitors that the PPI element of my counter claim was in fact mis sold however thank you for that information.

I'm sure you are aware of the recent case at Newcastle-upon-Tyne County Court, in which Deputy District Judge Jacqueline Smart ruled that the PPI policy had been unfairly imposed, ruled such an arrangement to be in breech of the Unfair Relationships and Unfair Consumer Credit Act Section 78, and subsequently the FSA announced a package of tough measures to protect consumers in the PPI market.

On that basis, unfortunately I will not be accepting your offer nor your costs and therefore my only option is to proceed to trial, not only to recoup the mis sold PPI but to request damages in this matter also.

 

 

 

In response to your letter dated 26th October 2009 received here on the 29th October

 

To claim that I have not complied with the order for Part 3 completion is somewhat perplexing since I have proof that you in fact received my Pre-Trial Checklist, Amended Defence & part 20 Counter Claim on the 9th of October 2009 @10.37hrs & not some ten days later as claimed in your letter dated 26th October 2009.

I therefore do not give any acceptance of any extension for completion of part 3 of the Order.

 

 

 

Yours Faithfully

 

 

Mr Tonks

 

OK Tonks?

 

Regards

 

Andy

 

Have made some adjustments but won't be offended if you tell me to bog off

[AndyOrch]

You altered Tonks second part MKB ,excellent does read better.

 

Andy

[Tonka99]

Hello All:)

 

Thanks for that Andy & mkb

 

Just had delivered their defence which is somewhat late

should have been in by the 26th Oct shall i still send the

letter and keep one for the court

 

Would you like me to post it their defence up , it does mention

CAG and the default notice they took off the site

 

Thanks

Tonks:)

[AndyOrch]

Why not Tonks

 

We could do with a little light hearted read;)

 

Regards

 

Andy

[Tonka99]

Ok Andy

 

Im so p**** off with them they think any old time

will do well it wont:mad:

 

Will post up tonight or sooner if poss seems we have the

same Barrister that we had a the SD trial

 

Thanks for the help

Tonks:)

[shortfallhelpneeded]

Just subbing this thread - have read all 18 pages with interest. Have no particular interest in this case as my issue is rather a secured loan, but do like to see the bad boys (and in this case their initials do seem highly appropriate ) getting a spanking thanks to the help of Caggers!

 

Only found these forums a few days ago by chance, but think you Caggers are the bees knees, offering a wonderful service to people who wouldn't know better otherwise and wouldn't get the fair treatment which they deserve.

 

George

 

p.s. would like to add that I am a banker (not in the faintest involved with credit though) and in our defence we really aren't ALL bad. some of us are also just trying to earn a decent living!

Edited November 3, 2009 by shortfallhelpneeded
typo!