mollymoo V Lloyds **WON**

[nicsussex]

Gary is right they are currently taking things lireally to the wire (they paid me literally hours before court date) but stick with it and you will get your money back in the end, just don't let their pointless silly games drag you down.

[kingliam]

My court date set for 31/01/2007, I hate Lloyds TSB!

[hairybear86]

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??????

[adamski]

No

you have to pay unless you are on benefits

adamski

[GaryH]

Hairybear,

 

If you have'nt already, please start your own thread and ask any questions on there.

 

If you receive benefits you're exempt from the fee's. However, even if you're not, if you can demonstrate to the court you cannot afford the fee, ie you are in financial hardship, they will arrange for you to pay at a later date, or perhaps in instalments. If you really can't afford it, speak to them and they will help. Remember though, you get the AQ fee as well as the court fee back if/when you win/get a settlement.

[freebird]

Molly,, any news yet..we're roughly the same time line and I've had the offer over the phone, see my thread......

 

Have you spoken with them recently, might be worth chasing them up....

 

xx

[mollymoo]

hi

 

still nothing.

been indisposed.

but now IM BACK!!!!!!!!!!!!!

 

SCM beware..... because i am not in a very good mood

[mollymoo]

I Want My Money!!!!!!!

[kingliam]

Me too!

[mollymoo]

anyone with any suggestions for "the next step"

if i try mr thomas again, he will just say "a court date has been set" wont he???

[GaryH]

I just wrote that for someone on another thread, which you can use if you think it might be useful. Won't do any harm anyway. You may need to edit it to suit though obviously.

 

Dear Sir/Madam,

 

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 **/**/** has not even been afforded the courtosy 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.

 

Yours faithfully

[Rbphot]

Hi Mollymoo, if you look at my thread, you can see the path I am taking with them, my Stay is up and the didn't bother to reply to my attempts to settle this.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14777-rbphot-lloyds-tsb.html?highlight=rbphot

I'm going for the throat, due to their failure to act on the stay the requested.

[mollymoo]

but i have a court date.

or doesnt that matter. can i still kick ass?

[mollymoo]

hi

 

can i ask??

 

is a "stay" the bit on the AQ where they ask for a month to settle???

 

or is a "stay" something different mentioned somewhere else.

its just that i dont want to accuse them of asking for a "stay" if they werent.

 

thanks

 

mollymoo

[GaryH]

They would have requested a months stay in section A of their allocation questionnaire, to "negotiate settlement". Just becouse they requested it however, does not mean they actually got it, that would be for the judge to decide (without reading your thread back I can't remember whether they did in your case or not). Whether the stay was actually granted or not is'nt really the point though, the significant thing is that they requested it for the purpose of negotiating a resolution to the matter. The fact that they now have not even contacted you means that it is perfectly reasonable to infer that their AQ request was solely a delaying tactic, which is abusive of the court system and a possible breach of the CPR's. The judge should be made aware of this and you are perfectly entitled to put pressure on them as a result of it. If every claimant brought their abusive practises to their respective courts attention, they might not get away with it for too much longer.

[mollymoo]

Gary,

 

basically, they ticked the box in section A but the word "stay" isn't mentioned anywhere which is what confused me.

 

i sent my AQ and they sent their AQ. shortly after, a court date was set for January. Should i still send that letter or will they just either a) ignore it because a court date has been set or b) say that a court date has been set and that is why they have not responded??

 

many thanks so far.

 

mollymoo

[freebird]

Hi Molly, sorry you're having so much stress with them.

I think I'm right in saying that if the court had issued a stay you would have been informed in writing by them !

Our time lines were the same and as you know I've had my settlement.....I'd be faxing and phoning our Mr.Thomas tomorrow and telling him that you are informing the court that you have been trying to negotioate settlement as Lloyds requested the month of October to do and now it's mid November etc..regardless of you having a court date they should have responded to you now !

Get faxing him and phoning him tomorrow hun x

[GaryH]

I does'nt matter whether or not the stay was actually granted, the important thing is that they requested it. Neither does it matter that you have a court date. As I said above, they indicated an intention to negotiate a settlement in their AQ and requested a month postponement (stay) for that reason. The fact they have'nt made an effort to even contact you means their AQ request was probably made as a delaying tactic. This gives you some leverage over them and (IMO) you should use it. At the same time you'll be bringing it to the attention of the judge in your case.

[hairybear86]

i think im at the same stage as you lol..

can i just ask who is mr thomas?

[GaryH]

The dimwitted tea-boy at SC&M who is dealing with the claims.

[hairybear86]

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,

[freebird]

Hairy, as we can not speak directly with Lloyds, then our only point of contact has to be with SCM and they HAVE to negotiate settlement with us !

Keep faxing and phoning....they tend to mislay or should I say don't receive letters very quickly so faxing is your best bet, good luck luv

[Smelliellie]

Hey Freebird

You enjoying yourself?

 

Good to see you hanging about love.

[freebird]

Hya, smellie, I've gone pink officially............and lending an ear to posters....it's the least I can do as I got so much support on here and I know that if I'm stuck with any other probs there's always someone on here who will help out.

So if I can give a little support back here and there, I'd love to encourage everyone to reclaim what's rightfully there's.. A few words of encouragement go a long way when your rock bottom or stressed out with all the legalities of "courts" etc.

good luck luv x

[mollymoo]

aaaaaaaaaaahhhhhhhhhhhhhhh

 

just felt the need.

 

id better start preparing for court i guess