mollymoo V Lloyds **WON**

[mollymoo]

martin,

 

have phoned the RM who have said it was delivered but they can't read the signature (that's helpful)

 

they are emailing it to me so at least i can see for myself that it was delivered before i phone both the court and SCM back.

 

what should i say to the court and who should i ask to speak to?

 

mollymoo

[mollymoo]

Hi all,

 

Can anyone help with this please??

 

This question is for everyone who has received a copy of the defendant's (lloyds') AQ

 

a) what did Lloyds put in the "do you wish it to be postponed for one month" box?

b) what did Lloyds put in the "how many witnesses will you be calling" box?

c) what did Lloyds put in the "are there any dates in the next 4 months when you will not be able to attend a hearing" box??? and if so, when???

d) and what did Lloyds put in the "other information" box?

 

thanks all.

 

mollymoo

[kazzaw]

Hi Molly

 

I sent you this information in a PM at lunchtime. Did you not receive it?

 

kazzaw

 

Hi all,

 

Can anyone help with this please??

 

This question is for everyone who has received a copy of the defendant's (lloyds') AQ

 

a) what did Lloyds put in the "do you wish it to be postponed for one month" box?

b) what did Lloyds put in the "how many witnesses will you be calling" box?

c) what did Lloyds put in the "are there any dates in the next 4 months when you will not be able to attend a hearing" box??? and if so, when???

d) and what did Lloyds put in the "other information" box?

 

thanks all.

 

mollymoo

[mollymoo]

only just got it now kazzaw.

 

much appreciated. same as what they put in mine.

 

thanks again

 

mollymoo

[mollymoo]

as SCM are unavailable o attend any hearings for the whole of october,

does anyone think it might be worth my while writing to them and simply asking them to settle in full now to save 2 months excess interest being accrued??

 

if nothing else, just to see their reaction??

 

???

[MARTIN3030]

Its your call ......you have nothing to lose but dont hold your breath.

One of the reasons I believe the banks are dragging these cases out is because they are all watching the results to see if something develops that they can take advantage of.

I think saving costs on interest is the last thing they are worried about:rolleyes:

[mollymoo]

does anyone have any ideas of what i could put in a letter?

i am hopeless at anything like that and would like it to sound professional.

[MARTIN3030]

address etc

 

 

re account number.................... case number..................

 

Dear bank

I refere to the above matter,and confirmation of the hearing to take place on..............

 

Without predjudice I would like to offer you the chance to settle this matter before these proceedings.

The terms I am willing to accept is the repayment in full, of charges totalling.................

which include my court fees and interest.

 

Please be advised that this offer will be open to you for.......days,whereupon in the absence of no instructions from you,will be withdrawn.

 

I trust you will give this your consideration.

 

 

yours etc

[mollymoo]

cheers

 

would i send this to lloyds or SCM?

[MARTIN3030]

As its in litigation now I would send to the Sol........the address for service should be on the defence claim form.

 

 

If you remove the without predjudice part from the letter,you could also send a copy to the court and have it put in your file.

Would show that you have made another effort to settle.

 

If you want to do that I would put a line on the bottom

 

"copy sent to County Court " (on the defendants copy )

[mollymoo]

is it faithfully or sincerely?

 

would you recommend removing the "without prejudice" bit??

[mollymoo]

let's see if that does anything.

 

assuming they admit to receiving it this time.

[MARTIN3030]

Yours faithfully if you know the name

Yours Sincerely if you dont ie dear Sir/Madam etc etc.

 

If you are gonna send a copy to court you will have to move the without pred bit.

 

I think its best to do that.

 

Also dont forget that 8% interest is awarded at the Judges discretion and is not an automatic right.

[GaryH]

Alternatively you could send this. Definately leave 'without prejudice' off it though if you do send it

Dear Sir/Madam,

 

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on **/**/**.

 

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, my previous attempts at dialogue with your client have been met with outright refusals to negotiate this matter, and on **/**/** I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual sevice charges. For this reason, I will only settle for the full amount of the claim, namely £***.

 

In light of your indication of your intention to negotiate, I will await your communication informing me of how you wish to proceed.

 

 

Yours faithfully

 

[MARTIN3030]

Yep that sounds ok......I did not realise this was in response to an AQ tho......

 

Dont forget to indicate on the bottom copy sent to court (on their copy )

 

 

Quite good job well done.

[mollymoo]

i have already sent one saying that i have received their AQ, and as they are unavailable for the next month for hearings, i will give them a week to offer settlement of the full amount and after the week is up i will be withdrawing the offer.

 

 

should i also send Gary's letter as well?

 

all advice gratefully received.

 

cheers

mollymoo

[GaryH]

Its up to you what you send - its your claim remember! If you've already sent Martin's though, don't send mine as well - you can't send both.

 

Also, don't put a limit on the time your giving them to settle. The court would expect you to settle at any reasonable opportunity - setting a cut off point could well be seen as obstructive.

[mollymoo]

cheers

 

it's not a cut off point as such, i have just said that as they are unavailable to attend hearings for a month, then if they would like to settle now, it would save them money in the long run.

i have given them the figure that i would accept and have said that the offer would be withdrawn in a week. i am still prepared to settle after this date, but the amount will have gone up by then

[GaryH]

The amount is completely and utterly insignificant to them. They don't care wither your claim is for £100 or £10000. They're a multi-national company with a £multi-billion annual turnover, its damage limitation they're more worried about.

[freebird]

sorry Molly to hyjack but as you've got an audience and I'm talking to myself in my thread tonight, can I just ask something in here please.

I'm doing the same as Molly and telling them that they can start offereing settlement from their 1st October, ( their chioce of date ) lol...........

only I might just keep them busy for the whole month and ask them to settle every day for 31 days !!!!!!!!

 

my question is do I now add on the charges from the date I handed claim in..and do I leave the interest off if it's at the judges discretion...

 

ps good luck Molly, please God this works for both of us and everyone else on here xxxxxxx

[Rbphot]

Hi Mollymoo, I'm at the exactly the same stage as you and rceived my copy of their AQ earlier this week.

 

When I sent the my copy two weeks ago I inticated to them that I was available for diaglogue if they wished to settle, I also restated the claim as well. and nothing.

 

So when I got the AQ asking for another month I gave them a ring to enquire as to the reason for the request, I informed them that their cleint had refused to enter into dialogue and had sent as final letter in july.

 

"They said that was before litigation, and when I pushed them on if they were now prepared to discuss the matter, she told me that they had no instruction and were waiting for their client to give them some!"

 

I have done the same as you and sent them a letter telling them thay can have 7 days to "clarify their intent" or I will be contacting the court and asking them to proceed with allocation of a date for hearing.

 

We will see what happens next!

 

I have a question, some people on the tread have said to send letters on to the courts, what are the rules about this, as if receive no reply after 7 days I was planning to them with my request to the court as extra evidence of my willingness to attempt to resolve the matter pre hearing.

 

Thanks:-|

[freebird]

Hi RB, looks like we're all in the same boat here.

We're sending copies to the court to show willingness to settle.

As it's Lloyds that have requested the whole month of October to settle then we should take them at their word and keep pushing them to settle.

I'd like to be doing it every day...to make the point. But I'm searching for patience right now and doing the letters and giving them time to reply etc.

If they "really" do want to settle during the month of October then we should all hear something soon eh.............this will be interesting as a few of us are at the same stage and in the same boat, surely they have to offer us similar settlements ! if not , why not !

freebird

[mollymoo]

sounds like SCM have a busy week ahead.

no wonder they can't attend any hearings in October.

[GaryH]

Please try to be patient. I know its really frustrating but dont let the *******s grind you down! - thats exactly what they're trying to acheive. You will get there in the end!, and by all means put some pressure on them to settle, but the more you push them or appear agitated or worried, the more they'll mess you around.

 

I really don't think it would be a wise move to contact them every day or anything like that, nor is it a good idea to reduce the amount of your claim if they settle before a certain date - they really could'nt give a toss about the money, and it just implies that you don't have confidance in your case.

 

Also, there are alot of stays being ordered at the moment depending on where abouts you are in the country, and SC&M are well aware of this, which is another reason their not rushing.

[mollymoo]

i'm just going to try and sit back and wait until the date i have said i will be withdrawing the offer, then i may phone them.

don't want to be too pushy or they will think they have me worried.