Andy Ross v Lloyds - ** WON UNCONDITIONALLY **

[Andy Ross]

good thanks

[Andy Ross]

Well, posted documents recorded delivery to SCM on Friday and handed bundle in to court today.

 

What now?

[GaryH]

On the 18th, give SC&M a call. Remind them of the courts order for document exchange and that the deadline is today. Ask why you have'nt received their documents, and when will you be receiveing them. They should then say that the settlement offer is in the post. Alternatively, they could pay the settlement straight in to your account with no notification, so keep an eye out for it.

[Andy Ross]

Gosh its exciting isn't it. Did anyone see the .Money program' this week? I missed it. all about these claims.

[elsinore]

Yes, it was excellent Andy.

 

Here's the next best thing!

 

BBC NEWS | Business | Are penalty charges bank robbery?

 

Elsinore

[Andy Ross]

Has anyone ever actualy recieved a doc bundle from SCM?

 

Well, their time for sending is up on Monday the 18th.

[BARTY]

Hi Andy

Nope I don't think anyone ever has. You'll be getting a settlement letter any day now I reckon!

Good luck!

Barty:)

[jkr]

hello andy,

I'M at the stage of receiveing back Bank charges from Lloyds TSB.Can you tell me what if charges I cannot claim for, and is their a template for proceeding to claim charges upto the small claims court?Thankyou for any help you can give.

jkr

[GaryH]

jkr,

 

All your questions should be answered by reading the FAQ's and step by step instructions (link in my signiture below). Take your time. Give yourself a few days to absorb the information and read up as many threads as you can, particularly those in the 'successes' forum. Anything your not sure of after that, start a thread of your own and ask any questions you have on there.

 

Good luck:)

[Andy Ross]

Got a 2 letters from the court today, One says the date is the 23rd of Jan and will last up to 2 hours, the other one was asking for £100 by the 5th of jan or I will be struck out!

 

If the court date is the 25th aren't SCM going to drag it out until then?

[GaryH]

Why £100? Did'nt you pay the AQ fee or something?

 

You need to ring SC&M on Monday. If they've exceeded the deadline for submitting documents then you need to make a noise about it. They are now in breach of a court order. Ring them, ask them where their documents are and when you will be receiving them. Tell them that if you don't receive them in 3 days then you'll make representations to the court and request an order that their defence is struck out. They should thensay that the settlement is on the way.

 

If its not resolved by the 5th, you'll have to pay the £100 as requested by the court, although you will get this back upon settlement.

[Andy Ross]

I will ring the court on Monday as well, I paid my AQ fee in cash at the court, I have the receipt.!

[GaryH]

Good. Make sure you keep it!! Did they specify that that was what they wanted the £100 for?

[Andy Ross]

No it just says pay £100 or be struck out

[GaryH]

Better ring them then, its probably a mistake.

[Andy Ross]

Well, I rang SCM to tell them that the documents haven't shown up and they say they can't find my file and will have to call me back!!!

[Deller]

Sounds like a bit of a delaying tactic if you ask me.

[Andy Ross]

Or someone is woking on it at the moment?

 

I am giving them until 4 then I am going to call again

[Andy Ross]

phoned SCM again, they have my file, they say they are awaiting instructions from their Client.

 

I told them that if I don't have their documents by Wed, I will ask court to strike out their defence, they didn't seem concerned.

[Andy Ross]

Why do SCM mess around like this? they know they aren't going to court! At this stage why don'tthey just pay up?

 

Is there a form or something to request that their defence is struck?

[GaryH]

Not sure if there is a particular process you need to follow to be honest, I've not had to deal with applying for a defence being struck out before. Just make the request in a letter and copy it to SC&M. Here's what I would send if it were me -

Dear Sir/Madam,

 

You -v- Lloyds TSB

Claim No:********

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated **/**/**.

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, on which it intends to rely at the forthcoming hearing.

 

I made a request of the defendant's solicitor by telephone on **/**/** to provide me with its documents. The Defendant's solicitor informed me that it could not tell me when, or indeed if, I would be receiving its documents as it was "awaiting clients instructions".

 

I can confirm that my documents were filed on **/**/** and seved to the Defendant on **/**/**.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective.

 

As such, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully

The overriding objective requires both parties to be on an even footing, and CPR rule 3.4(2)© gives the court the power to strike out a claim or defence if a party does not comply with an order.

 

Remember to copy it to SC&M - it should be the kick up the bum they need!

[Andy Ross]

Brilliant, thanks very much. Of course there could be an offer on the way, but I will get this to the court tomorrow and post a copy to SCM and maybe fax it over to them as well.

[GaryH]

Yeah fax it to them. Takes forever to get through their infamous 'clearing department' otherwise.

[Andy Ross]

Right letter into court today and a Fax sent to SCM.

[Andy Ross]

Called SCM today to confirm they got the copy of my letter requesting their defence is struck out and asking if they were sending any papers.

 

The woman who answered told me they haven't recieved any instructions from their Client so they haven't sent any, what I do now is up to me.

She didn't seem concerned at all.!

 

What do I do now?