Coco v Lloyds

[GaryH]

Send this to the court, with a copy to SC&M;

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 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 served on 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. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, 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

[cococat]

Thanks for that Gary, will let you know how I get on!

[cococat]

I can't read the last few emails I've sent, the last message here was posted on 27th Nov - don't know what's going on there.............? I have rung SCandM today and the answer they gave was that they were waiting instruction from their clients. Another pathetic delaying tactic I know but I can be patient! I really feel that I am getting close to getting my money back. J saved the reply I got from GaryH so will put that into the Court tomorrow and send a copy recorded to delivery to Brighton. Has anyone been here before? What happens next?

Happy New Year!!

[cococat]

The other emails appeared after I'd posted this one! Don't understand why but hey

[cococat]

This time next week I am scheduled to appear in the County Court!! Wish you'd been right about the settlement Barty but I think they're going to take this one down to the wire. SCandM will have received their copy of GaryH's letter to the court yesterday so it will be next week before I get a response - if at all! Do I need to do anything else or do I just sit and wait for the Court's response / Lloyds reaction?

Looking at it logically - it will cost Lloyds more to send a solicitor up from Brighton than to pay me back what they have unlawfully taken from me.......won't it? (!) Nearly there now, just got to be calm!!

Thank you all for your help

[GaryH]

Just remember that they've not defended a single claim in court yet, and there is no indication that they are going to start now. It is not unusual for them to settle with only days to spare, in fact Ianfm got a settlement the day before! They are getting particularly sloppy again recently.

 

Make sure you fully prepare as if you are going to court, but I'd be surprised if you actually did.

[cococat]

I know you're right! And I am ready to go to court if needs be. I've read somewhere else that Lloyds settled into an account, without telling the owner of the account and then closed the account on the same day! - which is particularly nasty of them. I closed my account with them as soon as I started pursuing my money - they won't have done something stupid like paid it into a non-existant account will they..........?

[upton11]

I am starting to get quite annoyed with SC& M now. Their persistent and wilful determination to not comply with court directions regarding the exchange of documents is now, in my opinion boardering on professional negligence - although as we are not their clients and neither are we suffering any loss as a result of their failure to comply there is nothing we can do.

 

With the above in mind, i am now sorely tempted to make a note of all the threads where the have failed to comply with this particular deadline and bring it to the court's attention.

 

Bankfodder's super directions are really the way to go. Perhaps rather than write, as mentioned above, I should just make an application for the Bankfodder directions to be used before i receive the court's ones i am currently waiting for.

 

Any thoughts?

 

Regards

 

Paula

[christinajanep]

hi paula,

i have a solicitor in my family and they believe scm's practice is very out of line, so much so he drafted me a letter to send to scm and to be forwarded onto the law society

[upton11]

Hi Christina, i have just posted a mini rant on your thread. I am a lawyer and agree with your father in law entirely!

 

Regards

 

Paula

[christinajanep]

just replied

thanks

paula

ps,,, if you notice i'm often on here having a rant only to be calmed down by garyh lol

[RedDeath]

Thank you for that, am now going to tackle my excel sheets!

 

Can you tell me if there is a formula I can put in that means excel will count the number of days between each charge or do I have to do it manually?

Many thanks

Coco

 

Subtract the cells with the dates (i.e. cell B1 - A1) then right click on the cell, select format cells, pick custom and then type dd in it. That should work.

[cococat]

Well - it's 2.50pm on Monday 8th January. The post has been and gone and not a hint of anything from SC+M......... Nothing from the Court either! What do I do now?

I don't have an account with Lloyds anymore so they would have write me a cheque. Originally I didn't want to stop any court procedings until the cheque from Lloyds had cleared. With nothing arriving today, that DOES mean I'll be in Court on the 12th!! Which is a tad alarming............)

V interested in what people are saying about SC+Ms conduct though - should I report them to the Law Society? Because I haven't heard ANYTHING from them apart from a phone conversation saying they were 'waiting for instructions from their client' that does mean that they have actually missed their deadline to make any settlement before the hearing..... Doesn't it?!

If someone with a knowledge of the Law can tell me what should / could / ought to happen next I will be extremely grateful! I can't see how I cannot go to Court now.............

Coco x

[christinajanep]

hi coco, i'm due in court a week today and havent had anything from scm either, my father in law has a law firm in rugby and had already sent a letter to the law society about there conduct but its not had any impact whats so ever, the chances r you'll get a settlement letter in the post shortly, have u tried calling them,

[cococat]

The only time I've called them was on 2nd Jan to ask where their defence documents were. Should I call again? If I do, surely I should be asking for a cheque rather than documents? Could I ask them if they are going to attend the hearing? If they are going to go to Court I should ask for postponement of the date because I havent't had any papers from them..........

What's the best approach do you think?

[christinajanep]

first of all you wont get any evidence from them and they wont be attending court, have u spoken to the court your due to attend to see if lloyds have put anything in writing to them as that sometimes happens, if not maybe call the solicitors and just state your suprised youve not heard from them as your in court very soon, any maybe then they'll tell u the offer is in the post

[cococat]

Right - I'll sign off and make the calls now - Court first then SC+M. Will let you know

Thanks for your help

 

Coco

[christinajanep]

let me know what they say...

[cococat]

I Have Won!! I Have Won!! Hurray For Me, Hurray For This Lovely Site.

[christinajanep]

wot did they say

[cococat]

Sorry about that - the cat pressed the return button before I had finished! Very laid back helpful bloke from SC+M - ironically enough - said the cheque would be released Weds. He's going to work out the interest from June to the date Lloyds send him the cheque and fax through a copy to put my mind at rest. He really couldn't have been more co-operative!

To everyone else - just hang on in there! You will wobble, but don't give up!! The money is yours and they know it!!

 

Cococat x

[christinajanep]

what did u say to scm

[christinajanep]

the reason i'm asking is i'm due in court on monday and they wont give me any info... might try a piece of your magic

[cococat]

The number for the court was engaged so I went straight to the solicitor. Just gave my name and said court case was due 12th, I'd spoken to a Mr Gary Allen on 2nd because I hadn't received any documents then. All he told me was that you were awaiting instructions from your client but I still haven't heard anything. I was about to go on to ask where the documents were and what was going on but whoever I spoke to - didn't get a name this time but sounded very much like the Gary Allen I'd spoken to on 2nd - interrupted me and said 'Oh yes, I recognise this, I think I've got the file here.....Could you just hang on for me whilst I get the information I need?' I said I'd wait, next thing is he's back and said 'Yeah, they're going to pay up, it'll go into your account' I then explained that I'd closed the account so they would have to post a cheque and I was reluctant to stop anything until the cheque had cleared. He said he completely understood, could he fax through a copy of the cheque when he'd received it, to put my mind at rest? Gave him my fax number, checked he'd got the correct spelling for my name on the cheque. Checked the amount was what I'd asked for, he checked I'd included court costs and said he'd work out the interest up to the day that Lloyds give him the cheque and then asked if there was anything else he could do for me (!!) I said I wouldn't notify the court until I'd received the fax of the cheque and he said he'd fax a copy through to the court when he faxed a copy to me

Like I say, a really pleasant, helpful individual! What have they said to you?

[christinajanep]

congratulations cococat, i'm chuffed 4 u, lookds like the phonecall was worth it