Lloyds TSB : Lloyds taking me to court?????????? *** Discontinued ***

[foxyflugel]

Hi everyone

 

Just a quick update - particularly for those who are going through this also.

 

Shortly after LTSB ran out of time and the case was stayed, I received a letter offering a full and final settlement of around £650. I never replied and haven't heard anything since.

 

Thanks everyone for your help and support.

 

Foxy

[Dotty50]

Hi Foxy,

 

Words Straw and clutching comes to mind!

 

Is that amount still 50% of the alleged balance?

[blondie 27]

It only means its stayed untill they decide what to do, as you have not replied dont think its over!! maybe best to reply and agree the settlement?

 

[foxyflugel]

Hi All

 

Yes Dotty - that is about 50% of the balance (inc their solicitors fees, default charges etc).

 

Blondie - I'm not saying it is - but I am willing to wait and see!!

 

Foxy

[Dotty50]

I am with you Foxy, sit and wait for there next move!

[foxyflugel]

Looks like I spoke too soon Dotty

 

I received a letter today (dated 23rd Sept) saying that I haven't replied to their offer of £625 blah blah blah from their letter dated 13th June - can I let them know within the next 14 days what I intend to do or call them to negotiate

 

Hmmmm

 

Foxy

[Dotty50]

The main question really Foxy is can you afford to pay them anything?

 

They previously threatened to have the stay lifted if a settlement wasn't reached, so at the moment you do not have a ccj registered but they MAY proceed as before, if it was me I think I would respond to their offer possibly saying that you haven't responded previously because you have been trying to raise some cash to pay them but you have only been able to raise xyz and see what comes back.

 

Offering you 50% indicates that their paperwork may have cracks in it, so try 25% (depending on the affordability for you) and see! Or a monthly amount if that's what suits you better.

[Undercover-Elsa]

Don't forget to head any response "without prejudice", Foxy, and that it must be stated to be in Full and Final settlement of the account (not to be confused with the credit marker, which will no doubt say "partial settlement") and that neither they, their agents or any other company will pursue you for the balance.

 

 

Elsa x

[Dotty50]

Hi Elsa,

 

If Foxy is making a reasonable affordable offer, why use 'without prejudice'? At least she can easily produce this letter to court should the need arise.

[Undercover-Elsa]

Hi Dotty

Because afaik if it did still end up in court the offer could be used as acknowledgement of the debt. It's normal for these negotiations to be without prejudice or without prejudice save for costs. It's quite a complex subject though, more about it here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?294525-Privileged-Without-Prejudice-and-Without-Prejudice-Save-as-to-Cost-Documents-A-Brief-Guide-on-the-Subject

 

 

Elsa x

[Dotty50]

Hi Elsa,

 

Thanks for that link, I will have a read.

 

I take your point about the fact that it may be accepted as acknowledgement of the debt, gives Foxy clarification too.

[The Mould]

Looks like I spoke too soon Dotty

 

I received a letter today (dated 23rd Sept) saying that I haven't replied to their offer of £625 blah blah blah from their letter dated 13th June - can I let them know within the next 14 days what I intend to do or call them to negotiate

 

Hmmmm

 

Foxy

 

Good evening Foxy

 

Simply respond with a counter offer in full and final settlement without any admission of liability to the sum claimed by the claimant.

 

Kind regards

 

The Mould

[foxyflugel]

Hi everyone

 

I have today received a court order form - Lloyds have applied for the stay to be lifted and the case to be transferred to my local court. It says it has been granted under the courts case management powers under Civil procedures rules part 3.

 

On the application they have stated that 'the claimant believes they have a valid claim and the defendant has no reasonable grounds of successfully defending the claim".

 

They have enclosed an N149 for me to complete and send back to court.

 

Should I not have known before this was granted that they were planning on lifting the stay??

 

I have no money to pay them but felt I had a good case due to the default notice served and the difference in terms on the recon copy of my agreement and the one that copy of the original I was then sent.

 

Due to recent events I am struggling to function at the minute so can do with this like a hole in the head

 

Any advice welcome.

 

THanks

 

Foxy

[citizenB]

Did you do as the Mould advised in post 212 ?

 

You need to complete the N149 and get that back on time. Is this a small claim track ?

[foxyflugel]

Hi Citizen,

 

No, I didn't do as the mould suggested as I had no money to offer them in f & f setlement. I think it is the small claims as on the questionnaire it asks if I agree that the small claims is the correct route to go.

 

What do I put in the box about additional details - shall I mention again the invalid default notice - how shall I word it??

 

Thanks

 

Foxy

[citizenB]

Yes, I think you want this heard in the small claims as it limits any exposure to costs.

 

Usually Small claims is for claims under £5,000, simple matters that have no complicated legal arguments or at the Judges discretion.

 

If you need further assistance with completing the AQ, it might be a good idea to send andyorch a private message. Put a link to your thread and ask him to pop in and help you.

[foxyflugel]

Anyone

[AndyOrch]

Hi Foxy

 

Only justed picked up your PM

 

Ok without knowing the details of the claim you will have to edit to suit.

 

 

The AQ you have received can be completed by downloading Form N149 as a pdf and completing it in type, changing it around and only printing it when you're satisfied.

Here's what to say beginning first with the title and then on to Sections A, B etc in alphabetical order. You should also read the notes on page 4 and Form N512. Print this post off to help.

State:

The title

Your name

You're the Defendant

The name of the court

The claim number (found on the Claim Form you got)

The last date for filing (found on the paper AQ you were sent)

A

Tick 'Yes'

B

Tick 'No'

C

Tick 'Yes'

D

Answer 'One' (that'll be you)

E

Tick 'No' and ignore the remainder of section E

F

If you are going to be unable to attend a hearing at any time between say 1 October and 31 January, tick 'Yes' and identify those dates in the box adjacent to 'Yourself', otherwise tick 'No'

G

Say 'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest. By a letter dated ( ) I asked the Claimant to provide proper particulars of the claim. A copy of the letter is attached. I have received no answer to my letter.

I propose the following directions:

1 Unless the Claimant shall have by (date) filed and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, its alleged assignment and the Claimant's entitlement to interest, the claim shall stand struck out and the Defendant shall be at liberty without further order to apply to this court for judgment and for costs on the standard basis to be subject to detailed assessment proceedings if not agreed.

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until (date) to enable the parties to settle using the small claims mediation service'

H

Tick 'No'

I

Sign, date and fill in your address at which you want documents about the case to be delivered.

Then return it to the court and and a unsigned copy to the Claimants Sols.

 

Regards

 

Andy

[foxyflugel]

Well, that's a turn up for the books!!! Received a letter today from **** solicitors advising me that after a review of the case the claimant has made a commercial decision not to proceed with the matter, on the condition that both parties bare their own costs to date.

 

They have requested that I write to confirm that I am agreeable to it under the above conditions. On receipt of my written agreement they will file a Notice of Discontinuance at court.

 

Any catches or is it really as good as it looks???????

 

Many thanks

 

Foxy

[AndyOrch]

No catches Foxy but you cant claim wasted costs.

 

Well done.

 

Regards

 

Andy

[ims21]

Hi

 

Thread title changed as requested

 

Congratulations everyone

 

ims

[cymruambyth]

Great news, well done. I'm sure that missing out on costs will be a lot less painful than repaying the whole amount!

[AndyOrch]

Hi

 

Thread title changed as requested

 

Congratulations everyone

 

ims

 

Thanks Ims21

[citizenB]

Excellent news, foxy. Do make sure you receive this in writing and please keep the discontinuance notice in a safe place.

[hatesdebt]

Nice one,

 

You must be relieved - CAG strikes again!!