Dm Versus Lloyds - Help Needed

[DARKMICK]

not sure what to do next

 

Claiming £1600 from Lloyds been through all the usual banter with them and had refusals to my requests.

 

eventually following the usual process on here with multiple requests to LLoyds, I filed a claim on Moneyclaim on 19 August, Moneyclaim has sent me a letter and it shows on line that is was acknowedged by LLoyds on August 24 and referred to SCM solicitors

 

however I have had no response at all apart from a letter today which is the usual monthly charge on the account

 

any advice needed as I was not sure if I could file judgement after 14 days or whether it is 28 days.

[Michael Browne]

Since they have acknowledged within 14 days, they then have 28 days from the original deemed date of service to file a defence. Only then can you file for judgement by default.

[DARKMICK]

I have just checked on moneyline and LLoyds have submitted a defence but it gives me no information apart from it will be transferred to local court.

 

What will happen next?

 

Am i likely to receive anything in the post from either Lloyds, solicitors or the local court.

 

any help would be appreciated

[Michael Browne]

You'll get the defence and AQ from your local court

[DARKMICK]

I have got this today, with standard defence on from what I can see on here.

Should I sent this back, or maybe wait a week or so for settlement?

 

my claim is £1600 so it will cost me the £100 to do

[Michael Browne]

You can wait, but allow at least 3 days for rhe post.

 

Send AQ + schedule to court, copy of each to solicitors and copy of each for yourself.

[DARKMICK]

I am about to do my AQ questionaire, just a couple of questions if anybody knows, I have got the AQ template from here and it looks pretty easy:

 

Do I need to send the breakdown of charges again?

Should I also send the solicitors a copy of my defence?

 

Also appreciate it if somebody could point me in the right direction for preparing a defence, and whehter there are any standard documents out there.

 

Thanks

 

 

 

M

[Michael Browne]

Include a schedule with the AQ

 

It's not necessary, but polite to send copy of each to solicitors

 

Comprehensive list here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960

[DARKMICK]

THANKS a lot for that

 

what do you mean by a schedule ? is that the pack for my defence?

 

also been onto that zip file which you have enclosed and it does not make much sense do I just send that whole file?

[Michael Browne]

Schedule= Breakdown of Charges.

 

Bookworm's court bundle is a guide to court cases, relevant documentation and laws that you can use in court, should that ever arise.

[DARKMICK]

I have now sent off my allocatation form and got today from LLoyds solicitors an allocation questionaire, it states wanting another 30 days to settle out of court, is this normal in line of Lloyds bank? Do i need to do anything else?

[freebird]

Darmick, go in to the Lloyds section and have a look at our threads, similar situation etc.......

[nicsussex]

LLoyds will take it to the wire as we all know - but you will get your money don't worry. In my case SC&M paid the money into my account the night before the case was due in court and with no correspondence or conditions.

[DARKMICK]

I have now got a letter from the call, something like a stay of execution, to settle out of court until November 15

 

Can anybody advice me what to do, I have already written to SCM should I write to the court, and what do I do after November 15

[freebird]

go back in to the Lloyds threads and catch up with mine and Molly's posts..and you'll see some of the "banter" we've had with sechiari.........

 

You can now send a letter to them and offer your conditions of settlement, here's a good letter that Elsinore helped me out with.......

 

 

Dear SCM

I was delighted to note from your copy of the Allocation Questionnaire that your client has requested more time to attempt settlement of this claim.

This change of heart has come as somewhat of a surprise as, up to now, your client has flatly refused to negotiate any sort of settlement, since my first approach to them on (date). It was, of course, this intransigence which led to my issuing of the claim.

Nevertheless, your client’s decision is most welcome and I look forward to receiving from you their proposals for resolution. As you have clearly already taken new instructions from your clients, you will be able to respond to this letter with an offer by return.

I am sure the Courts Service will be equally pleased that you will be relieving them of unnecessary time and expense, so I have sent them a copy of this letter to add to their files.

 

 

with your own details in of course/and what your willing to accept as a settlement !

 

 

hope this helps mate and good luck

[DARKMICK]

My stay of executiion nearly done now - November 16th

 

In my month written to solicitor twice and faxed twice

 

Also written to court as well to cancel the 1 month extension which go t rejected.

 

Not heard anything from solicior at all to settle, I think it is all wrong that they waste court time.

 

Quite funny yesterday as I got letter from LLoyds threatening me to go legal if I dont pay my £450 which is all of bank charges and in my claim. Dont they talk to each other??

 

Just wondered if anybody could give me advice of next steps on what to do on the 16th and whether I should write to court and if there are any standard letters or approaches I should use.

[mooreda]

the solicitors drag this out (it is them making the decision as all this nonsense about referring back to their client is rubbish) - the solicitors are in-house and it is TSB staff working within SCM (from what I heard).

 

You won't get a response until a court date is set (likely to be next year). But if the Court orders directions - usually that you and the defendant have to exchange documents to be presented in court and that a copy to be provided to the court, you may get a settlement letter just before the date that this order expires.

[DARKMICK]

Thanks for that

 

But does anyone know if I need to do something for this 1 month period which is about to expire.

 

Do I need to write to the court stating what I have done to try and settle or will they set a date for the case automatically.

[GaryH]

If you have'nt already, send the court copies of your letters to SC&M. This will indicate to the court that you have attempted to negotiate. You may want to include a short covering letter informing the court that your attempts have been ignored. They requested the stay for negotiation, if they have'nt attempted to negotiate and furthermore, they've ignored your own efforts, that is abusive of the system and a possible breach of the CPR's. You should most definately bring this to the courts attention.

[DARKMICK]

Thanks everyone for your help

 

Since I wrote my last post

 

Prepared a court letter stating how LLoyds had been abusing the legal system - and CC it to Office of Fair Trading

 

E mailed it to somebody in customer services - name from this site, copied in Chief Executive guessed the e mail,

 

Also faxed it this morning and posted it at lunchtime

 

just checked my account on offchance to find Full settlement

 

I have just transferred to my current account at COOP and As soon as I can get at these funds will make a donation

 

thanks again

 

Mark

[GaryH]

CONGRATULATIONS!!!

Another Lloyds win! Well done.

[BARTY]

Congratulations Mark!!!

Barty

[freebird]

Well done Mark, it's so good isn't it.......

 

me too today