Gizmo v Spml *WITHDRAWN*

[gizmo111]

Prelim sent 24/08 -

Refusal recieved 31/08

LBA ready for posting tomorrow

Claim is for ERC and repayment of interest they charged a full months interest and redemption was 24th of month.

[gizmo111]

Claim taken to court today - N1 & Fee handed in.

ERC 3800 & portion of interest charged after to redemption to end of month.

[zootscoot]

Best of luck Gizzy!

[Les Gunn]

All the best Gizmo...my MCOL with SPML was acknowledged 22nd Sept - not a word yet....

 

*clock ticks*

 

[gizmo111]

The ERC was bad enough but charging a whole months interest when the loan was paid off part way through month is unbeleivable!

[paddym]

I think a lot of the companies are guilty of that practice !

[gizmo111]

I think a lot of the companies are guilty of that practice !

 

Haven't noticed it on any other I paid off.

[markt]

i filed my MCOL on friday for SPML. just the charges. when i get them back i will go for the ERC.

 

good luck ......

[gizmo111]

Claim taken to court today - N1 & Fee handed in.

ERC 3800 & portion of interest charged after to redemption to end of month.

deemedseved todsy -

case no 6BS11149 -£4k

[markt]

you will get a letter in about a week from SGH asking for an extension. the guy at their solicitors is david bailey . i spoke to him yesterday. he seemed reasonable and explained why. basically spml havent given him any clues. i gave him a 3 week extension on the proviso he keeps me up to date.

[gizmo111]

you will get a letter in about a week from SGH asking for an extension. the guy at their solicitors is david bailey . i spoke to him yesterday. he seemed reasonable and explained why. basically spml havent given him any clues. i gave him a 3 week extension on the proviso he keeps me up to date.

 

I am not giving extension - they have court timetables to adhere to now - they have 28 days from yesterday to sort it out - all they have to do is disclose their geuine pre estimate and how it equated to what they charged me - as a pre estimate it must be on their files from before they put the ERC into my terms and conditions - on what basis did you give this extension and what exactly are you extending?

 

If the solicitor hasn't a clue then they shouldn'rt be acting for them! Another citi fiasco coming I can see

[Les Gunn]

Gizmo,

 

SGH will apply for an extension if you don't and they'll then hold you to that cost. Do what markt and I did - allow them 3 weeks no more. In the end, it's your call.

With mine, they have til Nov 1st to file a defence.

 

Good Luck!

 

[joanneclaire]

my claim with SPML was issued on 29th Sep, deemed served 4th Oct, they have until Wed 18th Oct to reply................ to date they havent even acknowledged the claim.... so I guess I had better start reading up on how to enter a judgement??

 

any ideas?

[markt]

the thing about giving them an extension is more to do with being "fair and reasonable " under law. sure they should have had the house/case in order but ive waited a year till claiming so why not wait another 3 weeks? it will been seen as being reasonable under law if they dont sort it by then.

 

if they dont acknowledge within 2 weeks then follow the steps on MCOL regarding getting a default judgement. my guess is that they will acknowledge as late as possible then ask for an extension as there seems to be quite a few of us with MCOLs in the system with them at the same time.

 

good luck!

[Les Gunn]

Hi joanneclaire,

 

I'm surprised they haven't acknowledged - I suggest you ring their Legal Dept and give them a heads up cos you can bet your bottom dollar if you enter default, they will fight it all the way and really string it out, saying they haven't got the papers blah blah. As it is, they haven't a leg to stand on anyway, so you might have to wait a few weeks longer for your money. Good luck!

 

[joanneclaire]

well you guessed it they filed a defence in the last hour! right on the last day 18th Oct, recevied letter from solicitors today asking for a further 28 day extension after the courts 28 days expire, taking it up to 29 Nov!

[Les Gunn]

Hi joanneclaire,

 

The choice is yours but I personally would not grant them 4 weeks as they are just stringing out for time. Try the 3 week avenue and see what they say...they are hardly likely to refuse - after all, they are slowly getting bunged up with all our claims - ha!

 

[joanneclaire]

thanks les for your reply,

my problem is I am on holiday from the 17 Nov - 2 Dec, so not sure what will happen?

 

I will be away wether they have 3 or 4 weeks granted.

 

personally I find their letter a bullying, ie, give us more time or we will apply for it and you will have to pay ?

 

sorry to hijack this thread a little, my thread cook v spml seems to get missed?

 

can they really make you pay if I say no the 4 weeks, that will mean they will have had 8 weeks in total ?

[gizmo111]

thanks les for your reply,

my problem is I am on holiday from the 17 Nov - 2 Dec, so not sure what will happen?

 

I will be away wether they have 3 or 4 weeks granted.

 

personally I find their letter a bullying, ie, give us more time or we will apply for it and you will have to pay ?

 

sorry to hijack this thread a little, my thread cook v spml seems to get missed? Maybe because you are using this one?

 

can they really make you pay if I say no the 4 weeks, that will mean they will have had 8 weeks in total ?

I don't know haven't crossed that bridge yet - but I should imagine they will bully all the way to court - it seems incredibly unfair to me - especially as they need to prove is that their ERC is a genuine pre estimate? My 14 days is up on Wednesday so will see what I receive from them.

[joanneclaire]

I have just been on the phone to the MCOL service as I am still unsure what to do about the solicitors letter.

 

Basically, they tell me that if I AGREE to extend the deadline then I have to write to the court to inform them.

 

If I dont agree, yes the solicitors for SPML can apply to the court for an extension, but it doesnt mean that they will get one granted as its up to the court to decide that.

 

The lady I spoke with is unaware that that they can automatically assume that I will be liable for the cost of them getting the extension. She did say that should they win the case THEN they can maybe apply for me to pay the costs, but not until they win the case.

 

Has anyone else come across this??

 

I have tried to speak with someone from the solicitors but they are at dinner at present, so will try later, will let you know how I get one.

[gizmo111]

I have just been on the phone to the MCOL service as I am still unsure what to do about the solicitors letter.

 

Basically, they tell me that if I AGREE to extend the deadline then I have to write to the court to inform them.

 

If I dont agree, yes the solicitors for SPML can apply to the court for an extension, but it doesnt mean that they will get one granted as its up to the court to decide that.

 

The lady I spoke with is unaware that that they can automatically assume that I will be liable for the cost of them getting the extension. She did say that should they win the case THEN they can maybe apply for me to pay the costs, but not until they win the case.

 

Has anyone else come across this??

 

I have tried to speak with someone from the solicitors but they are at dinner at present, so will try later, will let you know how I get one.

 

Les gunn has and he granted estension - however they still have a further 14 days to file a defence so can't see what their problem is.

[dolly]

I am confused as to why you would have to pay their costs should you not grant them the extension. As far as I am aware, if it is kept on the small claims track, which it will be, then you would not be liable for the other persons costs should you lose.

[gizmo111]

I am confused as to why you would have to pay their costs should you not grant them the extension. As far as I am aware, if it is kept on the small claims track, which it will be, then you would not be liable for the other persons costs should you lose.

 

That's what I thought and why the estension - they have 28 days to submit a defence - if they spent more time on that and less time on requesting extensions and threatening people with costs they may get the paperwork in in time. SPML are going to be horrors - I can feel it.

[zootscoot]

You remain liable for court costs in the small claims if you lose, hence the reason the banks pay these in their 'goodwill gestures' applications for extra time incur a court fee. The courts are quite generous in allowing extra time. I've seen countless posts where banks have not kept to deadlines and the courts response is simply be patient. If you are seen to be unreasonable in not allowing extra time this could be held against you. Les Gunn took a good approach in not allowing them the full four weeks but only three weeks. In doing so he has shown the court he is acting reasonably and has removed the chance that he will have to pay the court fee for an application for time extension.

[joanneclaire]

I have just spoken with the solicitors involved with SPML.

 

Basically what the courts told me this morning was correct, you do not and they cannot make you pay the court fee for an application for a time extension. Unless of course they win the case in court - which then they can apply for it.

 

So their letter with the paragraph is a little bullying to me:

 

If you do not agree we will apply to the court for an extension and seek an order that you pay the costs of such an application. We trust that this will not be necessary

 

The solicitor was really quite nice and agreed that should they proceed and ask the court for an extension this is at the courts discretion and also they can only ask for an order of payment for the extension should they win the case in court.

 

I filed the MCOL on the 29th Sep, it was deemed served on the 4th Oct, SPML filed the acknowledgment at the last hour on the final date 18th Oct.

 

It was at this point that it was handed to the solicitors on the 19th Oct which is when the solicitors sent me a letter. Hence the solicitors have only had this a matter of a few days.

 

I explained that it was not my fault that once I filed the MCOL back in Sep SPML did not take it seriously and instruct a solicitor at that point, but they themselves waited until 19th Oct after the first 14 days was up to instruct them to act on their behalf.

 

I agreed to a 7 day extension and she is going to let me know if SPML agree to this. I dont see how they can argue that I havent been reasonable and given them enough time, my LBA was sent to them in AUG ! not my fault they even sat for 14 days on my court claim before instructing a solicitor?

 

Maybe I am been unreasonable? I will keep you all informed.