Beales Vs lloyds TSB **WON**

[pbeales1]

Thanks Gary, I faxed Mr thomas at sc &m.

Saying:-

 

Dear Mr Thomas,

 

Thank you for providing me with a settlement figure of £5100 including Costs.

However, in light of this settlement I must draw your attention, to the fact that according to my Particulars of claim form dated 20/11/06, it does not seem to include interest at 8%. I am sure that this is an oversight on your behalf. An amount of a further £1028.71 is outstanding in full and final settlement.

I await your prompt reply.

 

Gary,will there be any problems with this?? My court date is 16th April and it states that all info too be sent into court 2weeks before case.

Also do you think that there will be a problem with the settlement being over th £5000 mark.

Its small claims track.

I will stick to my guns and post today first class recorded delivery to sc&m and The court, so at least to see that communication in line with settlement is very close if nothing else.

 

pls let me know ypur comments.

 

Regards Phil.B

[GaryH]

Thats fine. £1000 is too much to lose! If they haven't paid it within a week then I would give them a call.

 

The value of your claim has no bearing on the track now - you've already been allocated to small claims, and besides the 5k threshold is only a guideline its not set in stone.

[pbeales1]

Ok Gary thanks For all your very kind input.

I have posted last night recorded del to sc & m, faxed a copy to them early yesterday and sent one copy recorded del to court.

[pbeales1]

im a little worried that i havent sent my documents into court as indicated. it said that all documents must be filed within 2 weeks of court date.

I may phone the court to get a little advice.

 

Regards Phil.B

 

I will contact them within the next week if I havent got full and final settlement.

[GaryH]

I'd get a bundle up together and send it in now. Also one to SC&M, it should give them a good kick!

 

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

[pbeales1]

Hi Gary,silly of me I know, but i didnt send in my bundle.

No excuses,the usual pressure of long hours and family commitments.

Court is monday 16th April.

I have sent again that letter Guaranteed del and re-faxed it some 4 days ago. Still nothing,just wondering how late to leave it before i send in my discontinuence. I dont want to put myself in the position where i am liable for there costs if I leave it to late.

 

May fax discontinuence today to sc & m And court.

 

Let me know what you think.

 

Many thanks again Gary.

 

Regards Phil.B

[pbeales1]

Just received cheque for £252. they say 8 % interest is worked out and offered from the start of the claim (24th August 2006 - 16th April 2007 - which is court date.

 

I thought Interest was based on 8 % of the total claim amount?

your help is much apresiated.

Very Confused Now.

Do you think that i have any time left to argue this.

Bearing in mine court date is Monday 16th April 2007 at 12 mid day.

 

Regards Phil.B

[innocent]

Hi there and congrats on the status of your claim so far

 

 

8% is statutory interest based on the entirity of the claim figure...

 

...more precisely 8% daily on each charge, from the specific date of this particular charge....(for all your charges)

 

 

Sounds to me if thiey are definitely trying it on....

 

They will pay the remainder if you persists (the court would enforce it anyway)

 

 

Hope this helps in some little way

 

Innocent

[pbeales1]

Thankyou for your help Innocent.

I thought it was correct. Can you beleive that S,c & m actually rang me on Friday. Telling me that 8 % is correct but only from the time that the claim was started until monday 16th April.

I dont think that i have much time left to persist.

Bearing in mind that i have received all my costs and bank charges back.

Im due in court 2 moz and i have not sent in my bundle.

I am sitting here in antisipation whether or not to fax discontinuence.

 

Puzzled and in thought.

 

Regards Phil.B

[innocent]

Ok, (I'm no expert here; but I have won 3 cases with 1 court appearance)

 

 

The lack of a court bundle is not good; but personally I would turn up at court tomorrow (to show your respect) and explain the situation, and explain to the judge that the claim is in the process of being settled....

 

(see Innocent vs Barclaycard)

 

*Take any settlement letters; be polite; in my experience the judge was very impressed with the work I had done to date, and this site etc

 

*Explain the situation regarding the 8% and judge will confirm SC&M are wrong.... if SC&M attend they will be rather embarrassed

 

I know its time out of your day; be I would strongly recommend it; if only to show respect to the court etc....

 

If you want at 9am tomorrow phone the court; they will confirm what I am saying (I think)

 

 

Dont panic; you've won! And I would love to be in a situation in a court room where a bank will be embarrassed....

 

 

Give us an update

 

Innocent

[GaryH]

Yes, I would do as innocent says - you should go.

 

A bundle won't really be necessary as the charges are not really the issue anymore - they've indicated that they will settle but have got the incorrect amount.

 

Show your workings to the judge, and request that he makes an order for them to pay the outstanding amount.

 

You should also comment that Lloyds/SC&M have had months to offer an arrange settlement if they had wished to, but, in common with hundreds of other claims, they've choosen to drag you through 6 months of stressful litigation only to settle at the very last minute.

[pbeales1]

I attended court today.Explained to the judge about the incomplete settlement.

showed him communication from my self to s,c & m.

He was unable to see also,why they where relutant to settle the amount from my particulars of claim form.

The result was great,i wished they would have attended.

the Judge ordered that s,c & m Pay the balance outstanding.

 

Thank you Innocent for your help.

 

Also Gary H your input is great on the site.

 

regards Phil.B

[innocent]

BIG CONGRATULATIONS!!!!!

 

Is'nt it amazing how helpful the judges are........

 

 

REALLY REALLY pleased for you! The humiliation of SC&M (if only they were there:rolleyes: )

 

 

Keep us informed when SC&M actually "pay-up"!!!!

 

 

Cheers

 

Innocent

[GaryH]

Great stuff Phil, well done!! 2 court appearances now - your becoming something of an old hand at all this litigation lark!

 

Did the judge say anything else, about SC&M abusing the system or anything like that?

[pbeales1]

Yes innocent the judge was a very nice man. i will let you know when s,c & m pay me as per the court order of 16th april 2007.

Its sounds great dosent it.

Its not the money, its the principil of the order and it just shows the lack of communication with the banks to listen.

 

Gary, The judge did day one thing- not aimed directly at s,c & m but at the issue as a whole. He said that Most banks where struggling (solicitors on behalf of i assume) to communicate in a correct manner.

I said that i beleive the way forward was to be clear and honest about the claim from a defendants point of view and as a claimant then the need not arise to waste valuable court time.

 

I was dying to say and comment about a test case.

I must add this though-there was no doubt what so ever in his mind about just who was in the wrong.

 

Obviously i should glote. But I AM.

 

I will keep you posted.

 

Regards Phil.B

[GaryH]

Brilliant, very well done!!

[pbeales1]

S c & m phoned me again today.

Saying that they had spoken to the court prior to the hearing.

A lady called Eve Hammond said that the court had not made them aware of the amount claimed. rubbish and laughed. we all know how many times we have all tried to comm with these guys.

didnt know the amount and were confused.

 

I asked them did they know just what A particular of claims form was!!

to cut a long story short. without being negative i told the kind lady that a court order had been issued against them and they must pay me accordingly.

 

Now then,Just how good did that make me feel.

The lady then said Oh, yes and i just politely said thank you and goodbye.

 

Regards Phil.B

 

I await my copy of the court order served on LLoyds Tsb.

[innocent]

Fantastic!!!

 

 

Loving it!!!!

 

 

Innocent

[pbeales1]

I spoke again to Mrs Eve Hammond at s,c & m Yesterday.

I received copy of court order on the 18th April and do you know what,so did they! strange, i thought they had a mailing system that took 3 days from getting letter to dealing with it,lol.

 

So.....i asked when i would be getting what i was owed as per what was set out in the court order.

 

I was told that another team namerly "the Jugement orders team" are dealing with that,however unfortunately there is a backlog in the department.Now there is a surprise.

 

There are too floors at s,c & m.

One pre court proceedings. (Down stairs)

One during/post court. (up stairs)

 

These have different fax numbers too.

Should anyone want these, i will be happy to supply them for you.

 

So I faxed this letter to the Judgement team yesterday:

 

Thurs 19th April 2007

 

Sechiari, Clark & Mitchell – solicitors.

Department SO,

PO Box 499,

Lower Ground floor, 1-5 Queens Road Quadrant,

Brighton,

BN1 3XJ.

Fax 01273 745356

In The Bolton County Court

Philip Beales –v- Lloyds TSB Bank plc

Claim Number:

FAO Judgement Orders Team

Reference County court Order issued against yourselves on 16th April 2007.

 

Could you please let me know when you are going to pay the outstanding sum that you owe me?

 

The amount outstanding is as per the court Order.

 

This may be Paid to me either by cheque, or into my Bank account.

 

Please confirm this, by way of reply either by Fax or letter.

 

Your prompt reply is Necessary.

 

 

Yours Sincerely

 

 

P D Beales.

[GaryH]

Great stuff Phil. Give them a couple of weeks then you can start to think about enforcing it.

[innocent]

Agreed.....great stuff!!!!

 

ooooo imagine the possibility of enforcing it :lol:

 

 

Innocent

[pbeales1]

Yes, i know and i cant wait lol .

 

I will keep my thread posted.

 

Phil.B:cool:

[witchywarloc]

subscribing

[berty bassett]

LOL cool subscribin too LOL:D

[LISAM696969]

Do You Know Name Of Anyone On Pre-court Floor , And Fax Or E-mail Please . Lisa