Welgemoed v Lloyds TSB ***WON***

[GaryH]

Pretty much yeah. Have they requested a months postponement to reach settlement on section A of their AQ?

[Sian819]

Yes they have asked for a month to settle. Should I write to them? Are there any template letters I could use as I'm useless at writing them myself!

[GaryH]

Dear Sir/Madam,

Thank you for providing me with a copy of your completed N149 Allocation Questionnaire, which I received on **/**/**.

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one month postponement in proceedings in order that a settlement may be reached by way of negotiation.

Please note that throughout the process of this claim, neither yourselves nor your client have ever given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, all my previous attempts at dialogue with your client have been met with outright refusals to negotiate this matter, and on **/**/** I received a letter from Lloyds TSB’s service recovery centre which explicitly stated that the bank had issued its final response and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Please be advised though, that I am completely confidant in the strength of my claim and believe that your clients charges could indeed be proved to be unlawful penalty’s which you are trying to cloak as contractual service charges. For this reason, I will only settle for the full amount of the claim, namely £***.

In light of your indication of your intention to negotiate settlement, I will await your communication informing me of how you wish to proceed. I trust this will come before **/**/**, as this would be the final day of the month you requested to reach a settlement in your allocation questionnaire.

A copy of this letter will also be sent to the court.

Yours faithfully

 

Remember to send a copy to the court too.

[Sian819]

Thank you

 

for the total amount I would settle for should I put just the total of the charges or the total inlcuding the charges interest and court fee's? And if yes should I just put the total or provide a break down?

 

I have sent them the schedule of charges and the spreasheet showing the interest calculations.

[GaryH]

No need to send another schedule.

 

Put the total of the charges, interest and court fee, then add "plus interest accrued since the date of issue, which is £** "

[Sian819]

Hi

Hope everyone had a Merry Christmas and a Happy New Year

 

Just a quick question:

If Lloyds have been charging me since the date I sent my claim in can I add those charges to this claim or will I have to start a new one when this one has settled? (positive thinking;) )

 

Thank you

[BARTY]

Hi and Happy New Year!

You can not add any more charges on once your claim has been submitted. So you will probably have to start a new claim once you have won this one.

Good luck!

Barty:)

[Sian819]

woohoo more fun and games with Lloyds

 

thanks for the info

[Sian819]

Hi there peeps

 

Just a quick question.

 

I had to resubmit my particulars of claim because the court deemed that there was not enough info provided which I did to both the court and SC&M. SC&M were then given a further 28 days to decide what they wanted to do, that expired on the 13th Feb and as yet I still haven't heard anything from anyone. I called the court and they confirmed that the claim is still open. Should I write to SC&M asking whats going on or keep calling the court and chasing them?

 

Thanks

[GaryH]

Were they actually ordered to file a new defence? If you could post up the contents of the order we'll be able to tell you what to do next.

[Sian819]

This was the letter I got from the local court

 

General Form of Judgement od Order

 

Before DISTRICT JUDGE AVENT sitting at Central London County Court.

 

Upon the courts own motion. The court has made this order of its own initiactive without a hearing. If you object to the order, you must make and application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

1. The particulars of claim are struck out because it does not disclose the Claiments case.

 

2. Unless by 4pm on 15th January 2007 the Claimant files and serves a full and detailed particulars of claim complying with Civil Procedure Rules 16, the claim shall be struck out and the defendant has permission to apply for a summary assessment of their costs of the action.

 

3. If the Claiment complies with paragraph 2 the defendant has permission to file and serve an amended defence y 4pm on 12th February 2007, the costs of such amendments being paid by the Claimant to the Defendant in any event.

 

4. The file shall then be referred back to the Disytrict Judge for further directions.

 

I went down to the court in person to give them the amended particulars of claim and then sent these to SC&M by special next day delivery which was signed for, they were also stamped by the courts too.

 

So just wondering what to do next really, the girl I spoke to at the court said that the claim was still open but she wasn't sure what was happening with it. Do I continue to call the courts?

 

Thanks

[GaryH]

Ok, you need to write to the court.

 

Refer to the order, tell them you have complied with paragraph 2 but the defendent has not complied with para 3. Accordingly, you respectfully request that your claim is allowed to proceed to allocation in accordance with the Overriding Objective.

 

Send a copy to SC&M.

 

The judge should then issue a court date and directions.

[Sian819]

Great thank you

[Sian819]

Panic!

 

I haven't posted in a while as I've been trying to get a fixed court date settled. I called the high court again today to be advised that my hearing is set for the 22nd June at 09.30am! I should have a received a letter on the 23rd May apparently (errr nope) so am now slighty panicking! HELP!

 

What do I need to get ready for Friday? It's a CNC hearing and apparently there are quite a few others taking place on the same day. As I said this is the first I've heard about it having received no letter so I haven't submitted anything (bundle) at all!

 

Thanks

 

[Sian819]

sorry to repost but my court date is this Friday (I really did only find out this afternoon as the post in this building is always getting lost!) I'm going through the "GOT A COURT DATE" thread and doing eveything advised in that just wanted to know if there was anything else I should be doing

 

Thanks

[Sian819]

WOOT!

 

Just got a call from a very nice man named Gary at SC&M offerring me a full settlement in my account later today I'll post again when the money is actually there but WOOT WOOT WOOT

[Sian819]

Have just checked my bank account and the full amount is there am e-mailing the court now to let them know.

 

Thank you for all the help and advice.

 

BTW the Lawyer at SC&M asked if I had any more charges I'd be claiming for, which I do as this claim took 11 months and he asked me to send the details direct to him to see if he could get that claim paid out any quicker! So w00t all round

[BARTY]

Congratulations!! :D

Barty:)

[nicsussex]

BTW the Lawyer at SC&M asked if I had any more charges I'd be claiming for, which I do as this claim took 11 months and he asked me to send the details direct to him to see if he could get that claim paid out any quicker! So w00t all round

 

That's an interesting change of tactic from SC&M (if he means it that is).

 

Congratulations on your win

[Sian819]

LOL I'm not going to be holding my breath but it would be nice to just get that one sorted! Have sent the letter off today

 

and thank you

[GaryH]

Great news, well done. Took your time though - I think this must be one of the longest running Lloyds claims ever! And thats saying something!!

[livelylad]

Congratulations

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[stevokenevo]

Congratulations Sian ;-)