Lloyds/SCM Claimform - old Loan **sorted out by way of consent order **

[citizenB]

It is my understanding that even if mediation is ongoing, then the court will still continue to process their diary.. JIC mediation fails.

[marylikes]

It is my understanding that even if mediation is ongoing, then the court will still continue to process their diary.. JIC mediation fails.

 

Hi citizenB, yes that my understanding too. The case will still rumble on and we have plenty of time to negotiate a settlement whilst its in progress.

[marylikes]

They would have just reduced the balance from the claim outstanding! You still need to pay the rest?

 

So if you haven't made any offers they have taken it to court

 

The counterclaim has been agreed so there won't be any mention of it

 

Are you sure that you are getting letter from first credit for the same debt?

 

It may be another one? Check the numbers

 

If you want to go for mediation you need to let the court know otherwise start getting prepared for court in March

 

Hi Angel, it has now dawned on me exactly what they have done. Its quite disingenuous to tell me the counterclaim has been agreed, tell me they have refunded x amount of charges to bring the matter to a close then infact sell the account on. Thus leaving the matter very much open.

 

What i need to find out now is how to convey to the court that the counterclaim has not been settled.

 

They have untill 17th December to provide a breakdown of how they have arrived at the amount claimed for. Anyone know what happens if they fail to meet this deadline?

[Guest Angel235]

They can't sell the account half way through court proceedings

 

I think you have mis understood, they have agreed the counterclaim but will still continue with the balance outstanding

 

If they miss the deadline the court will just send an unless order for a further 7 days

[marylikes]

They can't sell the account half way through court proceedings

 

I think you have mis understood, they have agreed the counterclaim but will still continue with the balance outstanding

 

 

[marylikes]

Which part have i misunderstood?

[Guest Angel235]

One is for a loan and the other your account??

[Guest Angel235]

And by the way they have proberly know who you are now!

[marylikes]

And by the way they have proberly know who you are now!

 

I'm past caring about that now. They'll have known who i am from the first page. My DSAR which i recieved 2nd December never mentioned or showed any sale of account. Its strange , all of it i mean?

I think someone needs their head wiggling in their office, you agree Angel?

[marylikes]

One is for a loan and the other your account??

 

Yes, their claim is for Loan, my claim was for my current account. They settled the current account/claim, only now they appear not to have. They've sold it !!

[Guest Angel235]

It is very strange!!

 

I just thought it may have been two different accounts

 

Do

You think they may have mad a boo boo then?

[marylikes]

It is very strange!!

 

I just thought it may have been two different accounts

 

Do

You think they may have mad a boo boo then?

 

I'm not sure whats happening to be honest, but my gut feeling is that something isn't right. I think my main concern is conveying to the court that the counterclaim although "agreed" by the claimant has not been settled and has infact been made worse for them. I just need to find out what i have to do next regards informing the court.

[Guest Angel235]

Why is it worse for them?

[marylikes]

Angel235 said:

Why is it worse for them?

 

My counterclaim was for breach of BCOBS 5.1.1

Quote

1A firm must provide a service in relation to a retail banking service which is prompt, efficient and fair to a banking customer and which has regard to any communications or financial promotion made by the firm to the banking customer from time to time

in so far as it took them almost a year to look into and still not sort out my current account. During which time they whittled the balance down from over 1K to what it is now and passed me through allsorts of DCA 's whilst it was in query. The account balance had still not been resolved.

 

From where i'm sitting it looks like they're continuing this breach, because things are getting more confusing and more complicated instead of being sorted out.

 

I might try their tactic, i'll write to the court and tell them the claim is agreed and send them a cheque for £50 to settle it .

 

Is there anyone who could advise me what steps i need to take to make my counterclaim "live" in so far as i don't think its been settled?

[Guest Angel235]

It doesn't seem to be that the site team are helping??

 

How do you call them?

 

Do we need a light in the sky like batman lol

[marylikes]

I've often thought emailing these questions to SCM direct might be more useful, but alas they don't communicate by email.

 

In fairness, i can understand a reluctance from the team to advise me given my past critique.

 

I think i can take a leaf out the creditors book and go for summary judgement, its been admitted and not satisfied/sorted out.

 

Lets put the pressure on !!

Looks like i'll have to trawl through all that CPR stuff on my own

[Guest Angel235]

So your gonna send an application for summary judgment then?

 

On your counterclaim?

[marylikes]

So your gonna send an application for summary judgment then?

 

On your counterclaim?

 

Good morning Angel. No i said that toungue in cheek, hence the smiley !!

I'm going for the easy way, they're willing to mediate and the mediation service have contacted me.

If the mediation is succesfull then we'll be in the same position we'd of been in if they'd have contacted me in the first place and asked to review my payments schedule. Only we'll have gone all around the houses to do it.

 

If its unsuccesfull, then just like the clever way they shafted me with the counterclaim they'll probably send a barrister to smack my bum in court and wipe the floor with me.

[Guest Angel235]

Oh sorry I'm not very good with this technology and understanding it

 

Have you sent them an offer?

[marylikes]

 

Have you sent them an offer?

 

Thats now going to take longer to assemble an offer, as they have not settled the counter claim in the way i would of wished they've settled it in the way they wished. So i'll have to re jig everything now to include this other account when taking stock of my finances.

[Guest Angel235]

Hopefully you will settle at mediation

[marylikes]

HI again ,

Court directions for Small Claims Track ordered Claimant to file and serve a full breakdown of the amount alleged from the Defendant by 17th December 2013. This has not been done. What action can or do i need to take over this matter. Leave it until we get to Court? Any advice appreciated. Can i ring the Court and see if they have recieved one?

[citizenB]

I think you need to contact the court to see if they have received anything. If they havent, then I think you might also then need to write to the court to advise the claimant has ignored the order.

[Guest Angel235]

Yes call the court and see if they have complied, you could always call the claimant and we why?

 

Have you sent an offer or agreed something that would say they didn't need to comply?

 

Did you find out?

 

???

[marylikes]

Hi , sorry for late reply. As well as asking the question here i done some research and i'd come to the conclusion that its not going to be a persuasive issue in the case, pre the trial. I'll seem to answer my own question here but as far as i can fathom i should of made a cry about it after the date for compliance had lapsed, i never. So i'll now wait and point out that the amount has not been clarified, although my guess is that the Solicitors will have a fully clarified amount of the amount claimed for come the trial so it will in effect be a non issue. I'm prepared for that. Obviously i'm prepared if they havn't too.