Zak .v. Lloyds TSB

[zak_allen]

Hi JHenry, sent my AQ to the courts and SC&M on the 12th and I'm too hoping to recieve a settlement soon so fingers crossed that I get it through before the new year! If so I'm sure we'll both be having a very merry xmas!

[zak_allen]

Happy new year all, hope you had a good xmas.

 

Over Xmas I recieved a phonecall from SC&M which reached my voicemail, asking me to contact them back quoting a reference. I returned their call and quote the reference, the lady then began to tell me 'we are contacting you on behalf of LTSB, it seems you are in your arrears and have been for quite some time. Therefore it has been passed to us to see if we can collect your payment or should we start court proceedures?'

 

I couldn't believe it, SC&M are obviously so unorganised that they despite sending me a copy of their AQ questionnaire before xmas, they still don't seem to be fully aware of where we are in this claim. Very professional!

 

So after enjoying hearing SC&M make a complete fool of themselves I enjoyed my xmas and that bring me to yesterday when I recieved a letter from SC&M saying that after careful consideration they are prepared to offer me a REDUCED payment for the next six months!?

 

I almost fell off my chair laughing. Are they out of their tiny little minds? Hmmm what to do? ...£3kPLUS back in claims or accept their poxy little reduced payment which will still leave me out of pocket? I think I will tell them to shove it up their @rses!

 

It states in the letter that if I DON'T contact them in the next 7 days to confirm this agreement then they will seek further instructions from their clients. Pssh...Idiots.

[GaryH]

What, so they've offered you reduced payments on your arrears as a settlement to your charges claim? Thats unusual.

 

I'd refuse, and also tell them that you will not discuss the arrears of your account untill the dispute which it is the subject of reaches its satisfactory resolution.

[jhenry]

How Bizzare

 

Is it probably best to confirm in writting and say "as my account is in dispute I wish not to discuss the areas until the dispute is settled"

 

Probably get better wording to the above from site helpers zak

 

jhenry

[zak_allen]

I sent SC&M a letter two week ago saying..

 

"regarding your letter dated **/**/**, I am NOT willing to accept or entertain any offer other than full and complete settlement whilst pending court action."

 

I also sent them an accumalation of what they owe me along with my interest. I sent it to the court as they requested. The court said I had to have it sent before the end of the month and i did it two week ago. Not heard nothing from no one but I'm getting a little restless. I want my money back!

[zak_allen]

Hi guys, long time no speak! Here's an update.

 

At the start of Jan I recieved a court order for 'a list of my up-to-date charges for which I am claiming for'. The deadline for this was the end of Jan so I sent them immiediately to avoid missing it. I waited for three weeks into feb until deciding to call my local court to ask what was happening. They informed me that the case was on file and awaiting Judge action and they would send it on to the Judge; I should hear something within a week. A week later I heard nothing, so I phoned the courts again to find out that the case had not even been sent, but the lady advised me she would send it straight away. A week later I still had heard nothing more so I phone again last week asking for an update. She told me the case had been sent to the judge and he is curently dealing with the case.

 

So I'm hoping that I can avoid the need for another call to the courts, by recieving some letter/update soon. I've heard that a lot of these cases are being decided out of court due to the large and continuely growing number of cases currently on file.

 

Has anyone witnessed the same situation and what was the outcome? and ideas?

 

Thanks

[Wethers82]

good luck

[zak_allen]

Hello again, phoned the courts just now. Aparantly the judge is waiting for a reply from LTSB/SC&M and it is due by 16th March which is tomorrow.

 

Seems like they're leaving it a bit late don't you think? I know they were always going to delay but leaving it until the deadline day? that's IF the court actually recieve a reply by tomorrow. Things continue to get interesting.

 

Has this exact same thing happened to anyone?

[GaryH]

Hi Zak,

 

Waiting for a reply to what, exactly?

[zak_allen]

Hi Gary,

waiting as to a response from the courts as to what my next step is and what is happening with the case.

[GaryH]

No but what response are the courts waiting for from SC&M?

[zak_allen]

she wouldn't disclose that information to me. But the Judge put some notes on the file. That's all i know

[GaryH]

Hmmm... interesting. Let us know when you hear anything.

[zak_allen]

Hello again, after waiting two months I've finally heard back from the courts. The Deputy District Judge has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. I've been giving a hearing time and place, the only problem is it's not for another 10weeks.

 

I'm a little disappointed as I hoped that LTSB/SC&M would have backed off and made a settlement with me already but it doesn't seem like that's what they want to do.

 

Is anyone in or has anyone been in this situation?

[GaryH]

10 weeks is about par for the course.

 

Most lloyds claims reach this stage - your not on your own by any means, no need to worry!

 

What directions have been ordered? Have a look at this thread, it will tell you what you need to do next -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[zak_allen]

I got a letter back from SC&M yesterday. They want to settle ahead of the court date in june! only problem is; they are offering me £200 pounds less than what I'm owed, BUT i'm gonna contact then on monday about it. I'll just advise them off the price i'm owed, if they want it in writing then that's alright, but i'll advise them that it means that the cancellation of the court date will be delayed, and with it being very close this matter needs to be dealt with urgently.

 

So anyhow, should get the money either way! Thanks to you all that helped!