Scm Want More Time To Settle????

[hairybear86]

ok so i recieved the AQ from SCM today, stating they want an extra 1 month to settle, which im obviously gonna take it right to the end and not accept any settlement.. they have also stated they wont be available for any of november to attend court (thats quite worrying-what if they decide to come to court - oh well)....

its a joke really...... as soon as this has been sorted im gonna do another one against lloyds! the cheek of them to put £105 charges this month and £70 last month - how on earth do they expect people to get on top of themselves when they taking stupid amounts of charges which probably only cost them 4p but they want to charge stupid figures. ive had it with lloyds they see i have good income go into my account monthly plus other rental income, but just because a d/d goes out 2 days before money goes into my account they want to penalise me evry time - god im outraged!!!!!!

[midge61]

Hi

Below is a letter Gary H gave me to send to SCM as a reply to their AQ.

 

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 client’s charges could indeed be proved to be unlawful penalties 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. A copy of this letter will also be sent to the court.

 

 

Yours faithfully

Hope this helps

[hairybear86]

brilliant, will send off today, thanks

[hairybear86]

can anyone tell me what happens now, do i just sit and wait for them to get back to me now?

[Number6]

can anyone tell me what happens now, do i just sit and wait for them to get back to me now?

 

Give them 7 days from your letter and send another one asking why they haven't contatced you - keep it polite but firm. Follow up with a phone call.

 

If, as is probable, you get no joy from them then write again expressing your disappointment and tell them that you will inform the court of their intransigence and that you will copy the court in with your correspondence.

 

Then write to the court enclosing copies of your letters and espress your disappointment and annoyance about SCM / LTSB's abuse of the court system.

 

Pete

[hairybear86]

thanku

[scissorheart]

I am waiting for ****'s AQ to come back and I am anticipating that they will be asking for a stay of proceedings. However - I modified the 'removal of stay letter', put it in sort of future tense and sent it to both the court and to **** saying that 'in the event that they asked for a stay of proceedings, this would be the grounds for my applying for its removal'. As far as I know, nobody has attempted this yet - but if stays are being removed on the strength of that letter, then they can theoretically be decined on the same basis. I'll keep you all updated on how that goes.

[hairybear86]

thanks scissorheart,. and i will be checking your band out later when home

cheers

[hairybear86]

recieved a letter from court today stating ive a hearing set for 10am 13th february 2007

it is saying that the case has been fixed as a part of a block list

and that each party shall deliver to every other party and to court office copies of all documents on ehich the judge tends to rely on at the hearing 14 days before.. i cant beleieve its been set that far away, does anyone no if this can be bought forward is it down to the courts....

really could of done with some cash for xmas, theyve already put another £105 in charges on my account to come out on dec 1st!! now im raged

so i suppose i do nothing now?

[hairybear86]

Please Can Anyone Advise Me On What To Do Now, Coz It Seems To Be Dragging Out, They Havent Even Offered Me A Settlement Figure And This Been On-going Since July..

[scissorheart]

I am assuming that they have applied for a 'stay of proceedings' have a look in the resource libraray as you can get this removed which brings it forward by a month thus making it 7th January instead of February.

[LHP]

what if they havn't applied for 'stay of proceedings'?

[BARTY]

Hi Hairybear

To be honest I don't think there is anything you can do but wait, the Courts are snowed under with claims. Mine took approx. 7 months from start to finish, which I reckon is about average.

Sorry, but think of all the interest you be accumulating!

Barty

 

 

I WON!!!! :grin: :grin: :grin:

http://www.consumeractiongroup.c o....loyds-tsb.html

[hairybear86]

i suppose, thanks though, im still not 100% on what a removal of stay is to be honest, i havent had chance to read threads about due to huge workload at moment.. here was an article is yesterdays sun about bank charges and how they are unlawful..... well i no ill be putting another claim in with lloyds as soon as this one sorted, will of accumalated lots more by then, reckon im upto £450 since july

[GaryH]

recieved a letter from court today stating ive a hearing set for 10am 13th february 2007

it is saying that the case has been fixed as a part of a block list

and that each party shall deliver to every other party and to court office copies of all documents on ehich the judge tends to rely on at the hearing 14 days before.. i cant beleieve its been set that far away, does anyone no if this can be bought forward is it down to the courts....

really could of done with some cash for xmas, theyve already put another £105 in charges on my account to come out on dec 1st!! now im raged

so i suppose i do nothing now?

 

Nothings been stayed, you've been allocated a date. Its a long way off, but at least its been set.

 

No, there is nothing you can do to get an earlier hearing. The courts are snowed under at the moment (wonder why:rolleyes: ) and unfortunately thats just the way it is. All you can do now is concentrate on getting your evidance bundle sent off. When you've done that, SC&M may well settle, although unfortunately your judge has allowed up untill 14 days before the hearing for doc exchange, so they are'nt under any immediate pressure. The judge has missed a trick there, as some seem to do unfortunately - if the document exchange was set sooner the case would be settled and disposed of for the benefit of everyone, especially the court. Oh well, just file and serve your bundle ASAP. If you don't know already, most of what you need is in the 'court bundle' in the templates library. Add to that the McNamara interview, all correspondance between you and Lloyds, your statements or account information and a schedule of charges. Plus, have a look at page 3 of my thread where you'll find my summery of evidance which you should find useful.

 

Get 3 copies of everything, send one bundle to the court, one to SCM and keep one for yourself.

[hairybear86]

ok well i sent another letter on 17th, (a week after my 1st letter) stating:

 

Dear Sechairi Clark & Mitchell

Two weeks have now elapsed since I received your clients allocation questionnaire, which indicated your intention to resolve the matters detailed above by way of negotiation. You did in fact request that the court order a stay for this purpose.

 

To date, you or your client have made no attempt whatsoever to engage in dialogue and my last letter to you of 10/11/2006 has not even been afforded the courtesy of an acknowledgement. As it were you who requested a stay be ordered to negotiate, I must say I find your intransigent attitude both surprising and unacceptable.

 

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the court in such contempt as to abuse the system in the manner to which a false indication such as this would equate.

 

As such, I will await your proposals for the resolution of this matter and I trust this will come within the next two weeks.

 

A copy of this letter has also been sent to the court.

so i have sent a copy of this letter off to scm, i will try call them to see if recieved

 

 

[hairybear86]

i called up **** and spk to a receptionist, i explained id sent letters on 11/11/06, and i wanted to no whether they had been acknowledged, she replied they dont acknowledge any letters from us, and they dont need to spk to us at any time unless the bank 'lloyds'' request's them to ie by making an offer of settlement, and that SCM only act on when lloyds tell them to do so...

i hope im going the right way about this - still very phased by it all

[GaryH]

Send a copy to the court as well, for inclusion in your file.

[hairybear86]

there 1 month to settle will soon be up and although the court date isnt set until february cant i justr start pushing them abit with more letters?

[Number6]

there 1 month to settle will soon be up and although the court date isnt set until february cant i justr start pushing them abit with more letters?

 

Politely write to the court enclosing copies of all your letters to SCM and pointing that in your opinion they are abusing the court system.

 

The file may well get passed to the DJ and an earlier hearing date directed. It's worth a shot.

 

Pete

[Smelliellie]

You know I really don't get why the Judges haven't cottoned on yet. Do they think we're just trying to make a nuisance of ourselves? Why do they let the litigation drag on like this?

 

Good luck Hairy, I'm rootin for ya

[Number6]

You know I really don't get why the Judges haven't cottoned on yet. Do they think we're just trying to make a nuisance of ourselves? Why do they let the litigation drag on like this?

 

Good luck Hairy, I'm rootin for ya

 

To some extent the courts are hidebound by procedure, they have to follow the book; the banks know this and exploit the system for all it's worth.

 

Just a case of patience and persistence really. I was really hoping my case would have been settled by now but as yet I don't even have a hearing date.

 

Pete

[hairybear86]

well ill give that ago then,

many thanks lol

[hairybear86]

well ill give them 1 week from when i sent my letter on the 17th and ill send another:

which i also got the letter template from this forum, i certainly couldnt word letters so well myself:

 

still ill just hound them now until they finally decide to do something.

 

im also gonna send a copy of all my letters ive sent to them to try resolve this to the courts this week,

 

hopefully im getting it right?

 

Dear Sechairi Clark & Mitchell

I am contacting you due to the fact that XXXXXXXXXXXXX, has ordered the months stay you requested to enable us to attempt to settle this matter out of court before the December 07th 2006..

As I have contacted you on several previous occasions to see if you will enter into dialogue regarding my claim against your client, and received no response, I once again write to you to attempt to resolve the matter.

 

What I feel is required is an honest and sincere attempt to clarify the issues so as to produce a solution which represents a just result - such as the court itself might produce, but without the help of the court. And for us to work out what is the legal right and to agree a solution based upon that right.

This is my interpretation of the judge's order so I therefore propose that we attempt to deal with the main points.

 

1. Penalty Charges

 

If the charges are indeed a penalty for breach which is the consensus of me and many others, this is yet to be disproved by your client.

I agree therefore that your clients are entitled to recover losses caused by my breach. However, I do not agree that your client may profit from such a breach - and they cannot dispute this as it is already settled in law.

 

2. Service

 

Alternatively if it does turn out that their charges are for a service and not imposed because of a breach (which at the present time I am not admitting to), I would agree that they are entitled to make a profit. However, my position is that your client is only entitled to make reasonable profits and that what is reasonable can be measured by reference to S.15 Supply of Goods and Service Act 1982.

 

The first point above which is the major point of disagreement and is also the most easily resolved by your client, if they will simply provide a breakdown of their actual losses in relation to my particular case, based yearly as they can not claim that the costs or losses to them is the same in 2006 as it was in 2001. Then after examining the supplied information I would be willing to agree to whatever it discloses, and we can move forward.

 

As to the second point which is whether the charges are a penalty or a fee for a contractual service is actually a question which I feel is far more suited to be decided by an independent lawyer - such as a judge.

 

I hope that you and your client are being as sincere as I am to attempt a settlement of this matter through open dialogue, without the necessity of bringing the matter before a judge.

Therefore I await your response to this correspondence, as the time you requested expires shortly and you have yet to contact me.

 

I would be grateful if you could confirm receipt of this letter please

Yours faithfully

again thanks to this forum as couldnt of got this far with out the support

 

[hairybear86]

i no this is probably a silly question, but i have flu and cant think straight!! in the letter i am sending off above in the first sentance where it states xxxxxxxxxxxxxx. what do i put there???:idea: