Heeeeeeeeeelp!! How much is final interest?

[Sophie-Jane]

I stand corrected - Blonde Moment ??

 

never mind, I'm off to bed, been up too long anyhow

 

Sorry for the confusion

 

Take care

[barracad]

Well all I can say is check out the spreadsheets, it works out the way I have said

 

It doesn't. If you are claiming 8% twice then you are claiming higher than 8%APR.

[powertrip]

I have been reading these threads with interest. Congratulations to all those who have been successful so far...

 

I am wafting to receive the defence and allocation questionnaire (though I am not really sure what this is)

 

Go through phases of confidence and reading the stories on here helps but some days feel a little bit like 'mmm what am I doing":oops:

 

Anyone else feel like that?

[powertrip]

Thats waiting not wafting..

 

You can see my problem:oops: :oops:

[GaryH]

Sounds like your doing just fine so far. Hang on in there it won't be long now, they usually offer a conditional settlement around the time of the allocation questionnaire deadline. Wether you then chose to accept the conditions or not is up to you of course. (I did'nt)

 

When you receive the defence, have a look at Reloads (which is definately recomended reading for Lloyds claimants) or Beans thread to compare with theirs and make sure they are the same - which they more than likely will be. The allocation questionnaire is very simple and nothing to worry about. It just helps the judge to decide which track to allocate your claim to. Which if your claim is under £5000, will be the small claims track. There is a guide for filling in the A/Q in the templates library.

[hellina]

im in the same boat as you i think. next wednesday is the deadline to receive the defence. i am so hoping they dont reply so i can get them on default!

 

 

i dont hold out much hope but i have only 6 days of post to wait now!

[reload]

Fingers crossed for you both. I'd advice you to read up in the Bank Templates Library and the FAQs about the Allocation Questionnaire process, however - whilst a fair bit simpler than a lot of people seem to think, it will serve you well to use the motto: Be prepared

[powertrip]

Got AC today and have to reply by 30.09.06.Do I send straight away and send a copy to the devils spawn, messrs Sechiari, Clark and Mitchell??

 

Getting a wee bit nervous...

[GaryH]

Your bound to be a little nervous at this stage, everone is - in fact its probably a good thing becouse it means you're not taking it to lightly. Just remember though, that they've paid up every single claim so far. They are in the wrong and the law is on your side - you'll be fine.

 

Make sure you refur to the guide notes in the templates when you fill out your A/Q, and ensure you include the request for standard disclosure in section G. Although you are not actually obliged to, it is a good idea to send a copy to SC&M - if only becouse they'll then KNOW your serious.

 

Not long now, hang in there!

[powertrip]

Thanks for that.I posted a copy to SC&M and I also put a copy of my breakdown in with the original to the court as I have been reading on here that somebodys claim was struck out because they had not included a breakdown on thier online moneyclaim form (I didnt but dont know how you could do as there is little room)

 

I posted it last week. What should I exect to happen next? Do I get a date for court then pray they put an offer in before the day arrives?

[GaryH]

Your claim will go before a district judge for allocation. If SC&M have requested an extra month to reach settlement, which they inevitably do, nothing will happen for a month. It will then go back to the judge who will allocate your claim to the small claims track, allocate a court date, and issue directions. A settlement could come at any time in between all that, but I would say its very likely that you will get it within the next couple of weeks.

 

Please don't worry about court. There is no suggestion that Lloyds ever intend to take one of these cases all the way. Their defences just are'nt designed for a courtroom, they're designed solely to imtimidate - there is no way in a million years that a judge would accept the 'service charge' rubbish. Organisations have been attempting to hide penalty charges this way since the common law prohibition of default penaltys was established. Its called 'cloaking', and the courts are well aware of it.

 

As Reload said; 'be prepared', but don't let it worry you - a settlement will be on its way soon!

[powertrip]

I sent of my allocation questionaire and recieved a copy of the banks. On 12th Oct I recived a 'Standard Order for stay for settlement with consent of all parties'

 

The Local Judge has ordered that the claim is stayed until 12th Nov and lists a number of things that must happen before 26th Nov.These are either that settlement is agreed or either parties can request an extension of stay or that all parties file a completed allocation questionaire at court,

 

I am a little confused by the last option and just wondered if anyone has been at this stage and knows what happens next?

 

Thanks !

[powertrip]

I sent of my allocation questionaire and recieved a copy of the banks. On 12th Oct I recived a 'Standard Order for stay for settlement with consent of all parties'

 

The Local Judge has ordered that the claim is stayed until 12th Nov and lists a number of things that must happen before 26th Nov.These are either that settlement is agreed or either parties can request an extension of stay or that all parties file a completed allocation questionaire at court,

 

I am a little confused by the last option and just wondered if anyone has been at this stage and knows what happens next?

 

Thanks !

[powertrip]

Oops also

 

If I get paid out will I get interest from date of claim (July)

 

Thanks

[GaryH]

You should really get in contact with SC&M to see what they're proposals are for settlement - it was them who asked for the stay after all! Send this if you like, or something simular;

 

Dear Sir/Madam,

 

I write in relation to the above claim (put claim details at top of letter) and specifically the staying order placed upon it by the court on **/**/**.

 

You requested this stay to be ordered in the Allocation Questionnaire of the defendant, in order that a settlement is reached by way of negotiation. The court has subsequently acceded to your request and I am therefore inviting you to offer your proposal's for the settlement of these matters.

 

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 honourable court's order in such contempt as not to respond to this letter positively and in the manner in which your request for the stay has indicated.

As such, I will expect a response prior to the date set by the court, **/**/** informing me of how you intend to proceed.

 

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

 

Yours faithfully

[powertrip]

I sent the letter (copying to court) and still have heard NOTHING! The final date is Sunday. What happend if they dont do anything by that date? Are they in contempt?

[powertrip]

The final date for TSB to pay up is 26th Nov (the court awarded a stay as they said they needed an extra month) . I wrote to sols cc court last week with a "what do you intend to do letter"

 

What I dont know is how much am I likely to be offered as I started claim 10th July and presume interest will be added to my total amount claim:confused:

[GaryH]

Well no, not 'contempt' as such, but it is an abuse of the court process.

 

If I were you, I'd write to the district judge, via the court manager. State the facts - that pre-litigation Lloyds expressly stated they would not discuss the matter and responded to your complaint only by way of a standard letter. They then went on to request a stay to attempt settlement in their AQ. Since the stay was granted, they have not attempted to contact you and furthermore your attempts to contact them have not even been acknowledged. Although you should refrain from directly accusing them of anything, you can draw the inference that Lloyds are abusing the system and requested a stay solely as part of their attempts to wear you out, rather than out of a genuine intention to negotiate a settlement. Also you should refer to the fact that Lloyds have settled every claim so far of 100's and that in nearly every single one they delayed the process as much as they possibly could, in most cases not settling untill well after the AQ return date.

[powertrip]

I suppose theres always a small chance that they will pay at the 11th hour!!