Meteor58 vs LloydsTSB delaying tactics

[Meteor58]

Hi all,

 

Seems LTSB are a lot nastier in these claim proceedings than the other banks. I have just got a Court date set (Feb. 2007) for a less than £300 claim.

 

Question is this...When I wrote with the claim I was told by LTSB in the standard letter that "no further correspondance would be entered into", so I didn't give them a last chance letter, just started small claims stuff. Now they have filed their AQ saying that they want an extra month to resolve the issue before Court. That was several weeks ago and I've heard nothing from them (surprise!!). Should I bring these blatant delaying tactics to the Court's attention? Has anyone done this?

 

Sorry for the ramble...not happy about going to Court.

 

Meteor

 

NatWest settled £865

[jcd34]

I`m not up to this point just yet ( Aq due this week ) but from what i have read , once they ask for a stay to settle you should then write to SC&M basically inviting them to make you a settlement .seeing as thats what they are telling the court that they want the extra month for ! I know lots of people on here have had to do this and if you search a few threads you will find examples of letters to send .I fully intend to hassle them every 7 days once they ask for a stay when i do the AQ .Im sure someone will come along with more exact info soon .Keep going !

[Katel30uk]

Do what I did yesterday, I received a copy of their AQ saying the same thing, so I rang them (Sechiari Clark & Mitchell) and basically asked what was going on and were they going to settle? Straight away they said yes and then faxed a copy of the offer letter to me the same day (I had to push for this ). I've signed it and faxed it back today and rang them and they've said the money will be in my account in 7-10 working days.

[Meteor58]

Thanks for the info. jcd34 & Katel30uk. I plan to check details tomorrow and get on to SC&M asap.

 

Meteor58

[Katel30uk]

Good luck, let us know how you get on.

 

K x

[GaryH]

Meteor58,

 

Try this, then as Kate said follow it up with a phone call;

 

Dear Sir/Madam,

 

** 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 **/**/** 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.

 

I will therefore assume that your failure to contact me is merely an oversight. As this oversight has now been drawn to your attention, I will again await your proposals for the resolution of this matter and I trust this will come within the next 7 days. Should you not respond positively within this time, I will make representations directly to the judge dealing with this case and request that your conduct be investigated and dealt with accordingly.

 

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

 

Yours faithfully

Remember to send a copy to the court as well.

[Meteor58]

Thanks for that Gary, working on the letter now.

 

Meteor58

[Meteor58]

Hi Guys,

 

Been very busy of late earning a crust, but heres a quick update.

 

Letter sent to SC&M 30/11/06, followed up with phone calls 5/12 & 14/12. First call said "they had not had instruction from LTSB yet, but I would get a letter within a week", the second call said "Court haven't agreed to SC&M AQ and Court have set a date for hearing (early Feb. 2007)" He then went on to say that because the Court had rejected their "offer" to negotiate, SC&M would not be doing anything until the hearing!! Then, on 16/12, I got a letter from SC&M (dated 12/12) offering a settlement figure!!!

 

Two points arise from this... Does the left hand know what the right hand is doing at SC&M? Are they inefficient, incompotent or just liars??

 

Second, the settlement figures do not match my claim, the amount I claimed is £21 lower than their offer but the interest I am claiming is £48 higher?? I think they have mixed up my figures with another case. Has anyone else had this? I shall phone them tomorrow to clarify. (If that's possible with SC&M!!!)

 

Meteor58

[killsville]

Two points arise from this... Does the left hand know what the right hand is doing at SC&M? Are they inefficient, incompotent or just liars??

 

Just like Lloyds TSB, they are all three!

[Meteor58]

Hi Guys,

 

Found out why the offer is different from the claim... LTSB have taken the date that the court deemed them to have been served with the claim, rather than the date I originally wrote to them, therefore they have ignored the first two items because they were just over six years before that date. How petty is that!!!!

 

It means the offer is about £25 less than I originally claimed.

 

Meteor58

[upton11]

I guess it works both ways. They cannot lawfully enforce penalty clauses and we cannot claim back further than 6 years from date of issue. Don't let it spoil your victory though.

 

Enjoy your winnings and very well done to you

 

Regards

 

Paula

[Meteor58]

Thanks Paula

 

LTSB & SC&M have been nightmares with the way they have dragged this out. Although I am £25 down, they have still paid out £56 more than needed by not settling immediatly, plus they have had to pay SC&Ms fees!!!

 

About going back more than 6 years, I've found some holiday reading, see here

 

http://www.consumeractiongroup.co.uk/forum/legalities/50718-very-interesting-case-folks.html?highlight=more+than+six+years

 

Thanks for your support

 

Alan.

[upton11]

Interesting link - and a good point. I will have to read the case........... It would be a major shift to allow breach of contract claims go back further than 6 years..................... but who knows?

 

Regards

 

Paula

[Meteor58]

Hi Paula

 

I probably wouldn't have bothered too much about the over six years ago charges before, but the way LTSB are behaving they deserve to be pursued now. As I said, some holiday reading is needed!!

 

Good luck with your claim.

 

Alan.