SCM and claims beyond 6 years / limitations act 1980

[quincy]

I tried to call SCM today and spoke to the same helpful (?) person who always seems to answer my calls (at least they've removed him from the greeting message).

I was asking as to why I’ve not received any documents at all despite us meeting in court next Tuesday.

 

I was told that Mr Thomas was too busy to speak and the department dealing with these cases was also too busy - i asked that a message be left for them to call back. When i explained it was due lack of any documents from LLoyds/SCM he said it's "probably because we don't intend to rely on any - we don't need to".

 

Why would they not need documents?

 

They haven't called back by the way - and i'm not going to chase them.

[quincy]

Received a letter from SCM today with a copy of their letter to the court and a cheque. I'll post full info overnight - but in brief, the cheque is in full settlement of my claim - I think!

 

Should it have included the Data Protection Act fee?

 

Also as most of my charges are over 6 years old the interest is not a small amount unless I’ve made a large mistake with the spreadsheet!

 

Can someone please confirm that, for example a charge for

£7 levied to me on 23/04/1996 with that being 4070 days since - would have accrued £6.27 interest? (At 8% apr)

They’ve given me approx £60 in total for £787 of charges using 8% for 336 days (where 336 came from I’ve no idea!)

 

So the total is (again approx - I’ll correct this later) £987 when I’m thinking it should have been around £1400 Inc court fee.

 

The other letter is to the court saying they have settled and they will not be attending the court on Tuesday.

I’ve tried to call them all afternoon but they're "too busy" and no- one called back.

 

As I said I’ll post proper numbers and the letters in a few hours (on a night shift tonight).

[quincy]

Ok - I’m still awake! Here’s the first letter from SCM:

 

We refer to the Small claims hearing due to be heard on 19th June and confirm that our client has advised us they will be settling the above claim in full.

 

In light of this we enclose our clients; cheque in the sum of £987.74 in settlement of this claim together with a copy of our letter sent to the court for your information.

 

Please be advised that by our client settling this claim is not to be treated in any way as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerned.

 

We therefore trust you will write to the court to confirm our claim has been settled and provide this office with a copy for our records.

 

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The next letter (to the court) reads:

 

We refer to the hearing due to be heard June 19th.

 

Our client has advised that in order to avoid further costs in this matter they will be settling the claimant’s claim in full, and in the circumstances we would ask for the hearing to be vacated.

 

With this in mind a personal cheque has been sent to the claimant for £987.74 which is calculated as follows:

 

Amount of claim £847.26

Court fee £ 80

Interest at 8% (£0.18 pence *336 days) £60.48

 

Total £987.74

 

 

In light of the above our client will not be represented at the small claims hearing and we would respectfully request these proceedings be marked as settled.

 

We enclose copies etc etc

 

 

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The claim before interest was for £784.50

Plus the court fee £80

And Data Protection Act fee?

And interest which I calculated to be £531.84 so far (bearing in mind the fees started back in 1996).

 

Have I made a big mistake in the interest (it’s very possible!) Where does 336 days come from?

 

What do you guys think?

[anyoldnamewilldo]

Looks quite good,but they seem to be trying it on still with the interest,can you take advice on your interest calculation? Really depends on if your happy with the amount (or is that blasphemy) Well done you though after all this is Lloyds we're talking about and more than 6 years.

[bram stoker]

Personally I would accept. 8% is always at the judge's discretion. If you feel you are entitled to the correct amount of interest and wish to continue, I'm happy to check over your figures.

 

Did you send a breakdown of the figures and interest? What was on your claim? Please send your schedule to me at [email protected] if you like and I'll take a look.