TALLING Vs LLOYDS TSB *****WON*****

[curlychic]

Have just been reading through my paperwork and noticed that the

'Last date for filing the AQ is 16.04.2007 (Monday)

Didnt really notice that before because as as soon as i get stuff through the post I deal with it immediatley, rather than pussy foot about...lol

I am guessing that i should therefore hear something soon after.

Good luck with your claim Remus. What is the final date on your AQ ?

[GuidoT]

OK thanks Lucid

 

 

Can i ask you another question....

 

Sent my AQ back almost 2 weeks ago now, but havent heard anything. What is the timeframe at this stage ?

 

 

Do you think i should i ring the court on Monday ?

 

The court staff are fine to speak to, but you are a bit premature. Maybe phone them at the end of the month. When you speak to them ask if they have SCM's AQ and if they have asked for a one month stay.

 

If they have asked for a stay let us know and we will tell you what to do in an effort to prevent the stay. As SCM do not send you their AQ you do not know the stay has been requested until after it is too late and the court grant it - devious.

 

SCM asked for a stay with mine and obtained one, this prolonged matters and three months passed before I got a hearing date from the latest date of filing the AQ. See my post 58 onwards http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-3.html

 

Notwithstanding, although it can be a bit random sometimes, Lloyds usually settle in full around this time, i.e. if you are not claiming pre 6 years charges or CI.

[curlychic]

Hi Guido, thanks for that.

 

Just had a read of your thread. I agree that is very devious

 

I sent my AQ off just before all the extra stuff on 'preventing a stay' was advised

 

It amazes me that although my claim is only small they still make you tow the line. Hopefully the stay will be avoided as you mentioned before, as i am only claiming for the last 4 years (when opened account) and not going for the CI. We shall see eh....

 

I do agree that phoning the court is a little premature at the moment. I hadnt even noticed that there was a final date set out on the AQ, so i take it SC&M have until that date to get there AQ in as well.

 

I have to say that the court i am dealing with have been on the ball so far (which one would expect really) so i will wait it out a bit longer before contacting them to find out if a stay has been granted.

 

Thanks again XxXxX

[remus]

Hi Curlychic, my AQ had to be in by the 5th April, turned up at the court at 2pm, and they had all gone off on easter hols.

Rang court on the tuesday, as I needed copies of page 3 (ran out of ink!), and nice man happened to mention that he had the [problem] AQ, I had attached letter re stays, so hope this works in my favour, still waiting:rolleyes:

[mango22]

It appears the SC&M are playing different games - My AQ was due 14th April and I have received a letter from SC&M offering a final settlement (incorrectly added at that). However, they have added some conditions to them.

 

Bina

[curlychic]

Ummmmmmmmm thats the second person who i know SC&M have written to offering settlement....with a confidentiality clause i am guessing ?

Not sure i like the idea of these clauses......there is NO WAY i will be excepting a settlement with clauses attached.

If this is the way SC&M are operating at the moment, perhaps we should be looking into the way to respond to such clauses.

They aint havin no ties on me.....lol

[mango22]

Yep, I got the confidential one but also the please book an appointment with your bank manager to review your account..'

 

As if... they got me into this blinking mess!!!!

[curlychic]

Still no news

Strange, when others on here, who sent their AQ's in at the same time, have been offered settlement by SC&M

:-|

[GuidoT]

It can be a bit random sometimes, however one things is nearly always certain, they settle eventually.

[curlychic]

OOOOOOOOOOOOO how exciting.....I just turned into a

 

'Classic Account Customer'......lol

 

Kooooooooooooool

 

[remus]

I'm still waiting:p

[dolly]

My claim was submitted before yours, AQ was dispensed with and I have heard nothing from SCM either

[cb1976]

Is this claim only for approx £400? Can't believe it has gone this far?!

[curlychic]

Yep .... Claim is only for £460 !

[curlychic]

Couldnt resist ..... Just phoned the court and spoke to a lovely lady, who explained to me that my case has recently come back from the Judge and i will be recieving a hearing date shortly.

Looks like SC&M are going to follow my case through to the bitter end, even though they know they will have to pay up regardless of it being sooner or later.

:lol:

Gotta laugh .... I am not in any hurry for the money and the longer it takes the more interest i will accrue ... surely they have realised this or perhaps 'good old' (yeah right) SC&M are enjoying all the extra money they are being paid and therefore it pays them to drag their heals.

Lets face it ... I know i am going to get my money back and they know they will have to give me my money back.

[curlychic]

OMG . . . . I HAVE WON !!

I have just recieved two letters from SC&M.

One being a letter of full settlement (with confidentiality clause)

And the other being a letter requesting that i arrange to meet with my bank manager.

I AM IN SHOCK.....SOMEONE PINCH ME

:o

[remus]

CONGRATULATIONS curlychic:D :D Way to go, consider yourself pinched:cool:

[BARTY]

Congratulations!!! :D

Barty:)

[nicsussex]

Congratulations - well done

[curlychic]

Thanks everyone

Still need a bit more advise though.

Now that i have been offered a settlement (with clauses) what do you think is the best route to take ?

i.e. Shall i just cross out the canfidentiality clause, sign and except. Or should i send a non exceptance letter, explaining that i will ONLY except the settlement with no clauses attached ?

The thing is i still have a loan and o/d with them and dont want this to bite me in the bum at a later date (if you know what i mean)

I also need some advice about claiming costs ? Can i still do this even though they are offering settlement ? and if so how should i go about it ?

XxXxX

[nicsussex]

Have a look at this

 

http://www.consumeractiongroup.co.uk/forum/bank-charges-print/85829-beebweb-judge-attacks-time.html

[curlychic]

Thanks for that nicsussex, that looks promising.

Are there any template letters about ? and how do i go about calculating the costs ??

Also what do you think i should do in regards to excepting settlement ? (see my last post)

[nicsussex]

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs.html

[curlychic]

This is the letter i intend to send alongside my signed copy of the settlement offer.

 

Advice welcomed........

 

I am hereby returning a signed copy of your settlement offer dated 23rd April 2007, the contents of which I have noted, in particular your defence that my claim for repayment of ‘fee’s’, not ‘penalty charges’ as I have submitted to the Court, is misconceived.

 

To date no Court in this land has been given the opportunity to decide, in the eyes of the Law, whether misconception is indeed the case, the Legal Basis for my Claim was, therefore, correct.

 

In relation to the terms you have attempted to impose to the settlement, if you are confident in the legitimacy of your defence, I see neither a legal necessity for a confidentiality term, nor any reason to request one. I am completely unwilling to relinquish my right to free speech and consider your Clients attempt to enforce such a term extremely arrogant. I, therefore, absolutely and completely refuse to comply with any such confidentiality agreement and as such have removed this from your list of terms, prior to signing.

 

I would like to take this opportunity to remind you that I am bringing action against your Client, not vice versa. It is your Client that has decided to settle this matter outside of Court and as such they have absolutely no right to impose conditions upon the offer of settlement.

 

 

I notice that you have given me a period of 14 days in which to accept your Clients offer of settlement. I see this, in the eyes of the law, as a reasonable timescale in which to except such offer.

 

I reciprocate this and therefore request that the amount of £***.** as offered in your Clients settlement statement, be paid into my account ******* within 21 days. If your Client fails to comply within 21 days then I shall have no option than to continue with the Court action.

 

 

 

Am i pushing my luck ??

 

[nicsussex]

Sounds good to me