kkatiew v Lloyds ***WON***

[GaryH]

If it got as far as court then you'd need them. Luckily, as we all know the chances of that happening are miniscule. Just send your bundle in without them, I can't see that you have any other choice.

 

You need everything from the court bundle in the templates, all correspondance between you and Lloyds, your statements or account information, a schedule, the McNamara interview (templates - soundfiles) and edit this to suit your claim and add it to your bundle too - GaryH v Lloyds TSB - WON !! UNCONDITIONALLY !!!!.

 

You need 3 copies of everything. File one at the court, serve one to Lloyds sols and keep one for yourself (this should include the originals).

 

Get this all off and then ring SC&M and ask where their documents are. They should then say that the settlement is in the post.

[Notty]

Is the court bundle the same if the account is a business account?

[kkatiew]

Many thanks for all the info....

 

I could kick myself that I've not kept the letters but hey, i'll send evertything else

 

Cheers and thanks

[GaryH]

Good luck kkatiew, keep us informed;)

 

Is the court bundle the same if the account is a business account?

 

Yes... EXCEPT, you cannot include the consumer law statutes - ie the UTCCR and UCTA. These are not relevant to business claims and cannot be refered to. Seek further advice if need be.

[kkatiew]

Hi,Everyone,

 

I have filed my documents at court and sent a copy to SC&M. I called SC&M to see if they had received my set on 22 December and was told that they couldn't find my file. I called again later on and was asked why I was calling. I said it was to make sure that they had received my copy of documents and was told I should'nt be ringing them and not to ring again ! Does this seem the norm ?

 

Thanks Katiew

[breadline]

HI Katie

I had trouble with SCM i think the problem sits with to many employees and not many know what they are doing.

 

I requested had my letter been received, i was told they will reply when they are ready and yes they had my letter.

 

i rang again in 1 week and my file was checked and the letter had not been received.

 

I was then advised by this employee, you have to request that the person taking your call actually physically checks your file, there are no computer updates that they can click on to see at the desk.

 

Regarding your telephone call I was never told i shouldn't be calling, i would start to take the name and date and time of whom you talk to.

 

Also did you send all your papers recorded delivery if they have been signed for then they are received. You have done your job fine, if they loose them as they had mine its their problem. Just keep all postage proof.

 

BL:)

[kkatiew]

Hi BL,

 

Many thanks for your reply. I did send the documents by special delivery so I've just been told tht I can check this online for delivery details. Hopefully I should receive a settlement offer soon, (fingers crossed)

 

Kind Regards

 

Katie

[Andy Ross]

When i sent my bundle I called to see if they had it, I was told they couldn't find my file and someone would call me back, I waited 2 days and called again, they said they had my bundle and were awaiting instructions. I called on the deadline and asked where their bundle was and they told me they couldn't fine my file. I rang back 2 days later and they said they hadn't sent their defence bundle as they were awaiting instructions. I faxed and posted a copy of a letter I put into the court requesting theat their defence is struck out as they haven't complied with the court order etc. When I called to see if they had it they said yes butthey weren't sending a bundle as they had no instructions from their client and what I did next was up to me!.

[kkatiew]

Hi andy,

 

So where does that leave you then. Does that mean that you have won your case as they have failed to send in the correspondance ?

It seems to me they don't know what they're doing half the time.

 

Kind Regards

 

Katie

[jonni2bad]

7 threads merged. Please keep all Lloyds claim details in this thread....

[Andy Ross]

Well, I think that thejudge will threaten to have their defence struck out because they haven't sent anything to the court either, I am thinking they will offer to settle sometime in the next week.

[kkatiew]

Hi Everyone,

 

I'm just going to ring SC&M to check that they received copies of my documents. Does anyone have a direct line to the department I need ?

 

Many thanks

 

Katie

[upton11]

All i have is the number on the letterhead :- 01273 205381.

 

Good luck - i rang yesterday to confirm the same matter and they said they could not discuss such things as they were too busy......

 

 

Regards

 

Paula

[kkatiew]

Many thanks, I've got that one and got the same response but i'll try it again today !

[mollymoo]

Mr Thomas seems to be the person that most people deal with. Including myself.

He is very elusive however.

Did you post or fax the documents??

Fax is so much quicker as they do not get to open their post until a good week after it is sent to them.

When they offered me my settlement, i returned the signed form by post. After a week i had heard nothing so phoned up to see what was happening. I was told that they did not know the whereabouts of my form as mr thomas was on holiday. i spoke to a Miss Lewis who told me that if i faxed a copy she would see if she could do anything. i did so and I had the money the next day!

[christinajanep]

i wouldnt bother wasting your phone bill, they will not disguss anything with you, i'm due in court on the 15th and have received no evidence from them at all, all they say is your files not there and cant help u,

[Da2K]

i wouldnt bother wasting your phone bill, they will not disguss anything with you, i'm due in court on the 15th and have received no evidence from them at all, all they say is your files not there and cant help u,

 

I just rang them and they said almost exactly the same thing, basically they're too busy to look at individual cases. Are the people manning the phones actually legal professionals? They might as well just open a call center in India!

[christinajanep]

no there not legal professionals, as i have already asked and they just handle calls, my father in law was senior partner of a local lawyers and a well respected member of the law society, he knows of them and basically they are just lloyds employees, nothing more and no no better,

[kkatiew]

Hi Molly,

 

I posted my documents by Special Delivery. Although I have had a look on the Royal Mail website and it does say they have been delivered, I just wanted to speak with someone regarding a settlement as it seems if you badger them a settlement seems to appear !

 

Do you suggest that I fax them then ? If so, have you got a fax number I could use?

 

Many thanks

 

Katie

[kkatiew]

Hi Everyone,

 

I am awaiting my court date, scheduled for 15 March and always like to have a scout round to see what everyone else is up to. I've been hearing a lot about contractual interest, what is this ? I am claiming the 8% only, is this something I need to know about.

 

Kind Regards

 

Katie

[BARTY]

Hi

Fax number is: 01273 745356

 

Good luck!

Barty:)

[kkatiew]

Thanks Barty !

 

If I send a fax off tomorrow, shall I address it for the attention of this Miss Lewis and see what happens or shall I just address it to 'to whom it may concern' ?

 

Thanks

[lucid]

Hi Katie,

 

If your claim is for 8% statutory interest then it's too late to consider contractual interest now. But in case you have any future claims you will find two very long threads on contractual interest in the General forum:

 

Why is no one claiming the contractual rate of interest? and A New Way of Looking at Interest.

 

But basically contractual interest is a new idea for claiming interest on the basis that it is present in the contract. For example the bank charge you a high rate of interest when you go into unauthorised overdraft so why shouldn't you be able to charge them a high rate of interest for taking the charges that you didn't authorise them to take?

 

It's a pretty untested area but soon here should be quite a few cases resolved that have gone for contractual interest - ours included (link in sig).

 

Lucid

[kkatiew]

Hi Lucid,

 

Thanks for that.

 

It's handy to know for next time.

 

Kind Regards

 

Katie

[kkatiew]

Hi,

 

While i'm on the subject of interest, I was just looking at the link by Louisemounsey Advised by SCM to ask for early settlement . She has put together a letter to SCM to enquire about an early settlement. This extract.....

 

My initial claim was for £217.09 plus court costs of £30 and a daily interest rate of 0.042%.

 

I would be prepared to accept a settlement of £231.98. This is the total of the initial claim, the court fee and the interest to date.

 

I am going to copy the letter and add my own information but I am getting a bit confused with interest, daily rate etc. The charges I am claiming for are 3046.50 plus 243.40 8% which totals 3289.90. I will add the 230.00 court costs but am not sure what my daily rate is and when it should be applied from.

Hope someone can help !!

Kind Regards

Katie