kkatiew v Lloyds ***WON***

[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

[christinajanep]

kate, i dont understand why you would want to settle early, lloyds WILL pay up ALL your money, dont give in. stick to your guns.

[kkatiew]

Hi Christina,

 

I'm just getting a bit jittery I think. It looks like most people are getting they're refunds apart from me !

 

I am willing to stick with it though, if you think that will be best.

 

Kind Regards

 

Katie

[christinajanep]

everyone gets jittery kate and thats what the banks like, i'm due in court a week monday and would be lying if i said i wasnt a little worried, but i know that lloyds wont turn up and before then i'll have the refund sitting in my bank, stick with it, dont give up, there is huge amounts of support on here for u if u ever get worried or need advice, have a look at freebirds flight path (if u cant find it let me know and i'll send u the link) it makes fantastic reading and will give u the strength to carry it through

[Mindzai]

Yes dont give in and dont write to them showing you are nervous. Stick it out and they will settle. Even in the very unlikely case they go to court, they will still lose. Dont panic, this is exactly what their tactics are supposed to do. Dont be bullied by them!

[kkatiew]

Hi Christina & Mindzai,

 

Thanks for the support. I think that's what I needed a bit of reassurance.

 

Will keep you updated

 

Kind Regards

 

Katie

[lucid]

Hi Katie,

 

Although I don't want to cause disappoint it seems as though you've submitted your claim without adding a daily rate of interest.

 

The £234.40 you have included as 8% interest on your claim so far is the interest you earned on each charge up until the date you filed the claim. The particular are worded so that you then include a daily rate of interest to be added to your claim from the date it was filed until the end of the claim. The wording on the form is something like:

 

The Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from xxxx to xxxx, which is xxxx and continuing until payment or the date of judgement at a daily rate of xxxx.

If you have missed this then you ay be able to amend the claim by filling out an n244 but I think it costs money and I'm not sure about the process myself so you would have to get advise from somebody else.

 

But to answer your question the daily rate of interest would be calculated in the following way:

 

When you file your claim you need to work out the daily rate of interest to put on your form. So you start with the total amount of charges without any of the 8% interest added on, so as an example I'll use £100. So you take your total of £100 and multiply it by 8 then divide by 100, which gives you £8 - this is your annual rate of interest. To get the daily rate of interest you take the £8 (your annual rate) and divide it by 365 which gives you £0.02 - and this is what you would put on your claim form.

 

I hope that this helps. Lucid

[kkatiew]

Hi Lucid,

 

Thanks for explaining that. It's a bit clearer now. I have not added the daily interest to my claim then.

 

I'm claiming for £3046.50 + 243.40 + court costs

 

Does anyone think it's worth amending my claim and also how much it costs ?

 

By the maths below, I've worked out my daily interest as 0.66p

 

Thanks again

 

Katie

[kkatiew]

Hi Guys,

 

Are Lloyds TSB paying up pretty early on with claims which are quite low as in a couple of hundred pounds and leaving the 'biggies' till the death ?

I first started pursuing my charges on 14 June and am now at the stage of waiting for the court hearing (scheduled for 15 March). No offers forthcoming up to now... Damn !

[christinajanep]

sorry katie u may have a long wait, i'm due in court a week monday with no settlement as yet

[upton11]

I have a feeling you might be right. Like you I continue to wait................

Regards

 

Paula

[kkatiew]

It's a bugger init !! You feel within arms length of it. So near yet so far !

 

Let us know if you receive anything before your court date

 

Katie

[kkatiew]

Hi Everyone,

 

I sent my court bundle to SCM and the Court as per the order. The deadline was 4pm on 29 December. should I have received a copy from SCM by now ? The court date is scheduled for 15 March.

 

Kind Regards

 

Katie

[kippy2]

if the judge ordered the same for both parties re court bundle then yes you should have recieved yours by the date the judge gave! no surprise there then that you didnt recieve yours, i didnt on three!!! claims.... all banks are the same...none comply thinking they can mess the courts around...but what goes round comes round

[brian midgley]

Hi I never received either and you probably never will you can apply to the court to have the case struck out. but I called SC&M to ensure they had received mine and enquired about if I would receive the documents.

Initally they informed me that they hadn't received instruction from there client.

I then called today and asked if they had received instuctions from there clients after waiting I was told they had settled.

Still waiting for the money but looks like everything is sorted.

Maybe worth a quick call

[kkatiew]

Thanks guys,

 

I think I might just give them a call. Although when I phoned them last week, I was told that because my court date was 15 March, I probably wouldnt hear from them until maybe a week before. I don't want to appear weak either !! Do you think it's worth another phone call ?

 

Ta

 

Katie

[brian midgley]

they have not meet the court order so it is them in the wrong there are letters around to send to the court and info SC&M that they have failed to meet the court order and the ask for the defence to be struck out. I would personally call and inform them this if you get no joy send the letter

[kippy2]

but when is the bundle due in that is what the judge is ordering to start with...as he knows damn well they will settle. ive got a bundle to do by 25th jan and my case hearing isnt until april...local judge is lumping all cases in april know for a fact as have three cases to be heard in april.

 

usually with court bundles you have to give them in 14 days before hearing seems not in my case 25th jan hearing in 27th april ..judges are wising up thank god

[kkatiew]

Hi Brian

 

Thanks for the info.

 

Does anyone know where I can find the letters I can send to the court to say SCM have file to send me a copy of their bundle ?

 

Many thanks

 

Katie

[kippy2]

but when is the bundle due in that is what the judge is ordering to start with...as he knows damn well they will settle. ive got a bundle to do by 25th jan and my case hearing isnt until april...local judge is lumping all cases in april know for a fact as have three cases to be heard in april.

 

usually with court bundles you have to give them in 14 days before hearing seems not in my case 25th jan hearing in 27th april ..judges are wising up thank god

 

 

thanks just trying to help

[kippy2]

Hi Brian

 

Thanks for the info.

 

Does anyone know where I can find the letters I can send to the court to say SCM have file to send me a copy of their bundle ?

 

Many thanks

 

Katie

 

[brian midgley]

Katie just been looking for you have a look at this link think this is what you require.http://www.consumeractiongroup.co.uk/forum/lloyds-bank/22693-andy-ross-lloyds-4.html#post442294

[Andy Ross]

I was due my copy of the lloyds bundle on the 18th Dec, SCM never sent it, they told me they had no instructions, I wrote to the judge and asked for their evidence to be struck, I got a copy of a letter frm the court today, the judge has ordered SCm to provide the evidence by the 17th or he won't allow any witnesses etc on their side.

 

I got an offer from SCM on Friday

[GaryH]

Here you go, send this to the court and a copy to SC&M -

Dear Sir/Madam,

 

You -v- Lloyds TSB

Claim No:********

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated **/**/**.

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, on which it intends to rely at the forthcoming hearing.

 

I made a request of the defendant's solicitor by telephone on **/**/** to provide me with its documents. The Defendant informed me that it could not tell me when, or indeed if, I would be receiving its documents as it was "awaiting clients instructions".

 

I can confirm that my documents were filed on **/**/** and served to the Defendant on **/**/**.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully

[kkatiew]

Hi all,

 

Thanks for all your help and to Gary for the copy letter.

 

I will send that right now

 

Cheers

 

Katie