shazza26 v Lloyds

[GuidoT]

You will find the explanation here:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

[shazza26]

ok thanks

[shazza26]

HELP PLEASE

 

I need some help on filling out my AQ I received an N150. After reading all the information about the new directions for AQ and How to fill in the AQ im a bit stuck.

 

If ive understood it properly then I attach the directions to section F however when looking at section F there are two boxes that need to be filled in

 

Have you attached a list of the directions you think appopriate for the management of this claim to the I take it I tick yes ?

but the second question is where i have the query do I need to phone lloyds solictors to inform them about this or just tick NO

 

Sorry if this sounds like a stupid question but just dont want to get it wrong

[GuidoT]

You are spot on. Yes for attached directions and no not agreed with other party.

 

These questions are not stupid - you are doing fine.

[shazza26]

thanks you have been great. just sometimes I need a little guidance to make ure Im doing things right

 

thanks again

[shazza26]

OH MY GOD

 

Ive just spent all night filling in my AQ and just checked my lloyds account and there is £2004 been credit to my account. It is short of what I was asking for which is £2627.

 

My AQ is due back at the court by monday 5th could someone please advise what I do now as It my sound greedy but I still want the other £600 do I phone the solictors and ask for the rest can some one please advise as taking off the £120 court fees that means they have given me £1884

 

any advice please

[GuidoT]

That is good. Just carry on and file the AQ, as there is a shortfall - no greed going on, it is your money.

 

They should advise you how they have calculated the £2,004 in writing, although sometimes they do not. You can then decide the next steps from there.

[shazza26]

hi

 

Just to let you know have not received a letter yet telling me how they came to the £2004 figure so I phoned the solicitors where some woman took my details and I was told someone would ring back guess what I am still waiting for the return phone call anyway Ill be phoning again in the morning and if I get fobbed off again it will be down to the court with my AQ and my letter of rejection off to llyods.

[shazza26]

Any advice Please!!

 

received this letter of S&M this morning with regards to money going in to account.

 

we refer to the above matter and can confirm that our client will be settling in the above claim by crediting your bank account within the next three working days for the sum of £2004.11, a our client advises that they have already refunded £750.00 i to you bank account on 03/01/07. You are advised at this stage that by our client meeting your claim on this occasion, this is not to be treated in anyway as an admission of liability. This is merely an attempt to resolve the matter amicably between the parties concerned.

 

We therfore trust you shall write to the court to confirm that the claim has been settled once the funds have been received and provided this office with a copy of the letter for our clients records.

 

yours faithfully

 

S&M

 

My AQ has to be in today as deadline is Monday I have tried to ring them to find out how they have come to this figure as I have already deducted the £750 before the claim was but in which if they looked back on the letters I have sent them they would know this. Before £750 deduct the owed me £2520 which was the spreadsheet I sent them with LBA. Spreadsheet that went to them with N1 form was for £1775.00 plus £732.73 interest totalling £2507.73 then with £120 court fee on top that came to £2627.73 can anyone else work out how they have come to the £2004.11 figure cos I certainly cant and any advise what I should do next do I just take my AQ today?

 

Hope that all makes sense

[BARTY]

Hi

Have you claimed anything you weren't supposed to? Eg, service/account charges, all the overdraft interest. Have you claimed more than 6 years? I don't know what else it can be, hope you get it sorted.

Barty:)

[shazza26]

hi Barty

 

Thanks for replying I claimed for

 

overdfraft usage fee

unpaid DD fee

unpaid CHQ fee

unpaid S/O fee

 

that was all I claimed for I didnt add any thing else because I didnt want to mke things complicated for myself the only thing I can think is they are trying to get out of paying the 8% interest. this is the only thing i can think it could be will I stillbe able to go ahead for the outstanding I havent sent in my AQ yet i have had to wait know till very last minute because of this so Ill have to take it in now on Monday first thing as I have still not had a call back from S&M.

 

What do you think?

[shazza26]

can anyone please help with the above question?

[shazza26]

Hi

 

I have decided to send in AQ for the outstanding amount but can someone please help with regards to whether I inform the court or not that a part payment has been made and what sort of letter should I send to S&M with regards to accepting the payment as part settlement and informing them that they have callculated there figures wrong. Id just like a rough idea wht to put if possible as im not very good with legal things

[LEECHTHEBREACH]

I can,t quite understand your maths. If they owed you £2627 any they have paid you £750 surely they are offering you more than you have claimed for ?

[shazza26]

If it had been paid before I had started court proceedings then yes it would be more fine. But as I have already startd proceedings there is a short fall now off £618

 

First letter Sent was asking for charges to be paid back of £2520

 

Recieved payment of £750 this leaving a total to claim for of £1770

 

But then I commenced court proceedings with interest added on top

 

£1770 + £732.73intrest =£2502.73

 

plus £120 court Fee £2622.73

 

Then I recieved a payment of £2004.11

 

£2622.73 - £2004.11 = a short fall of £618.62

 

Can any one please give advice on what sort of letter I can right to the solicitors with that information obviously I do not want to slip up

thanks

[shazza26]

Sechiari, Clark & Mitchell

Department SO

PO Box 499

Upper Ground Floor

1-5 Queens Road Quandrant

Brighton

BN1 3XJ

 

In the Preston County Court

xxxxxxxxx-v-Lloyds TSB Plc

Claim Number: xxxxxxxx

 

Dear Sir/Madam

 

Thank you for your letter dated 27 February 2007.

 

The offer of payment contained in the letter is welcome, but only represents part settlement of my claim. Accordingly I have to decline the offer for the following reason.

 

With regards to your clients payment of £750 on the 3 January 2007 this sum was deducted from my claim before I filed in court. The original balance was £2520 I have enclosed a copy of the schedule of charges that were sent to your client before court proceedings where issued. Please also find enclosed a copy of the charges schedule which you will have also received when my claim was filed with Preston county court. I hope this will clarify the situation with regards to the £750 part payment.

 

Whilst your clients have offered the total amount of charges and costs, i.e. £2754.11 the amount of interest added to my claim, i.e. £732.73 as at (date of claim) has not been included. The amount of interest has since increased by £00.39 per day and now stands at £751.06. This must be added to the sum already offered to provide a total settlement amount of £3491.06.This is the only amount acceptable to me.

 

Please convey this response to your clients and tell them that I look forward to receiving their revised offer in the very near future. Until such time as a revised offer is received, the claim will continue as dictated by court procedure.

 

 

this is the letter I have wrote to send to SCM with regards to the £2004.11 payment does anyone think I need to add anything also what ould I need to add to my AQ to inform the court that this payment has been made

[GaryH]

Yes, thats fine - good job.

 

In section D of the N150, put the amount in dispute as the new amount outstanding after the refunds.

 

In section H, just add something like;

 

The defendent has made 2 part-payments in respect of this claim. On **/**/** a credit to my bank account was made in the sum of £750, and on **/**/** a further credit was made in the sum of £***. The Claimant understands that the Defendent may have intended this further sum to represent a settlement of the total value of this claim. However, this leaves an outstanding sum of £***, which the Claimant wishes to pursue. I have written to the Defendent to invite it to clarify its position or to make further payment in order that a full settlement may be reached. Please find attached a copy of the letter to which I refer.

and attach a copy of your letter to SC&M.

[shazza26]

Thanks gary for your reply

 

I struggled yesterday and Had to go out so I was not able to receive your reply. My dead line was for today I was pushing it fine I know

 

Anyway I had already filled in my AQ when I received payment So I have taken a bit of a gamble and just added on to section H that the defendant had made a part payment of £2004.11 and that there was stll and oustanding balance of £xxx.xx left to pay.

 

If this is not good enough do you think I should write a letter to the court and take it in tommorow and ask it to be attached to my AQ.

 

This just goes to show how incompetant llyods and there solicitors are, had they of passed on previous correspondence to SCM this would not be the case now as they would have known that £750 had been deducted before court proceedings.

 

I hope other people do not have the same problem as there was alot of us who received £750 around the same time

[GaryH]

Should be fine - although the court will actually allow you to add to or amend it if you wanted to.