Hi Remember Me? Youngs Vs Lloyds TSB

[GuidoT]

I presume you mean N150 and not N140.

 

Probably yet another mistake. The court admin is not good generally.

 

Ask the court about this too, they are likely to confirm no AQ, but to pay the fee.

[Bev77]

Well after talking to the court, they have said that although the judge at Northampton initially dispensed with the AQ, all the cases that have been transferred from there have gone before the judge for him to decide what next. He has decided that there should be an AQ, I guess he just wants more information?

 

I asked about the N150, and she said that there isn't much difference, but she will send out an N149 anyway.

 

Ooh, getting nervous now!

 

On a different note, does anyone know how we stand with regards to the bank account? It has gone into default and we have no bank card, plus the internet banking has been cancelled. There's no way we can access the account, to check if the money has been paid in or not.

[GuidoT]

The N149 is simpler to complete, there is an electronic copy in the link below, fill in this and post to the court along with the new strategy order:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

.

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Cannot advise on your last paragraph.

[Bev77]

Thanks Guido. I might just pop down to the court and pick up an N149, getting a little worried about the N150, and some of the questions on there!

 

Thanks for the links.

[GuidoT]

No need here is N149:

http://www.hmcourts-service.gov.uk/cms/files/n149_web_1105.pdf

[Bev77]

Well I'm going to file my AQ at the court tomorrow along with my £100 fee. Just need some quick advice on it please.

 

I've followed the guide to completion of the AQ to the dot.

But....In the section Other Information G I've put this, could someone just ok it for me please?

 

"I believe this case should last no longer than 1 hour.

 

I have attached a Draft order for Directions for your consideration. I believe this will bring a speedy end to this Litigation. This Draft Order was devised by the Mercantile Courts for a similar case."

[GuidoT]

This is better:

 

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objectives to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expeditiously.

- The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

- In the event that the Defendant’s charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.'

[Bev77]

Thanks once again. I now just gotta fit it all in

[Bev77]

Off to file my AQ in the morning. Anyone know if you file it early, does that mean the case will get seen to quicker? Or will still take the same length of time?

 

Also would appreciate any ideas re last paragraph of post #52

 

Cheers

Bev

[BARTY]

Hi

I don't think it would make too much difference as to when you get your AQ in.

Not sure about your other query, maybe register for phone banking??

 

Barty:)

[Bev77]

Hi Barty,

 

The telephone banking has been cancelled as well, there is quite literally no way we can access the account. Anyway...

 

I received a letter from SC&M this morning, REQUEST FOR FURTHER INFORMATION. Their client is 'minded to enter settlement negotiations' but 'there appears to be a discrepancy in what you are seeking'

 

I need to provide them with the following information:-

1. Each and every individual amount of the charge that you are claiming and are disputing;

2. The date of each and every charge that you say was deducted from your account;

3. How you calculate any interest;

4. How you calculate the sum

5. Confirm your sort code and account number.

 

I take it this is just another delaying tactic as they have at least 2 copies of my Schedule of Charges. Do I just send them another copy, and should I include a letter with it? Can I put in the letter that the amount will now be more, as the interest is going on daily? So calculate what it is of mondays date, then say the daily interest rate is xx whatever it is. I think now would be a good time to put the accout number and sort code down, but to say that the account is now closed and payment would be requested by way of a cheque or something similar?

[BARTY]

Hi

Yes send them what they are asking for and mention about the cheque on your letter.

Barty:)

[Bev77]

Thanks Barty, another quick Q. I'm just typing out my reply to them, and mentioning that the sum has now changed due to the daily interest rate. Should I also include all court fees, as they have not included them in their total? Ie. the original filing fee of £120, plus the AQ fee of £100?

[GuidoT]

Yes you can, but show a breakdown, although a letter for a different purpose have a look here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/58470-guidot-abbey-abuse-strike.html#post774654

[Bev77]

Re: Young - v – LLOYDS TSB

Claim No: 7QZ59735

RE: Request for further information

Thank you for your letter dated 26th June 2007. Although I have previously sent you several copies of my Schedule of Charges, I would be happy to send you a further copy, which highlights the information you are requesting.

Namely;

• Each and every individual amount of the charge that I am claiming;
  
• The date of each and every charge that was deducted from my account;
  
• How the interest is calculated;
  
• How I came to the figure of £X,XXX.XX.

Although please bear in mind, this figure will now have been raised due to the daily interest that is accruing. For your calculations, the daily interest rate is £0.XXp. There are also the court fees to be added, (£120 filing fee + £100 AQ fee) and the total figure now stands at £X,XXX.XX as of today, 02nd July 2007.

As the account is no longer open, I would appreciate payment by way of cheque.

 

This is what I have so far, what do you think? Sound ok?

[GuidoT]

Try this, the difficulty I have with your letter is that is does not say that it is attaching the schedule of charges and that is the reason why SCM wrote the letter:

 

'I am in receipt of your letter dated x and respond below.

 

Although I have previously forwarded the information you now request, I enclose a further copy of the my Schedule of Charges that answers points 1 to 3 inclusive of your letter.

 

The schedule attached also answers point 4, however the total has increased to £ , i.e. the daily interest rate is £0.XXp, plus court fees, (£120 filing fee + £100 AQ fee).

Regarding point 5, I confirm that my account no is x and sort x.

 

As the account is closed, I look forward to receiving settlement of the above by cheque.'

[Bev77]

Thanks, that reads better

[Bev77]

Right, I finally got around to filing my AQ today! I'm now £100 lighter as well. I guess it depends on the court's backlog now doesn't it? And what the Judge says.

 

Do you think it's likely that SCM will send a settlement offer, or is their letter just to show that they have tried to come to an agreement?

 

Also, I sent a reply back to them, but forgot to include my SoC, So I re-printed the letter and included the SoC and sent that today. It won't make any difference will it?

[Bev77]

Just rang the Court to find out the state of play, and they have received both sides AQ's, so now it's just waiting to go before a Judge. The guy said that I should hear something hopefully by the end of next week.

 

I take it that'll either be the Judge asking for a prelim hearing, a proper date to go to court or (in the very best hope) thrown it out of court, and ordered LTSB to pay up .

 

What do you think the chance are of hearing from SCM before I hear from the court again?

[Bev77]

What is a listing?

 

I've just spoken to the court and they said that it is still with the Judge awaiting his directions, and if he decides on a listing, they are running really behind with them. They are now into next year. I soooo hope that's not what is going to happen with my case!

[Bev77]

I'm getting fed up of all this waiting now. I really feel like throwing in the towel. I started Mcol proceedings on 26th April. It's now nearly 3 months later and have still heard nothing, and if my fears are correct, the case won't be heard until next year now. ffs! I knew this wasn't going to be an easy win, but I did't expect it to last so long. Especially when I read other threads that have been settled way before mine. There's nothing special about mine, so why is it taking so long? It is really frustrating and disheartening.

[dolly]

Aaw Bev, we are the same - 7mths on and nothing. Our court date is 22nd August so only another month to go, but I bet the way things are going you get your settlement before me.

[Bev77]

I doubt it Dolly, at least you have a court date! It just seems as though mine has come to a complete standstill.

 

Will keep my fingers crossed for you and keep an eye out for your **WON** post!

[Bev77]

I'm thinking of sending a 'nudge' letter, as suggested in another thread. New---after 28 Days - Maybe No Aq!!!!!!!

 

I know I've had to file an AQ, but I'll tweak it to say that I've spoken to the court and they are not expecting a court date befoer the end of this year, and that it would be in their best interest to settle early, as it'll cost them more if they wait till the court date. And mention that the amount is raising by £0.84p per day due to the interest charge, and there will obviously be at least another 5 months worth of interest to go on top of the original amount. What do you think?

[christinajanep]

guys i am in the same boat, i started my claim last year and still havent had a settlement even though lloyds were issued with a disclosure notice, and like u bev i seriously felt likle giving in last week.

 

ur on the last leg now so just hold on that bit longer:D