time4action v Lloyds TSB ***WON***

[Michael Browne]

(I take it this is the court bundle that I have to prepare?)

 

Yes See here:

 

Court Bundle

Basic Court Bundle

Court Bundle - Examples of Witness Statement, Document list etc

Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary

 

So what happens about what I have just submitted

It will be added to your claim file

 

and why have they made this decision without considering it?

 

It would still have been the same decision

[time4action]

WON!!!!

With slight complication

 

Received this letter today from ****:

 

'We refer to the above matter and confirm that our Client will be settling your claim within five working days by depositing the sum of £1056.34 (inclusive of interest and fees), into your Bank Account.

You are advised at this stage that by our Client meeting your Claim on this occasion, this is not to be treated in any way as an admission of liablility. This is merely an attempt to resolve the matter amicably between the parties concerned.

We therefore trust you shall write to the Horsham County Court to confirm that the claim has been settled once the funds have been received and provide this office with a copy of the letter for our Client's records.

 

You may note from previous posts on this thread that when I originally submitted my court claim I calculated the interest wrongly applying flat 8% interest instead of contractual and swindled myself out of about £150 in the process! I had already received a General Form of Judgment or Order from the court basically requesting I resubmit my Schedule of Charges so I did so showing the new amended interest amount and submitted a covering letter pointing out that I had specified in my original claim that I was claiming s.69 County Courts Act interest but had merely calculated the amount wrong. This was copied to both the Court and ****. The day after I posted it I received notification from the Court that the claim had been allocated to the Small Claims Track and I should prepare my paperwork for my defense. They obviously sent the notification out before they received my new Schedule of Charges and since then I have received nothing from them to say that it has not been accepted.

 

I called **** today and pointed out that I had resubmitted my Schedule of Charges with an updated interest amount and copied it to themselves and the Court. I also told them that the Court had not rejected my new Schedule (technically true as they have not contacted me) and that they actually needed to pay me £1198.12. The chap I spoke to at **** said this had probably been forwarded onto Lloyds and as they had agreed to settle the claim 'they would probably pay the additional amount'.

 

Technically it's my own fault for putting the wrong amount and if I am honest I am quite relieved it's been settled without the ordeal of going to court. Do I take the pain and accept what they have offered as it was my mistake? Or should I write and say I will accept the offer providing they pay the full amount as per my updated Schedule? If I do this will the Court stick it's oar in and say 'hang on you can't change the amount of your claim'. Advice please?

[time4action]

Oh dear - not been on the forum for a few days and just been reading all the posts on here about Lloyds having just won their first case .

Perhaps I should just take what they've offered and run - after all the interest thing was my mistake anyway and they have paid out most of what I wanted!

[time4action]

Trying to keep this at the top so some one will reply to me on my query above - please?

[BARTY]

Hi

If it was me, I would take the money that they have offered, but it's your decision.

Congratulations by the way!! :D

Barty:)

[jodesbailey]

congratulations:)

[nicsussex]

Do you really want all the hassle of a CI case for £150?

 

Well done by the way

[GaryH]

If they have paid you the full amount as stated on the claim form plus the daily rate of interest plus fee's, then you should take it.

 

Submitting an amended schedule does not amend the value of the claim - you can only do that with a formal application.

 

Besides, you didn't "diddle yourself out of £150" by not claiming CI - you actually potentially saved yourself a court appearance.

 

Well done. I've changed your title to WON for you.

[curlychic]

CONGRATULATIONS !!

:-D

xXxXx

(I agree with the others ... except it)

[kfdh1962]

same as ..i agree with the others...you can only ammend the claim submitting an N244 @ £35... and then there is no guarantee the judge will allow it.... im doing that myself now for approx £900 as i failed to transfer all of the figures in the POC to the summary boxes!!! DOH !! and its a lot of extra hassle...for £150 i would leave it and take what you have!!

 

 

well done and congratulations

[time4action]

Thanks for the advice everyone! Yes I agree I have accepted the offer - I am quite happy as I have just got a grand in my pocket that I wasn't sure I was going to get and avoided going to court to get it!

 

Time4action

 

DPA letter sent 15th December 06

Bank claim and Schedule of Charges sent 23rd February 07

LBA sent 13th March 07

Court Claim through MCOL issued 30th March 07

Allocation to Small Claims Track 9th May 07

Lloyds settle in full out of court 15th May 07

[jonjonlyn]

anyone had the 750 refunded and then went for the rest and won it ? congrts in winning bu the way well done just got 980 from rbs for my husband but lloyds is messing me about