Charged AFTER Settlement of Claim

[nathal]

Dear

 

Claim Number

 

You have not filed a defence for claim number XXXXXXXX (Town/City) County Court, and the time to file a defence has now passed.

 

I am writing to give you one final opportunity to make full payment of (£ amount)

 

If I have not received payment in full by 4pm (date - seven days hence) I will enter Judgement in default.

 

Yours sincerely

di you send this to the solicitors

[k23d26]

Hi Nathal, I have already done the judgement part and no, I didn't send a letter beforehand. They know what's happening (or should do) better than me. I was on holiday prior to that and I was expecting them to ask for a stay so I waited for 9 days before entering judgement. The next step is the warrant but I have sent the above letter to give them one final opportunity to at least acknowledge me before that happens! Don't know if I'll get any joy though!

Hugs,

Tra X

[k23d26]

Hi, I used Money Claim Online but didn't attach the schedule of charges as there was not enough room. I didn't send it on to the county court but did send it on to solicitor's at a much later date. Will this matter?

[kingliam]

No, the court will ask you to provide one, if a date is set.

[k23d26]

After all of the above steps, and after waiting for a week after entering judgement I thought I'd give the solicitors a little more time before issuing a warrant so I wrote them the above letter giving them an extra week before such action and sent it off recorded delivery which they received.

Still not heard anything so I gave them a call today.

Guess what? They say that they DID file a defence online but they also say that there must have been a fault with the system because lo-and-behold, it didn't show that it had gone through! I've never heard such nonsense. Everything I've entered on Money Claim has gone through ok and I haven't heard anyone else say there was a problem with the system.

They say because of this fact that a judgement shouldn't have been allowed and they have got a stay so I should be receiving my AQ soon.

Fuming? Steams coming out me ears!

Funnily enough when I rang Northampton County Court to complain, they say that a stay has NOT been granted, they did NOT file a defence, and [problem] has been in contact with them but only to apply for the removal of the judgement, to which they haven't returned the appropriate forms (quote from the very helpful operator: "We've sent them the forms but they haven't even bothered to send them back. They want the judgement removed but they're not putting the work in."). She also said that they shouldn't have mis-led me like that and if they're going to be funny about it to not wait but carry on to the warrant stage.

Should I send a letter to the County Court explaining my misery and if so, who would I address it to, send a letter to [problem] informing them that I intend to go ahead with the warrant, or just sit back and see if they get their way and have the judgement removed so they can drag their heels into 2007 before paying me what's rightfully mine??????

Still seething!

Big hugs,

Tracie XXX

[k23d26]

(STARTED A NEW THREAD)

After all of the above steps, and after waiting for a week after entering judgement I thought I'd give the solicitors a little more time before issuing a warrant so I wrote them the above letter giving them an extra week before such action and sent it off recorded delivery which they received.

Still not heard anything so I gave them a call today.

Guess what? They say that they DID file a defence online but they also say that there must have been a fault with the system because lo-and-behold, it didn't show that it had gone through! I've never heard such nonsense. Everything I've entered on Money Claim has gone through ok and I haven't heard anyone else say there was a problem with the system.

They say because of this fact that a judgement shouldn't have been allowed and they have got a stay so I should be receiving my AQ soon.

Fuming? Steams coming out me ears!

Funnily enough when I rang Northampton County Court to complain, they say that a stay has NOT been granted, they did NOT file a defence, and [problem] has been in contact with them but only to apply for the removal of the judgement, to which they haven't returned the appropriate forms (quote from the very helpful operator: "We've sent them the forms but they haven't even bothered to send them back. They want the judgement removed but they're not putting the work in."). She also said that they shouldn't have mis-led me like that and if they're going to be funny about it to not wait but carry on to the warrant stage.

Should I send a letter to the County Court explaining my misery and if so, who would I address it to, send a letter to [problem] informing them that I intend to go ahead with the warrant, or just sit back and see if they get their way and have the judgement removed so they can drag their heels into 2007 before paying me what's rightfully mine??????

Still seething!

Big hugs,

Tracie XXX

[Smelliellie]

So they missed the deadline to file a defence and there was a judgement online?

 

I say warrant them Tracie! you can do it online i think?

[Smelliellie]

Ha ha Tracie, found your new thread first. Is it possible that [problem] are so busy with these claims (there must be 100's) that you slipped through the net? At least they're earning their fees eh?

Go ahead and confirm with the court then bailiff them.

[k23d26]

Hi Smelliellie!

I've just done it! The worst that can happen is to suspend the warrant whilst they investigate all the facts. If I'm gonna have to wait around for them to get their finger out I mays well wait on my terms!

Grrrrrrrrrrrrrrrrrr. Still wound up!!!

X

[k23d26]

Yes, just done it. I don't know how they keep getting away with it. Time limits are there for a bloody good reason.

I was crapping myself when I first started all this. I felt so out of my depth. But now? I'm so angry that all I can say is......LTSB -

BRING IT ON!!!!!!!!!!!!!

[Smelliellie]

Put the kettle on and look for some nice xmas pressies while you're online

Can't be long now. The facts are straightforward, they've had plenty of time.

They make me mad too, cheeky sods.

[elsinore]

Good for you, Tracie.

Sooner or later a judge is going to come down really hard on these clowns for their breathtaking abuse of the system.

Write a protest letter to the court (as long as you quote your claim number it will be added to your file). Email or fax it for speed and follow it up with a hard copy.

Don't contact SC&M any more, they've had their chance.

Keep the pressure up.

Somehow I think a cheque will be winging its way to you very soon!

 

Elsinore

[midge61]

HI

I would go with what the court lady said to you and if they hav'nt even bothered to send the forms back to get judgement removed issue the warrent. That'll teach them!!!!!!!

Good luck

[k23d26]

Thanks Midge and Smellie! Just waiting to see if the court validates my warrant or not. Fingers crossed! Didn't realise [problem] were so under-handed. Then again, everyday they drag it out with us is money in the bank for them I guess. The legal fees alone must be costing LTSB a bomb. Well, we know what it feels like to lose money for nothing - so HAH!

X

[k23d26]

Thanks for that Elsinore, let's hope so! You're right, I won't bother contacting [problem] again because it's pointless and they're misleading! I'll contact the courts. An email sounds a good idea. Don't suppose you know the addy?

X

[k23d26]

Hi All,

As I said yesterday, I started the warrant online in the hope that this farce will be wrapped up sooner rather than later, with the cost of £55.

In the meanwhile I did as Elsinore suggested and sent both a letter and email to Northampton.

Kept checking my online claim details all day to see if the warrant had been validated.

Sometime after 4.30pm the warrant was rejected. This means that I have lost the £55, along with some of the fighting spirit that I had yesterday.

I followed the time scales, gave them extra time before taking it a step further and officially was well within my rights to issue that warrant after judgement.

Now is the time that I feel utterly deflated and I really feel like giving up. I have played ball but have still been knocked back, and if they can do that when I have done everything correctly then I feel they can do anything they wish.

That £55 is half of what I get each week and to just lose it like that feels exactly what if felt like when LTSB used to charge me.

Hey, maybe to recover my fees I ought to take the court to court . Oh the irony!

Dejected, sad, headache, off to bed.

Goodnight, God bless.

Tracie X

[elsinore]

Why was the warrant rejected? Is is because SC&M persuaded the court to accept their defence? Or Northampton discovered their mistake?

You were positively encouraged by Northampton to file for a warrant, so you should kick up a stink and demand the return of the fee.

Did you get the name of the person who told you to go ahead with the warrant? If so, your halfway to a refund. Even so, I would still complain, in writing, about their inefficiency which led to your loss.

 

Elsinore

[k23d26]

Hi, would anyone happen to know who is the top person to deal with if contacting head office? Just to make sure I'm correct, HO is Gresham St isn't it?

Any advice appreciated!

Cheers,

T X

[GaryH]

Yes Gresham Street is head office. Top person? That'll be the chief exec, Eric Daniels. He's the Big, big cheese.

[k23d26]

Bless you GaryH. Your bloods worth bottling!

[k23d26]

I think I've really messed up! I have received my settlement last month after 6 months of waiting. I have since been charged twice for going over my overdraft last week. Once because a company billed me more than it should (I have to sort this out) and once because I was charged my monthly account fee, which wasn't covered because the company had taken more money out than it should!

My problem is when I received the settlement offer from S,C&M I just signed it as it was without any amendments, but I think it may have meant that the settlement was a full and final payment against my claim and any future ones? Does this mean that I have to pay these current bank charges as it's going to be a struggle - actually impossible and I can just see it going the same way as it did before - charges that I cannot meet that incur more charges, until it snowballs out of control.

Can anyone please advise?

Thanks in advance!

Tracie

[Mindzai]

Hi Tracie,

 

It depends on what their conditions of settlement were. Why don't you post up the conditions they made sot hat we can see what you have signed. They may not have made that condition - you never know.

 

Lucid

 

EDIT: Sorry I've just seen that I've posted as Mindzai but it is Lucid

[spudyclur]

Hi

 

If you have been billed more than you should have by a company, you are entitled to a full and immediate refund under the Direct Debit guarantee, as long as the company did not inform you of the additional payment 10 days before taking the money, I have had this out with Lloyds myself and am now in the process of a fresh claim as they would not back down (again) over the charges. My original claim was settled by the funds being transferred into my account though, I didn't sign anything.

 

good luck

 

Claire