Have not sent LBA but started MCOL

[digel]

I didn't read everything properly and am a bit concerned that I have given LTSB a way out.

 

I sent the first letter to LTSB and received a response along the lines of, "our charges are fair, our charges are fair, we're sorry if you don't like it.. take it up with the banking ombudsman".

 

Immediately after receiving this I started a small claims through MCOL and followed it up with a schedule of charges to Northampton County Court.

 

I've since read in the FAQ that a) I should have warned LTSB that I intended to sue and b) that in order to use MCOL, LTSB must have received two schedules of the charges.

 

I realise I should have read up on this properly in the first place but would someone be able to tell me whether what I have done is going to present a problem and, if so, what I can do about it at this stage.

[digel]

bump

[BARTY]

Hi

It's too late now, so I wouldn't worry about it. Have they acknowledged your claim yet? If not, when they do make sure you send a copy of your schedule to the Solicitors.

Good luck, let us know how you geon.

Barty:)

[digel]

They have acknowledged it but only online, which means I haven't had any contact from their solicitors. Should I wait until they contact me?

[BARTY]

Hi again

I would send a copy now, as the next time they contact you is when they enter a defence. I presume it is SC&M the Solicitor? I would send a letter with your claim number, with a note saying find enclosed a copy of my schedule of charges to:

 

Sechiari, Clark & Mitchell

Department SO

PO Box 499

Lower Ground Floor

1-5 Queens Road Quadrant

Brighton

East Sussex

BN1 3XJ

 

Barty:)

[Advoc8]

Yes, send it and keep going. Given the volume of claims it's entirely possible they'll overlook your omission.

[digel]

I am at the stage where SCM have just acknowledged my claim and stated that they intend to defend. I am moving house in 3 weeks time and imagine it won't be settled by then. Does anyone know whether I just have to write to the court and SCM and let them know of my address change or whether there is anything more to it?

[BARTY]

Hi

I would write to both telling them your new address, make sure you write your claim number on the letters.

Good luck with you claim.

Barty:)

[digel]

I submitted my AQ around 3 weeks ago.

 

SCM have now offered to settle in full, including interest and court costs on the following terms.

 

1) They will credit the amount to my account.

2) This will be full and final settlement.

3) This settlement must remain confidential.

4) I agree to maintain my account within the banks limits and terms.

5) I can avoid these charges by doing so.

6) I arrange a review of my account.

7) I notify the court once I receive settlment.

 

I have a couple of questions about their terms.

 

The figure they give in point 1) is considerably lower than the figure I calculate. I presume I reject it on that basis.

On point 3) am I right in thinking that I do not have to, and should not, accept this as a term of settlement.

 

Are there any other terms I should not be agreeing to?

 

Thanks alot and nearly there...

[livelylad]

Yes reject the offer, also you are the claimant they are the defendant they cant issue conditions to you.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

3 threads merged please stick to one.

[John72]

Hi Digel

 

Sounds like you are almost there - you just need to handle SC&M and "suggest" your own acceptance terms.

 

May I ask the value of your claim?

 

John

[digel]

hi john, its for £700 + court costs and interest. I've rejected their offer and stated that I will contact the court only when a full settlement without condition attached is received... will see what happens... any idea what SCM's turnaround time is.. there isn't any court date set and I'm actually rather curious as to whether they have submitted their AQ as that was due 3 days after the date of their letter.. I'll contact the court and find out

[digel]

Please move this post to settled. SC&M / LTSB settled charges + interest + court costs. I think they were around the cost of the stamp short so I don't think I'll follow it up. Thanks for all of your help. They did not inform of when this payment would be made etc it was just put into my account.. If you need any further information let me know

[BARTY]

Congratulations!! :D

You need to send a PM to one of the Mods to get your post moved.

Barty:)