gdarren v lloyds

[gdarren]

Hi , We have followed the advise and format as set out here and are now at the AQ stage.

 

Have just returned the AQ with the modified draft order and will now wait and try to get everything set out and printed to send to court, but i must admit im now getting a bit daunted by the masses of information im looking at and keep second guessing as to should i use this or not, and i keep thinking that i will miss somthing and get caught on a technicallity!, more brain fade than anything else i think, but im not quitting now.

 

A brief rundown of what has happened so far is this,

 

Started on 20/12/2006

 

Asked for statements with template letter, got no reply so rang lloyds and they cancelled cheque and got them to us in two days for free.

 

Sent 1st letter asking for money and interest back, standard letter saying NO and reason why.

 

Sent 2nd letter, Never got a response from lloyds.

 

Applied to court and waited for response, lloyds files a defense within 7 days , standard 9 point and the case has been automaticaly transered to my local court by HMCS.

 

Not sure why or if this has happened to other people but i am going to assume that it is the norm to not worry myself over it.

 

Have just sent AQ and the extra money to local court and will now wait, We have had no contact from lloyds and no money has been debited to our account, seems like a random thing that is happening rather than an automatic one.

 

Darren

[dolly]

It does seem very random how Lloyds work - last week there were loads of payouts at, or around, AQ stage but yet some people are having to wait until court date time again like they used to. You can't keep track at the moment.

 

Keep us updated

[gdarren]

Now shoot me down in flames if i being thick as an a##e here but, on the draft order i sent to court with AQ it says that i will within 14 days of service send to court and lloyds copies of my stuff.

 

My question is, from what date is the draft order deemed as served so i know how much time i have left to sent my defence.

 

Is it from when i sent it back ?

when the court get it ?

or will they advise me that it will be served if they agree to it ?

 

Also part C of the draft order says i will give copies of decided cases to the court as evidence, How and where do i get the correct info to do this, im sure theres an easy answer looking me in the face but i cant see it at the minute.

 

Darren

[pommy190780]

Hi Darren

Basically you don't do anything now until the Judge tells you to (Thats in plain english and how I was told, its makes it so much easier!) The court will write to you with an order and when the information has to be in by.

 

The second part about the othese cases etc is in the Cases Library of this site or the basic court bundle also from this site. Hope this helps!

[gdarren]

Thanks Pommy, I have found them now ,and will start to get my act togeather and get pepared for the next round, although im getting to think a stay will occour at some point as it seems to be the way they are playing at the moment.

 

Thanks again

 

Darren

[gdarren]

Have got home from work to find a very snotty letter dated 05/04/07 from SC&M offering me full payment BUT with lots of clauses attached.

 

Very happy to get here but im not going to accept clauses now as they also want an answer by 19/04/07.

 

I will spend the next few days editing this and will return my list to them !!

 

And please note the date, as its taken 7 days to get to me, so dont dispare as there is light at the end of the tunnel.

 

Will keep you informed.

 

Darren

[nicsussex]

Have got home from work to find a very snotty letter dated 05/04/07 from SC&M offering me full payment BUT with lots of clauses attached.

 

and the clauses are?

[dolly]

Probably the standard I imagine:

 

Full and final settlement

Payment into account

Confidentiality

Account review

Notify the court

Arrange O/D if going to go over limit

 

And the killer:

 

'agree to maintain account within it's limits'.

 

Am I right?!

 

Only 2 of which I would agree to

[gdarren]

Yes and im sending a letter in agreement to the first two, and asking for a payment date .

 

Darren

[dolly]

I'd agree to Notifying the court WHEN the money is received (not at this time) and payment into the account. By accepting F&F means you wouldn't be able to claim against them in the future should the need arise.

[nicsussex]

I'd agree to Notifying the court WHEN the money is received (not at this time) and payment into the account. By accepting F&F means you wouldn't be able to claim against them in the future should the need arise.

 

Not sure that this is the case if you are only agreeing to past charges if there is no mention of future charges it must surely only apply to this claim - although would agree with the 'agree to maintain the account within its limits' clause could help them with any future claim