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maria 1965
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Hi all sorry its been so long anyway can someone please help I am due to go to court on 2nd may 2007. Today I phoned SCM to see if they were going to court or wanted to settle they said there were discrepencies about the amount I wanted to claim, they have asked for me to resend my schedule.

 

However I can only claim 6yrs back from my court date that being may 2007-to may 2001 as that is were the statute of limitations runs out?????

 

I started my claim in October 2006 cant I work back to Oct 2000 - present day. Have they got this right please help

 

Thanks guys

 

Maria:confused:

Maria 1965:p

 

Abbey sent Letter 8/09/06

Overcharged £150 settled in full 15/09/06

 

Now commencing

Barclays (£995) 1st letter sent 17/09/06

16/10/06 Recieved answer offering £115 so sent reject Letter

 

Lloyds Prelim letter sent (£1425) 23/10/06

mhol

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I think the timer kicks in when you send our first letter therefore Oct 2000. I would send them the schedule and see what they say. I'm assuming you've sent the LBA etc. etc.

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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As far as I'm concerned even without the recent assertation that we should be claiming back beyond 6 years - you still have every right to claim for all your charges from 6 years prior to your initial request for repayment. There is never much mileage in phoning SC&M as they always leave you felling frustrated. If they have asked for a copy of your schedule of chatges then yes resend it - but have they not had this many times before?

 

Maybe worth have a quick re-read of your schedule in case there are any glaring discprenacies

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Hi Maria

 

Yes, you can claim back to the date you sent your first request for repayment. Of course, they will try to suggest otherwise, so you need to stand firm.

 

Which bank is this against?

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Think it must be Lloyds Alan - what with it being in the Lloyds forum and Lloyds solicitors defending?

 

LOL...it's been one of those days. :)

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Hi Guys

 

I think i have made a booboo when i rang SCM (Lloyds solicitors) today

 

I spoke to someone called Eve she said " they are dealing with your claim but haven't recieved your schedule (Liars) they must have as she knew Id gone beyond the 6yrs My First Charge on one of the accounts is Jan 2000 etc....

 

However I re calculated from her suggestion which is a hell of a lot less only sending from may 2001 By fax today am I a fool what shall I do shall I suggest I am going to claim from the time I started corresponding to LLoyds (oct 2006)or put it down as a loss what are the guidelines for calculating where shall I start totally confused now shall I dictate and say I want them from Jan 2000 or Oct 2001 or as suggested may 2001 ??????

 

What A fool

 

Maria x:confused:

Maria 1965:p

 

Abbey sent Letter 8/09/06

Overcharged £150 settled in full 15/09/06

 

Now commencing

Barclays (£995) 1st letter sent 17/09/06

16/10/06 Recieved answer offering £115 so sent reject Letter

 

Lloyds Prelim letter sent (£1425) 23/10/06

mhol

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To be perfectly honest, I would claim for the full amount - certainly back to October 2000. If they refuse to pay the early charges, tell them that you will file a claim for ALL charges (ie back to Jan 2000 or earlier), and that you will take your chance that the judge will except your view that the Limitation should be overturned due to concealment or mistake.

 

See what they say - and THEN decide what to do.

Alan, Derby, UK.

 

 

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

________________________________

 

Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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Maria,

 

I see you have a court date for 2nd May - have you complied with the courts directions? In other words have you submitted your court bundle? And have Lloyds served anything to you?

 

Also have a read of this thread - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Guys

 

Gary, I have the court date as suggested previously but they have asked for no directive just a standard letter with the date of the hearing on it actually go to court, I dont think they will i think they are going to ask for an extension due to the discrepencies. would you advise me to resend a new schedule including all dates i have statements from eg jan 2000 or as they have suggested may 01 what is the law as they keep telling me the sataute of limitations is 6yrs back from court date.

 

The schedule I faxed today is as they have sugggested, ie may 2001 if they are in the wrong shall I phone tomorrow and tell them I am unhappy and I want all charges back dated too jan 2000 there is quite a difference.

 

awaiting your advice guys

 

maria :confused:

Maria 1965:p

 

Abbey sent Letter 8/09/06

Overcharged £150 settled in full 15/09/06

 

Now commencing

Barclays (£995) 1st letter sent 17/09/06

16/10/06 Recieved answer offering £115 so sent reject Letter

 

Lloyds Prelim letter sent (£1425) 23/10/06

mhol

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Gary,

 

o I need to submit a court bundle if they have asked for no directves getting scared now lloyds seem to be putting me off.

 

After your or any of the guys advice ill post tomorrow have I made a booboo changing my schedule

 

Maria:confused:

Maria 1965:p

 

Abbey sent Letter 8/09/06

Overcharged £150 settled in full 15/09/06

 

Now commencing

Barclays (£995) 1st letter sent 17/09/06

16/10/06 Recieved answer offering £115 so sent reject Letter

 

Lloyds Prelim letter sent (£1425) 23/10/06

mhol

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Dear Alan,

 

can I resend the schedule with the original charges and say I have been advised to claim from original datethat being when I first approached Lloyds Oct 2006 and go back to Oct 2000, is there anything to quote to them as they keep stating this limitations act ????

 

Have I made a big mistake changing my schedule to suit them, shall I resend the originals ???

 

Thanks Maria

Maria 1965:p

 

Abbey sent Letter 8/09/06

Overcharged £150 settled in full 15/09/06

 

Now commencing

Barclays (£995) 1st letter sent 17/09/06

16/10/06 Recieved answer offering £115 so sent reject Letter

 

Lloyds Prelim letter sent (£1425) 23/10/06

mhol

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Hi Nic, I had originally sent my schedule a couple of weeks ago, I got my court date fri for the 2/5/07 so i rang to ask if they were going to turn up or settle they said they wouldn't be ready as there was discrepencies in my schedule so I asked like what are they they said I was trying to claim more than six years and I could only claim back 6yrs from court date that being may 01 so they said they hadn't even recieved a schedule off me and could i re send with just dates of the suggested charges which i did which is a lot less than my original.

 

After reading posts I think I have made a boo boo and I wanted advice as to wether I should send originals now as I have been advised to claim from six years back from original request ie Oct 06 therefore goiung back to Oct 01 I actually have statements and charges going back to Jan 00 but I cant claim that far back can I.

 

Maria

Maria 1965:p

 

Abbey sent Letter 8/09/06

Overcharged £150 settled in full 15/09/06

 

Now commencing

Barclays (£995) 1st letter sent 17/09/06

16/10/06 Recieved answer offering £115 so sent reject Letter

 

Lloyds Prelim letter sent (£1425) 23/10/06

mhol

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Gary,

 

what do I need to supply if I go to court on the 2nd,

I am confused at what I need Im stressed now incase I have made a mistake changing the schedule request after applying to MCOl I sent a copy of schedule to them and one to the bank Ihave also sent back AQ what do I need to do now, however can you advise on the other problem firt so I can ring them tomorrow or will the take the one I faxed today as gospel and ive lost out

 

Maria:(

Maria 1965:p

 

Abbey sent Letter 8/09/06

Overcharged £150 settled in full 15/09/06

 

Now commencing

Barclays (£995) 1st letter sent 17/09/06

16/10/06 Recieved answer offering £115 so sent reject Letter

 

Lloyds Prelim letter sent (£1425) 23/10/06

mhol

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Nic thats exactly they said they hadn't recieved it haha but knew I had gone back more than six years, so as I said i changed the schedule to the amount they suggested May01-may07 Have I made a big mistake or what can I resend originals and say I have been advised to claim back to oct 00-may 07 whick is over the six years but it was over six months ago I started the ball rolling im so confused now when should I actually start my charges from.

 

Thanks guys just awaiting all your advice

 

Maria:confused:

Maria 1965:p

 

Abbey sent Letter 8/09/06

Overcharged £150 settled in full 15/09/06

 

Now commencing

Barclays (£995) 1st letter sent 17/09/06

16/10/06 Recieved answer offering £115 so sent reject Letter

 

Lloyds Prelim letter sent (£1425) 23/10/06

mhol

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Can you post up the exact wording of the order from the court please Maria? I'll come back to this when I get home this afternoon.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary,

 

Thanks for taking time,

 

To the claiment me

 

District Judge ...... has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 10am on the 2 May 2007 at Liverpool County Court, Liverpool,Civil and family courts ( then the address) and should take no longer than 10 mins.

 

The court must be informed immediatly if the case is settled by agreement before the hearing date.

 

Date 10 April 2007

 

Thats it at the bottom of letter it has notes

 

If You cannot or choose not to attend you must write and tell court it just goes on tosay about not attending thats all Gary ????

 

 

Thanks Maria:idea:

Maria 1965:p

 

Abbey sent Letter 8/09/06

Overcharged £150 settled in full 15/09/06

 

Now commencing

Barclays (£995) 1st letter sent 17/09/06

16/10/06 Recieved answer offering £115 so sent reject Letter

 

Lloyds Prelim letter sent (£1425) 23/10/06

mhol

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Ok there's no need to submit anything in advance - you should just take your bundle to the hearing if it gets that far.

 

It pains me to say this, but SC&M are actually right when they say about the 6 years being from the date of issue. It was commonly believed (by me too) until very recently that it was from the date of first correspondance, but apparently not - BF confirmed this a few weeks back.

 

So, I would suggest that you send back a schedule without the post 6 years charges with a brief covering letter saying that you will settle for that amount if a settlement was to be reached.

 

There is nothing stopping you claiming them at a later date, along with any other charges 6 years old and over, arguing conceilment or mistake under section 32 of the Limitations Act. This is something you would have to do a bit of research on though and at this late stage I would be inclined just to settle for the 6 years worth from the date of issue then go back for the resat once its settled.

 

Just don't sign any "no future claims" conditions!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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It pains me to say this, but SC&M are actually right when they say about the 6 years being from the date of issue. It was commonly believed (by me too) until very recently that it was from the date of first correspondance, but apparently not - BF confirmed this a few weeks back.

 

Must have missed that! My apologies for being misleading. Unfortunately this will of course only encourage LTSB to delay things even further and therefore make it even more important to stick to the timescales that you have set out.

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