Hubby -v- Lloyds TSB (Help Please)

[Iwantmymoneybackrightnow]

Can anybody please help I have issued court proceedings against Lloyds on behald of my husband which was deemed served on the 5th April, and they had until the 19th April to reply. They filed an acknowledgement of service on the 24th April and now have until the 3rd May to file their defence.

 

On 28th April my hubby received a letter dated the 18th April offering £750.00 in full and final settlement which was credited to his account yesterday. Since4 we gave Lloyds plenty of warning that we required full settlement of the claim or we would continue to court can we just write back to them stating that we accept the money in part payment since our claim was already issued in court before the date of their letter and tell them that we will inform the court of the same, and also can we use this money (as it would now come in handy). Any help would be gratefully received.

 

Thanks

 

Lou

[curlychic]

Can anybody please help I have issued court proceedings against Lloyds on behald of my husband which was deemed served on the 5th April, and they had until the 19th April to reply. They filed an acknowledgement of service on the 24th April and now have until the 3rd May to file their defence.

 

On 28th April my hubby received a letter dated the 18th April offering £750.00 in full and final settlement which was credited to his account yesterday. Since4 we gave Lloyds plenty of warning that we required full settlement of the claim or we would continue to court can we just write back to them stating that we accept the money in part payment since our claim was already issued in court before the date of their letter and tell them that we will inform the court of the same,(YES) and also can we use this money (as it would now come in handy). Any help would be gratefully received.

 

Thanks

 

Lou

 

Have thy already credited your account ? What they appear to do is offer the £750 and full and final payment, then pay it into the account anyway.

This link should help you out. Read through the template letters and find the one which best suits your case. The letters can be 'jiggled' to suit.

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

XxXxX

 

I hope i have been helpful, if so, please click the scales

[Iwantmymoneybackrightnow]

Yes they credited acc yesterday. There isnt a letter which exactly suits our situation but what I am trying to achieve is perhaps giving them a date by which to withdraw the money or I will see this as them accepting it as part payment. At which point I shall inform the courts if they havent withdrawn it. (if that makes sense). Any thoughts?

 

Thanks

[curlychic]

How about this ?

 

YOUR Street

Town

City

Postcode

 

 

 

 

 

Date

 

SOLICITOR'S NAME

Address

Address

Postcode

 

Re: County Court Claim Number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of £xxxx.xx as full and final settlement of my claim.

 

My claim is for £XXXX.XX as outlined in my Particulars of Claim, plus court costs of £XXX.XX, and this claim will continue until payment is made in full.

 

I wish to stress that I do not accept your offer as Full and Final settlement, however, i will except the money transfered to my account as part payment towards that which is being claimed and shall inform the court that this payment has been made.

 

Should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

[print name]

[Iwantmymoneybackrightnow]

That looks perfect. Should I send this to the solicitors or Lloyds whom the offer came from.

 

Thanks

[Iwantmymoneybackrightnow]

Or should I send it to Lloyds and cc both the solicitors and the courts.

[curlychic]

Send it to Lloyds, if they want to send it to their solicitors then let them do it ... lol

 

If it were me, i would send a copy of the letter to the court, with a covering letter.

 

I would also withdraw the £750 and deposit it into another account (not LLoyds)

 

XxXxX

 

 

 

Any advice I offer is done so informally, without prejudice & without liability. You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional.

[Iwantmymoneybackrightnow]

Thanks for your help, will follow your very good advice.

 

:)

[Iwantmymoneybackrightnow]

Well since I last posted we withdrew £750.00 from Lloyds acc and transferred to a safer place!!!!

 

Wrote to Lloyds informing them that we aceepted in part payment and that we are still pursuing the rest, and copied the letter to the court.

 

My question now is Lloyds havent submitted a defence which was due on the 3rd May. Do i now just detach the bottom half from the Notice of Issue requesting Judgement and how likely is it that Judgment will be awarded??

 

PS

 

they were also late filing their acknowledgement of service they filed on the 24th April but it should have been filed on the 19th.

 

Is it normal for SC&M to be so lapse

 

:-x

[christinajanep]

oh yes and they keep getting away with it... very annoying isnt it

[Iwantmymoneybackrightnow]

Christina

 

Is it unlikely that judgement will be awarded???

 

I also issued proceedings for my mother-in-law on the exact same date and she received her defence which was dated the 30th April. I did however notice that SC&M's reference for my mother-in-laws claim and my husbands claim is exactly the same. So was thinking maybe they have got confued and just responded to the one (slim chance, Maybe!!!!)

 

[Iwantmymoneybackrightnow]

Anybody there ????????

[curlychic]

You could try giving the court a ring to see if they have any further information

XxXxX

[Iwantmymoneybackrightnow]

Rung the court today and they said no defence entered.

 

Do I just detach the bottom half of the notice of issue and request judgement on that???

 

Have you any idea what happens after i send this request for judgement????

 

Thanks for replying Curlychic thought no one was talkin to me

 

 

 

XXXXXXXX

[nicsussex]

Rung the court today and they said no defence entered.

 

Do I just detach the bottom half of the notice of issue and request judgement on that???

 

Yes - that is exactly what you do - however there is a very good chance that the court will allow Lloyds to file a late defence - perfectly standard - nothing to worry about.

[Iwantmymoneybackrightnow]

Ok thanks

 

How late do they have to be for the judge to allow judgement????

[nicsussex]

Depends on the judge - they are generally very conservative on matters such as this

[curlychic]

Just had another read back throughyour thread, tottally ignore what i posted earlier as i got it all wrong...sorry....editing it so as not to confuse you or others who may be reading your thread

 

XxXxX

[Iwantmymoneybackrightnow]

Just a question, maybe a silly one but would it be quicker to phone SC&M and inform them that I am going to request judgment just to speed it up a bit, if it is unlikely that the judge will allow judgement to be entered.

 

What do you think ???

[Iwantmymoneybackrightnow]

Hi Curlychic

 

On my Notice that acknowledgement of service has been filed it states that The defendant filed an acknowledgement of service on the 24th April. It then goeson to say that The Defendant has 28 days from the date of service of the claim for with particulars of claim to file a defence.

 

My claim was deemed served on the 5th April.

 

Please tell me oif I am miunderstanding this ?????

 

PS. When I phoned the court today they said that they were late in filing Defence.

[Iwantmymoneybackrightnow]

Sorry about the typos got a bit excited coz someone was talkin to me xxx

[nicsussex]

What do you think ???

 

Let me think now . . . waste of a phone call .. . will get you nowhere . . . will make you feel like banging your head against a brick wall is less painful . . . but hey the choice is yours.

[Iwantmymoneybackrightnow]

So was a silly question then !!!!!!!!!

[curlychic]

Just had another read back throughyour thread, tottally ignore what i posted earlier as i got it all wrong...sorry....editing it so as not to confuse you or others who may be reading your thread

 

 

 

 

XxXxX

 

No you were right....i got in a muddle....sorry chook....think its time for my bed

[nicsussex]

So was a silly question then !!!!!!!!!

 

Not a silly question - one that gets asked a lot - think the answer still applies though!