help

[ChilliB]

i have had no correspondance since my claim was transfered from MCOL to court- no date even yet

 

what shall i do

 

my claim is for 330.00

 

p.s my friend is about to get £1000.00 refunded from lloyds at the 2nd letter stage ! NO MCOL or court lark !

[PPMAN159]

I would give MCOL a ring to see what is going on with your claim.

 

As for your friends claim it just proves that there is no set pattern for the way that the banks deal with these issues.

[curlychic]

i have had no correspondance since my claim was transfered from MCOL to court- no date even yet

 

what shall i do

 

my claim is for 330.00

 

p.s my friend is about to get £1000.00 refunded from lloyds at the 2nd letter stage ! NO MCOL or court lark !

 

How long has it been ? I am aware of people having to wait upto 2 weeks before they hear anything. Which court has it been transferred to ?

I notice that you keep starting new threads, if you stick to one it will make it alot easier to help you

XxXxX

[ChilliB]

northamton county court - received letter 18th April !

 

what do you reckon i should do next ?

[PPMAN159]

I would give the court a ring as previously suggested.

 

They will be the ones who will now what is going on with your case

[curlychic]

I would agree .... give them a ring

XxXxX

[ChilliB]

just rang the court and they have sent out some info yesterday

 

nice chap - he told me theyve got thousands to deal with !!! they cant possibly contest them all - surely

[PPMAN159]

I would very much doubt if they will contest each one but the banks will probably enter the standard defence at the court as a matter of course

[curlychic]

just rang the court and they have sent out some info yesterday

 

nice chap - he told me theyve got thousands to deal with !!! they cant possibly contest them all - surely

 

Yep .... mostly they do .... in the sense that they enter a defence .... and waste the courts time in the process as the majority are settled before it reaches the courtroom !

 

 

XxXxX

[ChilliB]

i know ill get the information but what do i actually do next ?

[curlychic]

i know ill get the information but what do i actually do next ?

 

It all depends how the judge proceeds. An Allocation Questionairre may be sent out ... if so see here ...

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

However, some courts are dispensing with Allocation questionairres ... see here ...

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

Whatever the court chooses to do, you will here from them in due course. Until then the above reading should keep you busy ...

 

XxXxX

 

Hope that helps, if so PLEASE click the scales

[ChilliB]

latest - huge back log at coventry court but my case is with district judge to see how to proceed with case - i guess theyre all the same anyway

 

advise - is is worth getting on contact with SC&M and just asking if they want to settle it now instead of going through all this crap because it seems that they end up paying out anyway

[PPMAN159]

A phone call cannot do any harm at this stage.

 

If it ends up with the district judge and if he can see that you have tried to get the case settled, thereby trying to avoid wasting further time and money, then it might go in your favour.

[ChilliB]

Chaps

 

wrote to SC&m asking to settle before court etc and they have accepted asking me to get review of my acc at lloyds etc .......

 

does anyone know how long it takes before they credit your account after agreeing to their terms etc ...

 

 

also has anyone asked for a review on their account

[curlychic]

Chaps

 

wrote to SC&m asking to settle before court etc and they have accepted asking me to get review of my acc at lloyds etc .......

 

does anyone know how long it takes before they credit your account after agreeing to their terms etc ...

 

 

also has anyone asked for a review on their account

 

How did they accept ? Have they sent you a settlement offer ???

 

In relation to time before the money is in your account ... it all depends really some CAG memebers have had to wait over 3 weeks. I personally wrote to them (following their settlement offer) giving them 14 dyas to pay up. Money was in my account on day 14.

 

As for the review of your account ... It is usually one of the conditions of settlement anyway. I went for mine, was only there for 10 mins ... lol.

 

XxXxX

[ChilliB]

thanks curlychic lol

 

yes sorry they sent me a settlement letter saying that they didnt want o give it but will do on this occasion blah blah blah on the condition i get a review done blah blah

 

ta

[curlychic]

So one word to say then

 

'CONGRATULATIONS'

 

 

If there are conditions attached, just cross out the ones you dont agree with (which might be all of then ... lol) sign, photocopy and return the copy to ****. From personal experience i would put in a covering letter stating that you are accepting their offer, but without the conditions you have crossed out. Also, give them 14 days and state the actual date you want the money in your account by.

 

DO NOT inform the court until the money is in your account !

 

XxXxX

 

[ChilliB]

curlychic,

 

ive actually signed and sent it off ---- shall i just leave now ..... this wont effect anything will it

 

ta

[christinajanep]

hi chillib,

 

any chance u could post a copy of the letter u sent to sc&m as it could be useful to others

 

regards

[curlychic]

This is the letter i sent if it is of any help ?

 

 

Ref: XX/XXXX/XX

 

Dear Sir / Madam

 

 

In the XXXXXXXX County Court

XXXXXXXX –v-Lloyds TSB Bank plc

Claim Number – XXXXXXX

 

 

I am hereby returning a signed copy of your settlement offer dated XXXXXXXX, the contents of which I have noted, in particular your defence that my claim for repayment of ‘fee’s’, not ‘penalty charges’ as I have submitted to the Court, is misconceived.

 

To date no Court in this land has been given the opportunity to decide, in the eyes of the Law, whether misconception is indeed the case, the Legal Basis for my Claim is, therefore, correct.

 

In relation to the terms you have attempted to impose upon the settlement, if you are confident in the legitimacy of your defence, I see neither a legal necessity for a confidentiality term, nor any reason to request one. I am completely unwilling to relinquish my right to free speech and consider your Clients attempt to enforce such a term extremely arrogant. I therefore absolutely and completely refuse to comply with any such confidentiality agreement and as such have removed this from your list of terms, prior to signing.

 

I would like to take this opportunity to remind you that I am bringing action against your Client, not vice versa. It is your Client that has decided to settle this matter outside of Court and as such they have absolutely no right to impose conditions upon the offer of settlement.

 

I notice that you have given me a period of 14 days in which to accept your Clients offer of settlement. I see this, in the eyes of the law, as a reasonable timescale in which to except such offer.

 

I reciprocate this and therefore request that the amount of £XXXX as offered in your Clients settlement statement, be paid into my account XXXXXXX within 14 days of receipt of this letter. If your Client fails to comply within this timeframe then I shall have no option than to continue with the Court action.

 

I will only notify the Court and stop any further Legal Action, once payment has been received into my account.

 

I look forward to receiving the above amount at your earliest convenience, but no later than XXXXXX 2007.

 

Hope that helps, think there is a template letter somewhere, but i jiggled it a little.

 

XxXxX

 

 

[curlychic]

curlychic,

 

ive actually signed and sent it off ---- shall i just leave now ..... this wont effect anything will it

 

ta

 

No ... shouldnt effect anything

 

XxXxX

[ChilliB]

curlychic - thanks - as i have already sent it - ill use this if they take the p1ss

[BARTY]

Congratulations!! :D

Barty:)

[ChilliB]

money has been refunded

 

if your at the court stage and havnt heard anything for a while - this is the letter i sent to SC&M asking them to settle- i hope this helps anybopdy at this stage - good luck all

 

Address details

Date

Reference: -

Sort code: xxxxxx Account Number xxxxxxxx

Bank Charges Claim for £XXX

 

In the XXXXXXXX County Court

Claim Number: XXXXXXXX

 

Dear Sir/Madam

 

 

I would like to take this opportunity to offer you a chance to settle this claim before attending a Court hearing. I feel that this has already been a lengthy and drawn out process and prefer that this can be concluded before a Court hearing. If you agree with this then please feel free to either contact me via written correspondence or contact me directly on XXXXXXXXX.

 

I will assume however that if I do not receive any further contact from you with an offer of settlement within the next 14 days, then your opinion differs. I am perfectly willing to carry this through to court, and if I receive no further contact from you then I will look forward to meeting you on a future Hearing date.

 

Yours Sincerely,

Your Name