nestie vs lloyds tsb ****WON****

[nestie]

Thanks again.

Will wait then will start hassling.

Cheers!

[nestie]

The deadline for submitting AQ's was today. Initially I thought that only mine had to be in today and SCM would then get a copy of mine and have to file theirs in response (bit dim - all new to me!). Reading through other threads today (this site is obsessive - spent my lunchhour at work on this site today) realised that they both had to be in today. Phoned the court just after 4 pm and was told that they are up to date and all AQ's received today have been logged but that SCM have until 4.30pm to file theirs. Given that my court is Swansea and they are in Brighton are they likely to get it in by 4.30pm? The bloke I spoke to at court said that this case will be passed to a judge in the next few days and that if SCM still haven't filed an AQ he is likely to give them a few more days and if they still don't file on I will win by default.

Are they likely to get an AQ in at the last minute? and if not are they likely to in whatever the new timescale allowed is?

Have butterflies in my stomach when I think about this and can't stop dreaming about how getting the money back would ease my finances enormously (then try and stop dreaming in case I don't).

Can anyone advise me on SCM's likelihood of returning an AQ at literally the last minute and whether I stand much chance of winning by default?

Thanks

[nicsussex]

Can anyone advise me on SCM's likelihood of returning an AQ at literally the last minute

 

Almost a certainty I'm afraid!

[nestie]

What happens next if they do? There are so many different threads with so many different scenarios i'm not sure what to expect next.

Also I copied the AQ on file so do I now have to file my court bundle within the next 14 days (as I said I would) or do I wait for the court to ask for it?

[nestie]

One other thing - have just been reading about the Hull court thing. Does anyone expect this to have repercussions on other courts?

[nestie]

Checked with the court again today and all AQ's received yesterday have been dealt with and they even went through the ones they've received today and nothing from Lloyds TSB. Is this good news?

[nicsussex]

Best to play it by ear and see what happens no point getting concerned or excited about something you have no control over - if nothing by middle of next week then make the enquiry again.

[nestie]

When I phoned the court the bloke I spoke to (same one as yesterday - really helpful) told me that I could put a letter in to them on Monday and ask for a judgement by default. He also said the judge may allow this but may also give them extra time to submit their AQ. Any thoughts or opinions please?

[Trish76]

I wouldn't be too hasty about entering judgement as the courts do tend to allow the banks a few days grace when it comes to submitting their defence/AQ's etc. If this happens in your case and you've already entered judgement then the defendant will be allowed to apply for a set-a-side, this could delay the whole process a little further.

[nicsussex]

I suspect that he will allow them extra time to file a defence - and if you get judgement by default that is not necessarily the best result for you - have a look here

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/73807-jshtr3-lloyds-tsb.html

[nestie]

Thanks a lot Trish and Nic.

So basically I just wait to hear from the court and take it from there then?

Thanks,

Sam

[Trish76]

Definately worth waiting for further directions from the court, although a few phone calls wont go a miss, it may help to push your claim on!!

[nestie]

Sorry - few phonecalls to who - SCM or the court (sorry to be so dim!)

[Trish76]

I found with my claim against Nat West that regular calls to the court seemed to push things on a little quicker, it may just be coinsidence but I still believe they got hacked off with hearing from me and pushed things on.

[nestie]

That's great - thanks for the advice.

Don't know what I'd do without this site!

[Trish76]

It is a fantastic site and has helped me to two great successes against Nat West, and it's also filled me with great knowledge which pleases me in being able to pass on to others.

 

We all want the same thing at the end of the day......OUR MONEY BACK!!!!

[nestie]

I am going to check with the court again tomorrow just in case SCM have now submitted an AQ and if they haven't am going to write to them to prompt them (will fax the letter). Can someone have a look at the letter below to tell me if this is OK and any amendments I may need to make? Thanks.

Am also going to send a copy to the court but does anyone know of a polite covering letter I can send to the judge so that he doesn't think I'm stepping on his toes by allowing them more time when he is going to give them extra time (and possibly more than I have allowed)?

 

 

Letter:

You have not filed a defence for claim number 7******* at Swansea County Court, and the time to file a defence has now passed and judgement in default will be granted.

 

I am writing to give you one final opportunity to make full payment of £****.** plus court costs. This gives your client a final chance to settle before additional costs are added to the claim and more of the court systems time is wasted. As I am a member of the Consumer Action Group, I do not know of any cases that you have actually been to court to defend.

 

If I have not received payment in full by 4pm on Monday 18th June 2007 I will file for Judgment in Default.

I will be including this letter in my evidence to show that I have tried to communicate to negotiate an early settlement, and to show the judge that I believe the way you are handling these cases to be ‘An abuse of the court system process’.

If you would like to contact me regarding this letter please feel free to telephone me on ***********.

 

Thoughts please?

Thanks

[nestie]

bump

 

I want to get this letter off today - can anyone give me some advice please?

 

Also tell me if I should leave well alone and not send any letters yet.

 

Thanks

[nestie]

bump again please - anyone? :idea:

[BARTY]

Hi

Looks fine to me:)

Good luck, let us know how you get on.

Barty:)

[nestie]

Hi, I spoke to a girl at the court a little while ago and she said that my file had gone to the judge this morning in relation to my request to have 8% interest added to my original claim and that when it comes back it'll have to go to him again for allocation. She said that he is then likely to give SCM a further 7 days himself so advised me not to send my letter as it'll give different time limits compared to his. Have decided not to send the letter - is this OK?

[nestie]

Should I maybe phone SCM instead to see if their client wants to make an offer seeing as they haven't returned their AQ?

[nestie]

Quick update - phoned SCM this afternoon and spoke to a Tom Sweeney. He took my details and said that a colleague would phone me back later. No-one did so phoned them back just after 5 to 5 and their office was closed - message states they close at 5 - so will try again tomorrow.

 

Feeling good though - my 5 year old daughter rode her bike without stabilisers for the first time tonight and is bursting with pride. Also my son's giant african land snails have had loads of babies - any takers????

[Trish76]

Good on your daughter....

 

But no thanks on the Snails.....

[nestie]

Quick update today.

After SCM didn't phone me back yesterday I phoned them back this morning. First time got through to a girl who said that the extension I needed was busy and to call back later. Phoned back 20 mins later and the bloke I got through refused to put me through to anyone as he said if I had been told that someone would phone me back they will when they can - fair enough! Chris Collins phoned me back about an hour and a half later and asked what it was I wanted. Explained that their AQ should have been in last week and again asked me what I wanted - should have thought that was obvious but he seemed like he wanted to be a pratt. Advised that I want to know what they plan on doing if they haven't bothered sending their AQ back yet. He told me that they are still preparing my AQ and the fact that they are late in doing this will only go in my favour if this goes to court - why do it then?? and why not just settle then??

Spoke to the court then and they said that judge likely to give them another 5 days or so but that this timescale is monitored rigidly and that if they don't file on time then judge could award judgement to me. Not sure if he does whether, at this stage, they could still apply to have the order set aside or whether because they've had two chances to get it in they can't apply for it to be set aside.

Any thoughts on this?

Thanks,

Sam