Delay, Delay, Delay! **WON**

[Determination]

In order to support and advise my daughter I would be interested in any advice regarding Lloys TSB's current delay tactics.

We initiated the claim in March. After no response from them we entered a claim in the court recovery service. They then waited until the last day of their time to respond, and then contested the claim. They then were given extra time in which to lodge their defence, and again waited until the last day to do that. Their defence seems to be a standard response which they must be lodging in all cases.

Our case has now been re-allocated to a local court and we have received the first notification of this.

As the court has asked if the matter could not still at this stage be settled without a court hearing, we have written to Lloyds TSB to propose a comprimise which would avoid a further burden on the courts system.

ie: if they agree to promptly meet the claim for penalty charges in full, we will not pursue the interest on the amount, or the costs incurred to date.

Either way they choose to go I think we will be quite happy.

a) if they settle, then all the delay and inconvenience is finished.

b) If they choose to continue, then at least the court will see that WE have tried to be reasonable with Lloyds TSB, and reach a comprimise agreement.

 

The letter will of course form part of our court bundle when that day comes. We have also stated that this comprimise offer is not subject to any further offers or negotiation; it must be either accepted.... or the court procedings go ahead as scheduled.

 

Have others done this or something similar? What has been your experience?

[presario]

Hi Determination, must point out I am no expert but am going through a claim like yourself. You mention that your case has been transfered, are they doing away with the AQ as in here ?http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensing+with+aq

 

If so then it guides you through what you could do and part way down the page it points you here

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html#post695176

where you will find some example of "nudge letters" to the solicitors (you need to change the solicitor details etc) which is what I have done and will include in my bundle should it come to that.

 

This will show as you suggest that you are doing your bit to try and resolve the claim "out of court". Personally I would not give Lloyds any "get out" why should you settle for less, they would not in your position.

 

Good Luck anyway press on.

[Determination]

It has been transferred to our local court from the Online centre because Lloyds TSB "contest" the claim. I am not sure at what point these AQ's are sent. Do you know? Are the sent when the claim is first lodged, or when the court sets a date for a hearing? Thanks for the link. I am looking at it now.

[presario]

It has been transferred to our local court from the Online centre because Lloyds TSB "contest" the claim. I am not sure at what point these AQ's are sent. Do you know? Are the sent when the claim is first lodged, or when the court sets a date for a hearing? Thanks for the link. I am looking at it now.

 

Well when it's transferred from MCOL you should get a "Transfer of Proceedings" notice from them, in my case there was an order attached that stated that AQ were to be dispensed with unless the court of transfer requested one. So if you have had the notice of transfer and no order attached dispensing with the AQ I believe the court you are transfered to will send you one in due course. If still waiting for formal notification I would hold fast until it arrives. It should also include Lloyds defence attached so you know where they are coming from. Best check it against other posted here abouts or ask one of the more learned people here if it is their normal defence etc.

[Determination]

Thanks for that. Will do!

[diamond4736]

i settled for a lesser amount of £800 instead of £1200, my charges without interest were £795 so i wrote to sc&m saying if they pay up now i will accept £800, otherwise me and my solicitor will take them to court and claim that amount including interest, within about 7 days they paid up , they never told me they where paying up just credited my account so lucky i check my ltsb account every day otherwise i would'nt have known.:grin:

[Determination]

Well Done Diamond! And thanks for sharing your experience too. When was it that you settled? Was it fairly recently?

[diamond4736]

Well Done Diamond! And thanks for sharing your experience too. When was it that you settled? Was it fairly recently?

thanks, was settled friday

[Determination]

Terrific!

[nicsussex]

To be honest you have already given them plenty of opportunity to settle prior to iossuing a court claim against them - they have chosen not to and to try and deter you from claiming back what is yours by issuing standard denials.

 

Why should you now let them off the further costs that you have incurred. If you stick to your timelines and the guidance on this site you will get ALL your money back and they will not feel that they have had a mini victory.

[Determination]

Yes I absolutely agree with what you say. The problem being for me now id that having worn my daughters down, I am now handling three concurrent cases, and it's a fair old task. I many ways I hope that they refuse our comprimise offer......because it will be even more evidence for the eventual court case. I guess you just have to go with your instincts in this. But the advice is always very welcome.

Cheers

[nicsussex]

Providing your claim is well put together there is no reason why it should see the inside of a court anyway - as a matter of interest how much is your claim for?

[Determination]

Just received a settlement for the FULL amount plus court costs plus interest!!! ( over £2,000 ) They sent two letters on the same day.

 

1st said that they will be defending the case in court.

 

2nd said that "without prejudice" they offer to refund the full amount + interest + court costs.

 

I think the banks are slowly and reluctantly.....starting to understand that the courts are getting sick to death of them.

 

Determination

[christinajanep]

many congratulations

[Determination]

Thanks Christina! :)

[BARTY]

Congratulations!! :D

Barty:)

[zootscoot]

Congratulations!!!!!!!!!!

:D

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