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Wrote back to S&C with my terms


zohra
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Hi all

 

Lloyds responded last minute today against notice of issue. I have contacted the court which stated that they have now until 14th of june to defend their case. Can someone explain if this is part of AQ's? and what I need to do in order to succeed if I present myself to the court??:rolleyes:

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Hi

Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and then 28 days from the date it was served to enter a defence. You will then receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

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

 

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

 

If you don't receive an AQ, read this:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

This will help when you get a Court date:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Good luck, let us know how you get on, and if you have any questions just shout.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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  • 3 weeks later...

Hi all

 

I have forwarded back the AQ's to the court with a draft orders of direction with a deadline of 1st of July.

 

Do I need to contact the court as to whether they have received the AQ's, until this morning, £100 fees were not redeemed from my account.

 

Should I worry?

 

Additionally, what will happen if the judge denies draft orders of direction?

 

If everything goes fine, where can i get the bundle and LLoydstsb T&C's current account 2002. I have requested the information from the bank but no reply from them

 

 

Help appreciated

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Hi

Give the Court a ring to confirm that they have received it.

If the Judge denies the draft order, then it will be just a matter of waiting for a Court date.

This link should help:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Good luck, let us know how you get on.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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  • 2 weeks later...

Hi all

 

Sent my AQ's with with a draft order of direction attached before 1st of July, received a letter from Lloyds solicitors Scheriari dated on 29th June 2007

 

To give you a summary, "The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no breach of contract here" Looking ahead, a situation which gives rise to a dispute is not one the bank wishes to continue. In view of this, you are requested, please, to make contact within 14 days with your local lloyds tsb.. Which I did, however the poor guy working for lloyds told me that he will take note that I contacted them.

 

Contacted back the solicitor on same day, and asked them what this was all about. they asked me if I have received the settlement letter (none until today).

 

Contacted again the solicitor this morning, asking where was the settlement letter, the lady told me that i should have received it. I told her unless, the firm is playing with time, I do not have it.

 

My worries are i have raised a draft of order of direction 14 days rules which was accepted by the court. Would i need still to carry on if i do not received the settlement letter before 15th of July?

 

But Hopefully, i will get the money before than

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i got both my letters from them yesterday. one saying they will defend the claim and the other offering me a full settlement. some people have received the same but not always on the same day. if they offer you a settlement and you are accepting it, remember to keep your court action going untill the cash has been returned to your account. only then should you send a letter on discontinueance to the court

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I have received the settlement letter however there is "strictly without prejudice" where can i find a template refusing their terms

 

Here's one...

 

DATE

Dear Whoever

Ref: Your offer of settlement

 

Sort Code: xx-xx-xx

Account: xxxxxxxx

Claim No: xxxxx in xxxxx County Court

 

I acknowledge receipt of your letter dated xx/xx/xxxx and your settlement offer of £xxxx.

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xxxx and xx/xx/xx. (dates of first and last charge)

However, I will only accept an uncoditional offer and will therefore not be signing your acceptance agreement.

 

I accept this offer without prejudice, and I reserve the right to make any further claims, should you apply future charges, that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999, or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Dicontinuance to the Court upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely,

 

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Brilliant, i am sending the letter via fax and recorded delivery. Hopefully they will pay before the court date which I still did not received

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In terms of the offer to agree to their terms, what will be a reasonable figure. additionally, should i send back their letter of settlement with my letter

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did i read it right, an offer of due consideration in addition to the amount of ? (money that I am claiming) or an uplift amount. sorry my french is kicking this morning

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I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxx,(this is your claim figure, NOT an amount for confidentiality) in order to be afforded this privilege by myself.

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  • 2 weeks later...

All

 

After a letter of "Without prejudice", i have responded to S&C with mer terms by recorded delivery. However they still did not respond and the money is still not in my account. Additionally, I have not received any date from the court. My claim was issued on 1st of July, 14 days to the bank to provide all requestes "14 days order of direction". What I am supposed to do now. Kind of confuse with the court

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When did you receive your offer of settlement because it could take a couple of weeks to receive payment. I would give court a ring and let them know your current situation.

Come on the mighty reds!!!!!!

 

Lloyds TSB - Success - 14/7/07

Lloyds TSB - Pending -

Halifax - Pending -

 

 

Tip my scales if I have been of assistance :D

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Threads merged. :)

 

It makes things much eaier for you and for others to follow your progress if you stick to one thread. I fyou can not find your thread in the future, click on your user name and then click 'find all threads started by' and it will come up.

 

All the best Zoot :)

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