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Letter from SC&M...How should I respond?


gavva1
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I'm just passed submitting my AQ, and got this from SC&M Today...

 

 

 

We acknowledge receipt of your recent un-dated letter and note the content therein.

Whilst our Client is prepared to refund the charges that were applied to your account in accordance with your schedule they are not prepared to also pay interest at the contractual rate of 29.85%.

 

For your information we enclose our Client's schedule of charges together with interest at the statutory rate of 8%, from the date of each charge up until today's date, 23rd July 2007. In accordance with our Client's schedule your account has been credited with the sum of £981.30, plus the Court fee of £120.00, totalling £1101.30.

 

Our Client is prepared to defend your claim for contractual interest and we refer to the precedent ofHalliday v HboSplc [2007] All ER (D) 66 (Jun), which is authority fpr the Claimant not being entitled to claim interest at the un-authorised overdraft rate, and Lordsvale France Pic v Bank of Zambia [1996] 3 AER 356.

 

Should you not be willing to accept our Client's reasonable payment as outlined above we will be seeking an Order for costs in accordance with Rule 27.14 2 (g) of the Civil Procedure Rules, at any future hearing of this matter.

 

In any event we would ask that you acknowledge receipt of this letter, and confirm whether you intend to proceed, or will accept the above payment in full and final settlement of your claim.

 

 

 

I Need to respond to this pretty quickly, as I included the draft order with my AQ - I have checked the templates library, and nothing seems to fit this situation closely - Is this a common situation? Hope so!! If not, what's the best response? Pls also note, my costs are now up by £100-, for filing the AQ!

Also, The funds have been deposited into my current account, fyi. This was done the day BEFORE this letter arrived.

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I do also have (stupdily, I know) A few more charges recently, which have not been covered in the claim - how about requesting that these are also returned? And, if I accept their offere, cxan I still get the expenses order via the courts?

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Depends £1101 refund against rocking the boat for a few charges.

 

As if you were to continue the court case with these extra charges you would have to pay £30 to have the amount changed on your case paperwork im sure the banks will know this so it realy depends on how much your extra charges are.

 

I would cut and run, but depends on how long you want to drag it on.

 

Once your charges are paid its lovely to put the matter to rest doing these claims can be a great challenge, as well as stressfull and life changing but they do flood your life and at times your every thought.

 

Have a break, enjoy some free time, and reclaim once the test case is won in our favour:D

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how about requesting that these are also returned?[

They will probably refuse, so a new claim would be necessary

And, if I accept their offere, cxan I still get the expenses order via the courts?

If you mean Wasted Costs, you can try.See here:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs-updated.html

 

but since you have not had to submit a court bundle, it's unlikely to be granted.

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  • 2 weeks later...

OK, thx for the advice so far - One further development, I submitted my AQ around 2 weeks ago, (the day BEFORE the offer was made, and funds transferred into my account) and got a letter from the court Today - In the broad strokes....

 

"UNLESS the defendant files the AQ within 3 days of service of this order, the defence be struck out"

 

Now, I phoned SC&M on Monday to say that I was happy with the offer, but they said they require this in writing. I have a letter to the same effect written, but not yet posted - I was going to leave out requesting the AQ fee also, in light of the recent test case announcement (playing it safe)

 

IF the defence IS struck out, does that mean I'm entitled to the full claim? (IE - charges + CONTRACTUAL, as opposed to STATUTORY)?

 

If so, this makes around £1500- worth of difference, so any help on this (hopefully final) point would be greatly appreciated

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Gavva -er YES sort of - you win your claim (thought we were all agreed it was only court rate, ie statutory interest that could be claimed)! Having said that, if their defence is struck out, to be double safe you should immediately write to the Court asking for a declaratory/confirmatory ordr that there be judgement for the whole amount of your claim. If you have claimed contractual interest, you will get this by default (as opposed to a precedent that it is recoverable) Well done you. Please advise what Court this is? I really hope they do not file it because an Unless Order is a serious measure, so the judge is on your side without you doing much (no offence!). If only all judges applied the Rules like this, as they should. Congratulations!

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Great, thanks for the info juicyd.

 

It's in the Ipswich County Court, and you're dead right - It doesn't feel that I've done much! (except a LOT of reading here, this is an EXTREMELY savvy forum)

 

The order I received has a date of 7th August, so I'm assuming that if Lloyds haven't filed their AQ, then "time's up" for them? I will ring the court Monday 1st thing, and check if their defence AQ has been submitted or not...

 

If it hasn't, is there a letter Template for a "declaratory/confirmatory order" ? It seems I've done OK so far, I don't want to make myself look stupid at this point in the claim. One last Q, having verbally confirmed to SC&M that I'm happy with the offer, have I jeopardised my position? IE - Am I risking the £1100- already received, by going for the full £2500? (amount + CONTRACTUAL)

 

It seems that now I'm in a strange position so I'm looking for a little guidance on whether I should cut and run, or push for the full amount?

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Gavva I have sent you a PM about this and have since checked the Court website for a form for requesting judgment, there isn't anything directly applicable to your case so just write to the Court saying 'I refer to the Order of Judge whoever dated whenever and note that the Defendant is now in breach of the requirement to file an Allocation Questionnaire by x date, in default of which the Defence is struck out. Accordingly I should be grateful if you put this letter before the judge with a request that judgment now be entered on the claim'. You were going to check by phone whether they had filed it before the date and if it has been filed, make sure the Court staff know that the date of filing is crucial to you, since if they are even a day late they are still struck out. let us know how you get on please?! good luck

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