LTSB Case Stayed for Settlement

[Number6]

Yesterday I had a "Standard Order for stay for settlement with consent of all the parties" from the court. The Judge has ordered a stay until 8th November to enable the parties to attempt settlement!

 

I don't understand the terms of this order, perhaps someone could help me here?

 

It says:

 

On or before 22 November 2006, one of the following steps must be taken:

 

either

 

the claimant must notify the court that the whole of the claim has been settled;

 

or

 

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert or other person helping with the process. The letter should confirm the agreement of all the other parties.

 

or

 

all the parties must file an allocation questionaire at the court. Where a settlement of some of the isues in dispute has been reached, a list of issues should be attached to the completed questionaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

Firstly, if the claim is stayed until 8th November then how come both parties have until 22nd November to file???

 

 

OK, so what happens if SCM simply continue to refuse to talk to me, or as seems likely, no agreement on settlement can be reached? There is no option on the stay order for notification of failure to settle at all. The only option in that case appears to be to file an allocation questionaire; why? I've already filed my full claim particulars, I've already filed my schedule of charges and interest, I've already filed an allocation questionaire. I've copied the court in on all my correspondence with SCM that clearly shows that SCM have totally ignored my requests for their offer of settlement.

 

So why are there further delays culminating in me having to fork out yet another £100 for yet another AQ that's only going to say exactly the same things as the first AQ!!??

 

What do I do now? Can anyone offer some guidance here please?

 

Pete

[gizmo111]

I had one as well for citi - have you replied cos i am getting letter together tomorrow.

[Number6]

I haven't replied yet, I will do on Monday.

 

Is yours the same wording? If it is then hang fire and I'll share with you what we think the best reply plan is.

 

I'm out for the rest of the day though, back about 8pm.

 

Pete

[Zedwoo]

I have one also, word for word. My stay is up on the 24th. Action must be taken by 7 th Nov.

 

I was going to send a modifed letter from the templates library :

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

[gizmo111]

I haven't replied yet, I will do on Monday.

 

Is yours the same wording? If it is then hang fire and I'll share with you what we think the best reply plan is.

 

I'm out for the rest of the day though, back about 8pm.

 

Pete

 

Yes it is the same - I'll wait till later then. Thanks

[Number6]

Righto, back a bit later than I thought but there we are.... bad weather and poxy idiot bad drivers on the M5!

 

Bankfodder thinks we should use these stays to gain a bit of one-upmanship over the banks and / or their solicitors.

 

Have a look at the last post (by BankFodder) on my thread HERE

 

Let me know if you have any questions and I'll see if I can put a good template letter together.

 

Pete

[gizmo111]

Ok - mine is for citi is stayed until 17 nov to enable partys to reach a settlement. Now I know citi will come back with the argument that their costs are higher than 12 and they have already offered difference of 25 and 12 - so anything you can put together would be good - I didn't know whether to approach citi or ask the court to lift the stay - butthis is Bristol where a couple of weeks ago at a hearing they put a stay on for 3 months - so the citi approach I suppose os the best.

[cub533]

I have one also, word for word. My stay is up on the 24th. Action must be taken by 7 th Nov.

 

I was going to send a modifed letter from the templates library :

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

 

Hiya

 

Ref the removal of stay doc in the link

 

can I ask if the amount of £3778.06 is Zed's and we have to edit that out for our own ?

 

also is there a typo is the para Lloyds TSB Bank

 

 

"this money was being used to find free banking for its customers"

 

Fund maybe ?

 

 

just askin, rather send a doc that could be picked on and trown out ...

 

 

 

Cub

 

 

Cub

[cub533]

Ps in the temp doc it refers to a list of cases.. do you have to attach them to the doc ?

 

sorry to ask .. newbie warning

 

Cub

[cub533]

Newbie here again Soz

 

another typo from the stay doc..

 

" The Claimant can supply a copy of this recording of the court wishes."

 

do the temp doc's need a check over ?

 

 

Cub

[gizmo111]

Newbie here again Soz

 

another typo from the stay doc..

 

" The Claimant can supply a copy of this recording of the court wishes."

 

do the temp doc's need a check over ?

 

Well you have to make any amendments to your particular case and then I would have though it would be prudent ot proof read and spell check what you are sending as mistakes can happen and you need to be happy with what you are sending.

[cub533]

Totally agree, the average newbie could make the basic tweaks to suite his/her case, if this is a Read only template the owner should proof read it to remove any other typo that has crept in

 

Then the document would be bullet proof.

 

 

What of the other questions I raised, like the reference to "test cases attached"

do we attach .. where are they.

 

I just want to get it right first time really sorry.. panicing again

 

Cub

[freebird]

if you go in here ther are about 22 Lloyds cases...I think these are the ones referred to in the "stay removal" letter

 

http://www.consumeractiongroup.co.uk/forum/litigation/

 

good luck

[cub533]

Ok ..there are pages and pages of concluded cases, do you print of some case numbers and attach to your own removal letter ?

 

 

Cub

[freebird]

Lloyds TSB Bank Charge Claims Settled Before Court Hearing

 

6QZ02246

£3,709.00

22/02/2006

6QZ14997

£5,661.81

08/03/2006

6QZ16711

£535.00

14/03/2006

6QZ20434

£3,025.00

29/03/2006

6TF02015

£510.46

30/03/2006

6QZ13940

£2,318.75

03/04/2006

6QZ25163

£1,379.87

19/04/2006

6QZ25892

£4,885.00

03/05/2006

6UB01903

£3,778.00

11/05/2006

6QZ21371

£1,122.50

11/05/2006

6QZ30807

£3,749.62

14/05/2006

6QZ30806

£2,601.83

14/05/2006

6QZ30781

£4,356.34

19/05/2006

6LV21557

£324.34

15/07/2006

6QZ43768

£907.52

08/08/2006

6HG02754

£3,440.48

23/08/2006

6QZ30832

£4,072.99

11/09/2006

6HH01360

£2,524.87

22/09/2006

6QZ36557

£1,916.52

04/10/2006

SA287/06

£671.50

09/10/2006

6QZ35227

£1,639.32

09/10/2006

 

 

hope this helps(thanks to Caro)

Freebird

[Number6]

Righto, back a bit later than I thought but there we are.... bad weather and poxy idiot bad drivers on the M5!

 

Bankfodder thinks we should use these stays to gain a bit of one-upmanship over the banks and / or their solicitors.

 

Have a look at the last post (by BankFodder) on my thread HERE

 

Let me know if you have any questions and I'll see if I can put a good template letter together.

 

Pete

 

Sorry about the delay but bear with me if you can. I was out for much of yesterday and the rest of my time yesterday evening was spent on another pressing matter within CAG. So few hands and so much to do

 

I'm out for much of today also but I'll do my level best to write a draft letter template later today for those cases stayed for settlement.

 

Pete

[Rbphot]

As regards stays, I just received mine from the local court.

 

The claim has been stayed till the 16th Nov 06, with the same conditions as put in previous posts, we have until the 30th Nov to put in paperwork to indicate if the matter has been settled.

 

The part about filling in a AQ, does this mean we have to re-submit and pay a second time.

 

Also I have looked at BF advice, and agree, even though I started to attempt to get them to enter dialogue weeks ago, and nothing, I will be sending out a letter to SCM tommorrow, just got to draft it.

 

At least we have complied with the courts order to sort it out without it going before the judge, this will look good for our case if they don't.

 

I have seen somehwhere on a post about asking the courts to award Exemplary Damages for solicitors that breach the civil procedures rules, does anyone know or have any information on this.

 

Thanks