LloydsTSB NOT playing the game...

[adztec77]

Hi All,

 

My wife is taking Lloyds TSB to the cleaners over a matter of £3500 in unlawful charges. We have done everything by the book, completed Moneyclaim online and our case was passed to the court. My wife received and duly filled in her AQ (Allocation Questionnaire) and returned it to the court along with £100 (of money we can hardly afford) and we got the Allocation Questionnaire back from LloydsTSB's lawyers.

 

Now,

 

Further to reading other people's posts they have said that on their returned AQ, LloydsTSB lawyers state that they wish to open discussions about an out-of-court settlement, but on ours they haven't put this.

 

All it says is that they intend to defend the case in accordance with the terms and conditions of the account etc etc. (I'll post the full wording later when I get home)

 

I was hoping we could do what others have done and phone them directly and ask them to settle as they have stated in the AQ that they would like to do this, and other people have just phoned them and settled. As they have not stated this in our case, would it be wise to contact them in this way or do we have to wait for a court date and go and represent ourselves?

 

I was hoping for a swifter resolution to this as we could really do with this money back, as it's lawfully ours after all and I've got baillifs to pay.

 

Why are LloydsTSB being so mean to us, and why cant they just settle as they know we are right. Grrr etc.

 

Any suggestions as to our next move? Should we call them or should we wait? I hear that due to overwork in the courts our case might not be heard until March next year.

 

It just gets worse and worse, LloydsTSB is the WORST bank in the world.

[kevcam]

Hi adztec77,

 

It is not unusual not to get Lloyds TSB lawyers stating that they wish to open discussions about an out-of-court settlement. They didn't on mine.

 

And anyway they just use that statement to delay things as they ask the court to allow some extra time for negotiations.

 

So don't worry.

 

It does take time and can be frustrating.

 

Have you tried giving SC&M solicitors a call? It didn't get me anywhere to be honest just a small offer with unreasonable terms which I have refused. So I am waiting too.

 

- Stuart

[121o121]

Lloyds on about "discussing settlement" is delaying tactics. Most of the threads I've read on here have been stayed by appointment of the judge in order for this to happen. In most cases the claimant hears nothing from SC&M and the request has been a waste of time.

 

I personally wouldn't bother calling them. If you are dealing with SC&M, they are just as good as Lloyds playing the waiting game.

 

You have nothing to worry about. Your next correspondence should either be from the courts detailing track allocation or from Lloyds or SC&M detailing settlement.

 

I know its frustrating but let them do the chasing.

 

Out of curiosity can you tell me of the threads where claimants have been settled by calling them? I must have missed those.

 

Regards

 

PS. Getting a court date doesn't mean you have to defend yourself. I know of not one claimant who has had to do this yet.

[adztec77]

Thanks both, I guess we will wait and see what happens, I just don't want this to fall into a black hole, we desperately neeeed that money back.

 

Is it unreasonable or considered as harrassment if we do call SC&M, they have been abundantly clear that they wont be paying this, so I am worried about calling them. How would the conversation go?

 

"Further to case blah blah blah I was just wondering if you would like to settle out of court?"

 

^ is that the normal approach?

 

As for the other threads, I have got them favourited on my PC at home (i'm at work at the mo) but I will post the links later when I get home. The guy there said that they saw the statement that they would consider settling out of court, so he rang them and said "go on then", and they did! He was amazed! He saved himself months of waiting.

 

AdZ

[Mindzai]

Are you sure they haven't indicated they will want to discuss settlement. This is just a box they tick, not a statement as such.

 

Even if they haven't don't panic. You could certainly as for settlement but be wary of being too subservient. Just send them a simple letter along the lines of "I would like to open the way for communication should you wish to discuss settlement or any other matter relating to this case". This will not be classed as harrasment but to be honest it probably wont do you any good.

 

It's just a waiting game, but rest assured they will refund your money.

[BARTY]

Hi

I think on a lot of the most recent cases they have stopped ticking the box about wanting more time to settle.

Barty

[Andy Ross]

they didn't tick the box on mine but they did say they couldn't attend in November or December.

[adztec77]

Ok heres the full skinny:

 

Settlement

Do you wish any further action in this claim to be postponed for one month etc etc - NO

 

Location of Hearing

Any reason why it cant be at ashford county court? - NO

 

Track

Do you agree that the small claims track is the most suitable track for the claim? - YES

 

Experts

Using an expert at the hearing? - NO

 

NO NO NO for the rest

 

Hearing

Are there any days within the next four months when you or an expert witness will be able to attend a court hearing - YES (and then no details?!)

 

Other Information (and this is the weird bit)

The defendant intends to rely upon it's defense and the terms and conditions that govern the account.

 

Fee

Have you attached a fee - NO

 

 

So, not really much of anything. Is that what most people get or is it strange?

[adztec77]

Mindzai, for settlement they tick "NO" - is this a bad sign it suggest to me that they have no intention of any settlement.

[GaryH]

No don't panic. They're ticking no on all the AQ's lately. They've changed tack. I personally would'nt contact them now, it won't get you your settlement any quicker and could have the effect of implying your not confidant in the strength of your claim. Don't worry, your settlement is'nt too far away now, on recent evidance they're paying up within reasonable time of the AQ anyway.

[Mindzai]

Yes I would agree with Gary, just wait it out now (this the hardest bit of all in many ways). They've said it themselves - "The defendant intends to rely upon it's defense and the terms and conditions that govern the account". If that's all they've got, they'll lose! Your settlement won't be far away.

[adztec77]

Ok all, thanks for the words of encouragement I will keep you posted. The only other action to have happened is the court returned my cheque as I had written the wrong payee on it (d'oh!).

 

I've sent them another one.

 

We will just be patient and wait to see our money again...