Night Owl V's Lloyds

[fzrkitten]

Well done though - at least you've got SOME contact!!! Hope they do settle soon for you, probably before they write back anyway - keep checking your account!

 

Fzrkitten.

x

[Night Owl]

Thanks all,

 

on a role this am!!!

 

Just sent a letter to SC&M with another schedule of charges!!

also a nudge letter to Lloyds (re post 8) for copies of original documentation relating to my acc. to include contract and T&Cs!! I opened my acc. 1977 but changed to a joint acc. when got married in 1984.

Any T&Cs I receive will go to a Mod straight away for the library.

Night Owl

[christinajanep]

wa hey night owl looks like the end is very very near for u

[Night Owl]

Thanks Christinajanep,

I hope so cause I have just sent off a prelim letter against Abbey!

Oh my God!!

Housework gone to pot, kids and Hubby fending for themselves, working on the law degree!!!! not!

Night Owl

[passivenomore]

Hi Night Owl...

 

Just re-inforcing christinajane's opinion above. Several threads recently have involved these "mindful to settle" letters from **** and (say it quietly...) many seem to be followed up shortly by a settlement letter.

 

Keeping everything crossed for you....

[Night Owl]

Thanks passivenomore,

 

I will be waiting for the postman every day.

Except for tomorrow cause I was told in the post office that there is a postal strike tomorrow!!!!

Will check my very sad bank acc. too on a regular basis.

Night Owl

[brownie24]

Night Owl

 

Just been reading your thread with interest. I am helping out a friend at the mo with their lloyds claim. They have also received an identicle letter to yours from SC&M stating there are discrepencies and they need schedule of charges sending to them to see what they are claiming. Well I was a bit worried about the amount my friend is trying to claim as he has added in account charges - these started at £4.00, then £5.00 and are now at £7.00 ........I was worried that these should not be claimed as they are a fee for using the account but I note that you to are claiming these so wondered if you could throw a little light on to them for me and if you can claim them.

 

My friend needs to get his court bundle in next Tuesday so want to make sure he is using the correct figures before he does so.

 

Thanks

 

Brownie24

[BARTY]

Night Owl

 

Just been reading your thread with interest. I am helping out a friend at the mo with their lloyds claim. They have also received an identicle letter to yours from SC&M stating there are discrepencies and they need schedule of charges sending to them to see what they are claiming. Well I was a bit worried about the amount my friend is trying to claim as he has added in account charges - these started at £4.00, then £5.00 and are now at £7.00 ........I was worried that these should not be claimed as they are a fee for using the account but I note that you to are claiming these so wondered if you could throw a little light on to them for me and if you can claim them.

 

My friend needs to get his court bundle in next Tuesday so want to make sure he is using the correct figures before he does so.

 

Thanks

 

Brownie24

 

Hi

These are not claimable, they are the monthly fee that you pay for having an upgraded account, eg a Select or Gold one etc.

 

Barty:)

[brownie24]

Cheers Barty

 

Thought so, Just off to make an amendment to POC for my friend.......wanna make sure things are spot on though especially in light of Lloyds past situations

 

Brownie24

[Night Owl]

Oh my god Barty, :o

now I'm worried. I started this on MSE and just assumed everything was right.

SC&M have until 23/07/07 to reply to the first mediation letter after the stay was ordred then I will send the second nudge letter.

HELP!!!

Night Owl

[photoman]

Just subscribing.

 

See you've read the posts by GaryH on dealing with stays. good advice.

 

Suggest you contact SC&M and open a dialogue about negotiation. Any refusal or failure to reply, or enter into meaningful dialogue by SC&M will not be seen favourably by judge and could work in your favour. Double check what you have claimed for and maybe just send them what they ask, so as to be seen to be making efforts to resolve.

I've actually found email with solicitors quite productive if you have their details.

 

Remember to head any letters by way of negotiation as " Without Prejudice", this way they cannot be produced in court to sway judges decision if it gets that far.

 

PM

[Night Owl]

Thanks Photoman,

yes I read GaryH advice on stays and sent the first mediation letter.

I thought it would be in my best interests too.

They have not replied so far but I will continue and send the second nudge letter on Mon if no reply by then. Copies have gone to the Court too but not with 'without prejudice' should I put it on the nudge letter?

 

Still waiting to hear from the Bank about copies of orginal documents too. Nudge letter sent.

I'm still worried though that everything is going wrong

 

Night Owl

[photoman]

Did their first letter to you contain a without prejudice heading ?

 

If so, then all subsequent correspondance in relation to that matter is covered by same proviso.

 

If not, then don't worry anyway, the letter you've sent from gary's template would not contain anything that could prejudice your case if got produced in court.

 

Suggest you use it from now on to be on safe side.

 

Don't get concerned. I don't think things are going wrong. On contrary, I reckon you will recieve an offer quite soon.

 

PM

[Night Owl]

Hi photoman,

just got the letter from the court out which is the;

'It is ordered that the action be stayed until 31st Aug or until further order: the stay will also afford the parties an opportunity to try to settle the matter without a court hearing'

Must go to bed! Not even on a night shift tonight!!!! Will log on again in the morning.

Thankyou

Night Owl

[photoman]

Hi folks Me again!!

Just received a letter from SC&M. Ever get the feeling they don't actually read their post?

 

Request for further information.

We have been instructed to write to you as our client is, entirely on a without prejudice basis and with no admission whatsoever to liability, minded to enter into settlement negotiations with you but before doing so, we are told that there appears to be a discrepancy in what you are seeking by way of a refund of bank charges.

 

We note from your pleadings that you are claiming (alleging) that various deductions were made from your accaount over the past few years, but you do not specifically say when and how.

Check your post!!! I sent it to you recorded 25/06/07 and it was signed for on 27th!

In light of this, can you please provide us with the following information by return:-

1. Each and every individual amount of the charge that you are claiming and are disputing;

2. The date of each and every charge Blah Blah

3. How did you calculate any interest;

4. How you calculate the sum Blah Blah

5. Confirm your sort code and Bank Acc Number!!!!!!

I did all this on a CAG spreadsheet!!!

How many copies do they need?

 

Sending another copy as requested today by recorded post.

 

Night Owl

 

The purpose of "without prejudice" is that any correspondance relating to that matter cannot be produced in court. ie; it cannot prejudice (or influence) the case.

 

This means for example, if they admitted liability, or either of you made any errors or statements in your negotiations, then this cannot be used as part of the case for either party before the court should it actually get to trial.

 

It appears that they have already stated in the letter that they have indicated that negotiations are on a without prejudice basis. This means that any correspondance either way between you in relation to the matter of reaching an out of court settlement are private and privileged between the pair of you, and cannot be later used in a court.

 

As I said earlier, the letter you've already sent should be covered by this protection, even if it is not then there is nothing harmful in it, (and in fact it may actually be be of benefit for you to be able to produce it later at trial, as evidence that you have made an effort to negotiate).

 

However, to be on the safe side, always head any letters that you do not actually want to be produced at trial "without prejudice".

 

Anything that you do intend to produce or use should not be headed that way. For example you would not head your Particulars of Claim, or your Spreadsheet of charges (or any covering letters) in the same way.

 

If unsure, then ask on your thread.

 

PM

[Night Owl]

Thanks for that Photoman,

should I add 'without prejudice' to the next nudge letter for mediation on 23/07/07 (if I have no reply to the first) or leave it out as letter one didn't have it?

Thanks

Night Owl

[photoman]

Thanks for that Photoman,

should I add 'without prejudice' to the next nudge letter for mediation on 23/07/07 (if I have no reply to the first) or leave it out as letter one didn't have it?

Thanks

Night Owl

 

As long as it is a reasonbale and polite letter, and you do not admit or concede to any of their statements, (or agree to settle for a certain sum for example, that you may later change your mind about), then I see no reason why it should be headed without prejudice.

In fact the whole purpose of these letters to try to instigate a negotiation. It is to allow the defendant and the courts to see that you are being reasonable and trying to negotiate, and that despite the courts desire to try to get you to settle this without a trial, the defendant is not being reasonable. In this respect, it is a letter that you may want to later produce and make the court aware of. So, I would say no, do not head it without prejudice.

PM

[Night Owl]

Thanks Phototman,

my next mediation letter is the second nudge one from GaryH so it's very polite!!! No reply from the first yet. I agree the first letter was not headed 'without prejudice' so I wasn't going to add it to the second as I could not use it in court to show that I have entered negotiation with the defendant even if I get no replies at all!

Night Owl

[Pen]

Hi Night Owl, I poped over to thank you for all those lovely comments you made on my thread and for being so supportive, I did try PMing you but you don't seem to have any contact details.

 

You seem to be having a rough time of it by the looks of thing's poor you, nothing is ever straightforward as it first seems, but hang on in, like me you will get there.

 

I will pop over now and again just to see how you are getting on if that's OK.

 

And thanks again for you support it really was loverly to have.

 

Pen x

[Night Owl]

Hi Pen,

I feel honoured to have another fully fledged legal person joining my thread!!

Welcome aboard, it could be a bumpy ride!

Just got my second nudge letter for mediation printed and ready to send on Mon. Keeping the pressure on by getting letters sent on MY time limits.

Pop back when your able it will be great to hear from you.

Thanks

Night Owl

[Pen]

Join Date: May 2007

Location: Gloucestershire

Posts: 66

 

 

Re: Night Owl V's Lloyds

Hi Pen,

I feel honoured to have another fully fledged legal person joining my thread

 

:D I supose I am now!!!! not that it would do any good on a consumer site. but !! if you are ever going to get hanged give me a call:p I will see what i can do!!

[Night Owl]

Pen if anyone is gonna get hanged it may be me doing it!!!

Hooked on the sky news at the mo. Watching the floods. Gloucester supplies our power and water so watching developments. The Court may well be shut for a while as the river Severn in Gloucester has burst its banks! Still sent all my post off today.

Watch this space. It may be the soggy one!!

Night Owl

[broke dave]

Forget being hanged. I'm an ex-prison officer so I'll fix the trap door if you legal eagles can't fix things . Keep going kid, we are all with you. I'm just down the road from you and things have just started to dry up - hope you are O.K.

[Night Owl]

Hi broke dave,

great to hear from you again.

I'm no legal eagle, Im a nurse!

They moved a load of prisoners from Gloucester Jail today because of the floods. I think they should have been made to help the emergency services to help the victims of the floods!

Im dry and have all services at the mo.

Night Owl

[broke dave]

Sorry Nightowl, misread the above post. Thought it was full of legal people.

I'm out of the penal system now and, guess what, working in the health profession.

Hope you stay safe and keep your power and water on - just watched BBC news and things are looking iffy.

Thinking of you.

 

bd.