Night Owl V's Lloyds

[Night Owl]

Hi broke dave,

I've just checked out the news and we may loose our water in the next 12 - 24 hrs. Oh my God!!

I have never known anything to this extreme ever.

We can all move to my parents if it gets bad.

Night Owl

[broke dave]

You could all of moved to my house. But you haven't got the money at the moment .

Stay safe and well. Off to bed now but will check the news and this site in the morning to see how you are.

 

Night night.

 

bd.

[Night Owl]

Thanks broke dave,

will keep in touch tomorrow.

I have a hair appointment tomorrow!!! could be fun with no water!!

Night Owl

[Night Owl]

Hi all those on dry land!!!

Hair cut but water now going off around us.

Not off at our house yet but give it time. Ready and waiting.

Night Owl

[broke dave]

Keep your chin up (literally ). Heard earlier that so far the sub-station is safe so hopefully they will be able to keep pumping water from somewhere. I do some work for Hereford & Worcester Fire & Rescue; they have been working flat out. The good news is that everywhere seems to be drying up around here but we are a fair few miles up stream from you.

Hope the hair do was cosmetic and not a drastic way of avoiding washing it .

If the water runs out then you'll have to drink everything neat!!

[Night Owl]

Hi broke dave,

our big supermarket & small local shops within walking distance have no water from lunchtime. We are still ok.

Told O/H not to worry about stocking up on water go for the wine and lager!!! That will do for me!

Night Owl

[broke dave]

Keep the wine and lager within touching distance just in case the power goes - wouldn't want you tripping over looking for a bottle .

 

In all seriousness though I hope you and yours stay safe.

 

BD.

[Night Owl]

Tripping over it!

I'm not letting go of it!! Hic

 

Night Owl

[Night Owl]

Hi all,

now I'm really worried!

The court ordered a stay until 31st Aug so I'm using the time to mediate with SC&M so as to look good with the judge even though I probably won't get any replies, but now with the test case going through will my case be stayed again from 31st Aug until the test case is decided?

A sleepy Night Owl!

[passivenomore]

Hi Night Owl...

 

The way I see it, the bank may well ask the court for a further stay inlight of the test case. This doesn't necessarily mean they will get it. Even if they do, I believe that the stay could still be challenged. I would think that in your position, you'll be in a good position to object anyway.

 

Ps. Hope the water levels going down... keep your beak up!!!

[broke dave]

Stick with it Nightowl. All is not lost - from my reading it is up to individual courts as to whether they grant stays until after the test case. This site is working on opposing these stays if they occur.

 

Hope everything is ok with water and electric (and wine!)

 

:D

 

bd

[Night Owl]

Thanks passivenomore and broke dave,

thats encouraging news.

I may now be in a better position to object the next stay put on my claim.

I shall watch as things unfold.

 

Water on but O/H still has no water at work!

Night Owl

[Pen]

Hi Night Owl,

 

just poped over to let you know i'm thinking of you. hope your ok

[Night Owl]

Hi Pen,

keeping my beak above water!!

Playing the waiting game for the next letter from court. May have to wait until the end of the stay 31st Aug.

I shall object if they put another stay on.

Night Owl

[fzrkitten]

Hi Night Owl, just popped in to say hi, noticed you got issued a stay. I been away but came home to a new order, not too happy but have to see what happens now.

 

Hope things have dried up a bit for you there now too.

 

x

[Night Owl]

Hi fzrkitten, glad you had a great holiday, but back with a bang now!! :o Good luck with your new unfair order. Glad GaryH is on the case for you.

 

Hi all advice needed,

At the end of my stay (31st August) I want to pre-empt another stay being put on my claim inview of the test case by using the link

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

but

1. how and where do I word that I have already tried mediation (waste of time!) through the last stay and object to another stay?

2. do I have to wait untill 31st Aug has passed and the court has responded with court date/hearing to object to the possibility of a stay?

OR

3. can I send it before the 31st Aug and pre-empt the Judges/SC&Ms decision of a stay?

Thanks

Night Owl

[fzrkitten]

Thanks, and Bump!

[Night Owl]

Bumping Post 91 please!!

Thankyou

Night Owl

[photoman]

Hi fzrkitten, glad you had a great holiday, but back with a bang now!! :o Good luck with your new unfair order. Glad GaryH is on the case for you.

 

Hi all advice needed,

At the end of my stay (31st August) I want to pre-empt another stay being put on my claim inview of the test case by using the link

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

but

1. how and where do I word that I have already tried mediation (waste of time!) through the last stay and object to another stay?

2. do I have to wait untill 31st Aug has passed and the court has responded with court date/hearing to object to the possibility of a stay?

OR

3. can I send it before the 31st Aug and pre-empt the Judges/SC&Ms decision of a stay?

Thanks

Night Owl

 

Night Owl

 

IMHO

Don't panic. You do still have a while to compose this letter, as the stay is in effect until end of Month.

Remember you current stay has been agreed in order to allow negotiation, it has not been ordered pending anything else. So the courts would expect negotiation to have really happened.

I suggest, that you actually do make several reasonable and polite requests and efforts over this time to negotiate with SCM, (however do not be swayed or panicked into accepting something you wouldn't do normally).

Then towards the end of the stay, I would submit to the courts a list all dates of any letters between you both, and a brief outline of the results (eg; long delays in or no responses from them, or unreasonable offers, false statements, bullying tactics etc etc).

Take care not to submit the contents of anything marked as without prejudice, but if that is the case, you could maybe highlight to the court how they have insisted on this confidentiality in an obvious attempt to shroud their true intentions of requesting a stay from the courts (ie; they requested it to stall matters rather than to make a serious effort to negotiate)

 

Nobody yet knows how the courts are going to react to the OFT news, and whether they plan to issue stays as a matter of course or not. First impressions seem to be that the courts are acting quite independantly, rather than to any general pattern.

Remember, it is upto the courts to actually order stays, not the defence.

 

So if the defence request yet another stay, see under what reasons they request it first.

If they request it for negotiation again, then highlight to the court how they abused this in the last instance, and it is just being requested again as a further delaying tactic, highlight the banks lack of action and delaying tactics. If instead they requst a stay pending OFT, then use the draft (and also include a brief outline of how this should just be seen as just another delaying tactic based upon their previous behaviour during last stay)

 

The courts do not like being told what to do by the Banks/ FSA etc, nor do they like abuse of the processes (CPR), by frivolous requests for stays for negotiation that are unproductive and evidently just delaying tactics.

 

Thats my opinion anyhow.

 

PM

[Night Owl]

Thanks photoman for great advice.

 

"I suggest, that you actually do make several reasonable and polite requests and efforts over this time to negotiate with SCM, (however do not be swayed or panicked into accepting something you wouldn't do normally)."

Me accept anything I wouldn't do normally? not on your nelly!!!

Not even been offered a goodwill offer!!

 

Will sit tight and wait till the end of the month.

Thanks

Night Owl

[Pen]

Hi Night Owl. hmm I agree you should write to SC&M but i think I would do so only as a form of keeping communications open and maybe asking them if they do not think what your asking for is fair what do they recon is and let them explain why. I would also send a copy of each letter you write to the courts so they know that you at least are trying to communicate with them.

 

In all of my dealings with SC&M I had never received a single reply to any of my correspondence so I had some really nice letter to show the Judge how hard I had tried even though it was like hitting your head against a brick wall.

 

I don't think I would be negotiating with them if i was in your shoes as I feel LTSB owe you the money so they should be doing the negotiating but by writing to them your are opening the door for them to make you a offer which I personaly don't think they will do. So if their defence do request yet another stay you will have a nice bunch of letter to show the court how pointless a further stay would be.

 

But this is only my opinion and you need to do what ever you feel comfortable with. I just feel if it was me I would want my money back and i would want it all why should they get away with making a offer when they are a multi billion pound company who can well afford to pay back what they have taken from you.

[Night Owl]

Thanks Pen.

Yep the 2 mediation letters I have sent have gone on deaf ears. Copies have gone to the Court. I will try sending another as you suggest asking if they consider my claim to be fair and if so why the hell not ( may word it better!!)

Thanks

Night Owl

[Night Owl]

Hello all,

been a busy bunny reading threads!

So far stay until 31st Aug (ordered before the test case announcment).

Used time for mediation - no replies so far to 3 letters. My last letter to SC&M was asking them if they thought my claim fair and if not why not.

Also no replies from 2 letters to the bank asking for T&Cs and original documentation from opening my account 1977!

 

Just read this,

http://www.consumeractiongroup.co.uk/forum/general/15172-reply-stock-defence-18-a.html#post116506

 

Q1 Is it worth trying sending this, the CPR 18 bit, refashioned to SC&M with copies of the letters sent to the bank for T&Cs and original documentation? :?

I don't expect a reply from this letter if I send it but again it may shake them up and it keeps the pressure on until the court makes directions at the end of the stay.

Any ideas welcome please.

Thanks

Night Owl

[zootscoot]

Give it a go and see what transpires!

 

It can't do any harm. You've already shown patience and that you are acting reasonably and trying to resolve the dispute, whereas they have shown no attempt to negotiate.

 

Best of luck

 

Zoot

[Pen]

I agree, you have nothing to lose by it. nothing's going to happen till the 31st anyway. I do like your letter throwing the ball back in their court asking why the don't think your claim is fair. It's reasonable to believe if they replied to it it would start the negotiation process, this just demonstrates they don't want to negotiate thereby wasting your and the court's time and expences. Not much point in the court ordering another stay under those circumstances which is what you are trying to aviod anyway. great