GSD vs Lloyds ****WON****

[GSD]

Hi All,

Got court date, it's soon. It got to Court without an AQ as it was ruled that one was not necessary so the Case Management Information Sheet (CPR59) is the first thing I have had to complete since going through MOL procedures.

 

HELP!!!!!

 

I might be being a bit slow but I cannot find any assistance as to how to complete this???

 

I have received an offer of full payment but responded to Solicitors by fax last week and stipulated that the money must be in my account by a deadline which is fast approching or I will continue to Court.

 

Is there somewhere or can someone tell me how one should complete the CPR59?

 

I am cutting things fine I know but have had other grief to deal with too which I won't bore anyone with on here as it's nothing to do with the subject matter.

 

Many thanks in advance.

[nicsussex]

Did you send a copy of the letter that you sent to solicitors to the court as well?

[GSD]

No as the Solicitor stated that the letter was without prejudice and confidential and privileged "it will not be produced in court.Therefore you are required NOT to show this letter to anyone not connected with the case" or words to that effect

[GSD]

I actually faxed the signed acceptance along with a letter from myself stating deadline for payment late one night over the weekend.

[nicsussex]

I would recomend that you send a letter of the covering letter that you sent to SC&M (preumably) to thecourt as soon as possible - pointing out that you have accepted their offer but that you are not prepared to drop your claim until full settlement is made.

[GSD]

I am ok to do that even though they said that the letter was not to be discussed? Won't damage my case in any way by doing that?

[nicsussex]

I am ok to do that even though they said that the letter was not to be discussed? Won't damage my case in any way by doing that?

 

You have a duty to inform the court - did you agree to any of SC&Ms conditions?

[GSD]

I agreed to all of their conditions and asterisked next to my signature directing SCM to my other letter which stated that I had considered their offer and would accept offer as fulll and final once payment of the full amount had been made into our account no later than the deadline I stated (10am).

I stated that as long as this payment was made I would write to the Court, copy them the letter and I believed that based upon the time restrictions given to me to respond to the Court, I was being realistic in my proposal/acceptance.

I stated in fact "If payment not made into our account then we will be left with litte choice other than to proceed with submitting papers and case would continue"

[GSD]

I think I more than made my acceptance conditions very plain and fair. They will in fact save money as if they settle now, they save on some interest charges.

[nicsussex]

I assume that it was the standard conditions that you agreed to - can you let us know what they were?

[GSD]

1. Above amounts would be xferred to our account

2.Payment would be full and final sett of claim

3 Terms strictly confid

4 Agree to maintain account withing agreed we are gonna close it as soon as sorted

5 Further fees can be avoided by BLAH BLAH

6 Make contact with branch manager to review account see 4 closing account

7 Must notify Court with copy to SCM

 

Please let us know if you are prepared to settle (I faxed acceptance and my letter at night before their deadline (only just)

[nicsussex]

Seeing as you have agreed to No 6 then you probably should - as for No7 is that not what I have suggested?

[GSD]

7 is "Must notify Court that case settled" and then copy SCM, so you mean twist ever so slightly what they inferred and notify Court that I have accepted with condition that they pay?

 

I think I am thinking along the same lines as you now??

 

How about the rest of the Case Management Sheet?

Is there somewhere that explains what the heck to reply to legal jargon questions asked upon it?

 

I have tried phoning the number that they gave within their conditions tonight and basically it's just the phonebank number. I enquired as to whether or not they could tell me if the money was set for transfer and they said they could not.

This is why my rush to find out how to fill out CPR 59 as I have had no confirmation that they are going to pay the money in and time is now extremely short for me to complete the Court paper.

[nicsussex]

7 is "Must notify Court that case settled" and then copy SCM, so you mean twist ever so slightly what they inferred and notify Court that I have accepted with condition that they pay?

 

You are not twisting anything - write to the court staing that you have accepted their offer to settle in full and that once payment has been recived you will stop proceedings against them

[Michael Browne]

How about the rest of the Case Management Sheet?

Is there somewhere that explains what the heck to reply to legal jargon questions asked upon it?

 

See here:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/14266-sparksgem-3.html#post656406

[GSD]

Does that remove the need for me to complete the Case Management Sheet then as I have accepted an offer?

I would presume that it does?

 

Forgive me asking potentially a daft question.

[GSD]

Thanks for that post Michael.

 

Thank you Nic also for continuing to help me with this....

[GSD]

Many thanks again to both of you for your assistance last night.

 

Update.

 

My deadline for payment into my account passed at 10am this morning.

Rang Solicitors (SCM) to enquire whether or not it was likely that their client would be making payment.

Reply was "well as in our letter it can take up to 5 days from your acceptance"

MY response was, "would you like me to fax you a copy of your own letter as nowhere in it does it state anything about 5 days"

Reply "well it should"

Response "well it doesn't and as it does not take 5 days to take money FROM me I fail to see why it takes 5 to pay it back"

 

Outcome of call was that it looks like the bank has yet more excuses even if you accept offer and add deadlines for refund. Looks like I am going all the way with this one and will spend the evening working out new totals for charges with interest up to the directions hearing date. I will unless advised otherwise by you clever people on here, include the full charges to the date of the directions hearing along with a copy of the "settlement offer" letter and my acceptance covering letter to the Court.

Hopefully, this makes the Court look even more favourably in my direction as I did at least try to end the case out of Court.

 

Any further advice gratefully received

[GSD]

Could do with a bit more help if possible....

 

As NicSussex suggested last night, I would like to include the offer the Solicitors made in the info I send to the Court and also the letter I sent back accepting their offer on condition they paid by 10am today.

Do I just include a cover note from myself explaining to the Court why I have added it and explaining that the bank failed to make payment and that their Solicitor merely claimed that their letter stated 5 days required?

Should I mention my telephone call to the Solicitor?

Do I make some note on the Case Management Sheet?

Or do I just include it all?

Finally is now the right time to recalculate the interest and send copy of revised charges (does this need to be mentioned on the CMIS?) Or do I present all this at the directions hearing?

 

Thanks in advance

[nicsussex]

As NicSussex suggested last night, I would like to include the offer the Solicitors made in the info I send to the Court and also the letter I sent back accepting their offer on condition they paid by 10am today.

 

 

Assume the settlement letter was marked 'Without Prejudice' so you can't include it but you can certainly include your response

[GSD]

You are quite right Nic. Their letter was indeed marked without prejudice as was mine.

I should just add mine to the CMIS with a note stating offer had been made and accepted as per enclosed without actually enclosing a copy of theirs unless a Judge asks for it at a later date then?

 

Thank you again for your continued help:)

[nicsussex]

You've got it - as a matter of interest why did you mark your response without prejudice?

[GSD]

Aaah ignore that....Just looked up legality of "Without Prejudice" and without their consent I cannot use anything such marked as evidence so can't include mine either.

I should just say in a letter that I accepted their offer with a condition and they failed to respond according to that condition I guess??

[GSD]

I marked mine likewise as I was wary of damaging my case if they did not pay out...as i feared and they didn't

[GSD]

Looks like I may have slightly shot one of my toes off with that one