LloydsTSB (merged)

ronnie3108

My partner who is claiming £3376.55 from lloyds won judgement by default on 30th May. We wrote to Lloyds & SC&M giving them until 15th June to settle in full or we would issue a warrant. My partner spoke with SC&M on Thursday and they state that they do not agree with the amount he is claiming (a little late in the day to be saying that considering they never acknowledged or defended his claim with MCOL). I faxed details of the charges to them that very instant - which they are fully aware came from lloyds own bank statements in the first case).
Later on Thursday my partner spoke with someone at SC&M who said that if judgement had been entered then it was down to their client (lloyds) to settle.
Today - still no payment, so my partner has called lloyds recovery centre today - who say that if judgement has been entered then it's in hands with the Solicitors to settle. So.. he called the Solicitor again today to threaten a warrant - they are still claiming they don't agree with the amount and that he will be hearing from the court (can this be correct 3 weeks after judgement was entered)? They have told him that if he has a warrant issued (whcih I believe is his entitlement now) then they will have it set aside.
I have therefore already sent a letter to the court advising that if Lloyds take this action when we issue the warrant then i want the set aside struck out as their action is an abuse of the court process - They had plenty of time to defend or acknowledge when the claim was issued - but chose instead to do nothing.
I am getting icreasingly depressed with this. Some of the success stories show that they are paying out - even though they submit a defence to MCOL. In our case, we are ready to send the bailiffs in and they are telling us to scurry away like naughty little children. and appear to be refusing to pay us - which is about to leave us in an extremely critical financial position. Is anyone else in this position with Lloyds & SC&M?

xingmeng

hi

sorry but didn't know how to do this so i just posted a reply!

LTSB have just defended my claim of £600 today and i am concerened as i will be going away travelling in August and don't think that i will get a court date before then

does anybody have any suggestions to what i should do next? do you think it would be worth going to a no win no fee solicitors?

please help!

ellie101blue

Hi,
Just to let people know, that I originally wrote to Lloyds TSB bank, got a negative reply, wrote again to threaten court, they ignored letter, wrote another, they ignored this again. Phoned the financial ombudsmen, they dealt with it immediately because my original letter had been 8 weeks prvious. Was first offered less than half back, declined the offer through the ombudsmen and have now been offered full amount. The Financial Ombudsmen have been great, and I would like to say that if you dont wish to go through the courts then phone the financial ombudsmen.

lindilou39

ronnie3108 wrote: »

My partner who is claiming £3376.55 from lloyds won judgement by default on 30th May. We wrote to Lloyds & SC&M giving them until 15th June to settle in full or we would issue a warrant. My partner spoke with SC&M on Thursday and they state that they do not agree with the amount he is claiming (a little late in the day to be saying that considering they never acknowledged or defended his claim with MCOL). I faxed details of the charges to them that very instant - which they are fully aware came from lloyds own bank statements in the first case).
Later on Thursday my partner spoke with someone at SC&M who said that if judgement had been entered then it was down to their client (lloyds) to settle.
Today - still no payment, so my partner has called lloyds recovery centre today - who say that if judgement has been entered then it's in hands with the Solicitors to settle. So.. he called the Solicitor again today to threaten a warrant - they are still claiming they don't agree with the amount and that he will be hearing from the court (can this be correct 3 weeks after judgement was entered)? They have told him that if he has a warrant issued (whcih I believe is his entitlement now) then they will have it set aside.
I have therefore already sent a letter to the court advising that if Lloyds take this action when we issue the warrant then i want the set aside struck out as their action is an abuse of the court process - They had plenty of time to defend or acknowledge when the claim was issued - but chose instead to do nothing.
I am getting icreasingly depressed with this. Some of the success stories show that they are paying out - even though they submit a defence to MCOL. In our case, we are ready to send the bailiffs in and they are telling us to scurry away like naughty little children. and appear to be refusing to pay us - which is about to leave us in an extremely critical financial position. Is anyone else in this position with Lloyds & SC&M?

Go for it....send the bailiffs in, it costs approx £50 go ask the court in the morning and put your mind at rest..

lindilou39

Ronnie...just spoke with a learned friend and apparentley in certain circumstances, yes, they can have it set aside if they disagree with the amount..

Lin

ronnie3108

Thanks for the replies everyone.
Lindi-Lou, yep I don't doubt that they can have it set aside. My issue is that they are stalling. The amount that my partner is claiming is correct. Because of course we obtained the charges information from Lloyds own bank statements and I have also since, sent the lists of these charges over the 3 accounts to SC&M. In other words they have had the evidence of these charges from me as proof - which came from Lloyds in the first place. So how can they be in dispute?
I have posted a letter to the court yesterday advising of what action we will be taking today (ie issuing a warrant) and advising the court that we have been fair in asking LLoyds to settl - which they refuse to do, and therefore when we issue the warrant I do not want LLoyds to be given the opportunity to set the warrant aside, as this is a vexatious abuse of the court process - and they ahve had the evidence of charge & the mounting court costs & interest on two separate occasions now. They have also had since 08th May when the claim was originallay issued to defend or acknowledge. They have chosen to do nothing, but instead dispute this 6 weeks later.

garfieldslasagne

Hi ellie101blue, looks like my situation is very similar to yours. I wrote to LTSB 1st May, they replied with their standard "thanks for your letter, but we're not paying". Wrote again, they ignored me, wrote again 1st June, as yet I've been ignored again, so I've decided to try the Financial Ombudsman route as it's been 7 weeks since my initial letter.

Here's to success :beer:

ronnie3108

Update on my post above regarding LLoyds and their obnxious and obstructive solicitors.
My partner has called Northampton Court this morning just to confirm that Lloyds have done nothing with our claim thus far. They ahve confirmed that we are perfectly entitled now to issue a warrant against LLoyds. So her goes, and we will keep you posted in the hope that it helps other people who come up agains the same problem of trying to get blood out of the LLoyds & SC&M stone.

Bulla79

Bulla79 wrote: »

I'm in the same position. Sent my letter accepting full payment back to them on the 7th June. Phoned them a few days ago and they said its taking 3-4 weeks to pay up.

Following your post I sent a faxed copy to the number on their letter head today.

Why does everything with them have to take soooo long!!!!

What a result. I don't know if the fax to SCAM yesterday had anything to do with it, but today I have found just under £4k has been paid into my account!!!!

Such a relief after a 6 month chase. Its the turn of the credit cards now!

Good luck everyone, keep going until you get what it is rightfully yours.

princesskez26

Bulla79 wrote: »

What a result. I don't know if the fax to SCAM yesterday had anything to do with it, but today I have found just under £4k has been paid into my account!!!!

Such a relief after a 6 month chase. Its the turn of the credit cards now!

Good luck everyone, keep going until you get what it is rightfully yours.

Well Done :j :j :j :j :j :j :j