Shira V Lombard CC ***** settled *******

[Shira]

Re: Shira V Lombard CC

Tried to call Lombard CC & Cobbetts solicitor for couple of days but they are not answering it! I have decided to write them a letter but can't find a suitable template letter for part payment. Could someone check the letter below to see if it's ok please thanks.

Dear Cobbetts,

Account no xxxxxxx and County court claim no xxxxx

Thanks you for your letter dated xx/xx/2008 and I tried unsucessfully to contact you on number of times. Lombard have offered £xxx.xx but have appear to forgotten to add the court fee of £30.

I must inform you that I will accept it as a part payment till I received the £30. I will give you an extra 7 days?? and then I will stop proceedings when I recevied it.

Should you wish to discuss this matter my mobile number xxxx
Yours sincerely.
Shira's O/H

[Amy]

Re: Shira V Lombard CC

Dear Sir,

Account No. xxxxxxx and County Court Claim No. xxxxx

Whilst I thank you for your letter dated xx/xx/2008 and your offer in settlement of the above claim in the amount of £163.21, you have neglected to include my costs of £30 for filing my claim.

Therefore, please ensure that an updated offer letter is sent to me including the filing fee of £30.

Once notification of cleared funds to my account is received I will write to the court informing them that my claim is settled.

Yours faithfully,

[Shira]

Re: Shira V Lombard CC

Thanks Amy xx

[Amy]

Re: Shira V Lombard CC

You're welcome xx

[Shira]

Re: Shira V Lombard CC

Got the cheq for the court fees
Thanks for your help

[Shira]

Re: Shira V Lombard CC

Got a problem, they've stopped the cheq for the court fees yesterday. Rang the Court to cancel the discontinuance notice which they did & told me to contact the Cobbetts to find out what going on but cant get through to them & this morning a copy of Allocation Questionnaire form from Cobbetts. I thought I could get one for myself but havent recieved one yet. I dont know what to do to next!

Thanks

[Budgie]

Re: Shira V Lombard CC

Do nothing till you have spoken to Cobbets on Monday morning.

Can you scan and either post up or email / PM me the allocation questionaire to have a look at ( just to check ) .

It's probably nothing to worry about at all Shira

Budgie XX

[Shira]

Re: Shira V Lombard CC

Thanks Bud

[Shira]

Re: Shira V Lombard CC

Ok, rang Cobbletts over a fortnight ago about the cheq for £31.20 that they stopped, they said they will send another one out within two weeks although they didn’t know why it’s stopped. We haven’t received it yet but I got allocation questionnaire to fill out and has to be in by next Thursday otherwise it will struck out. I would be grateful for the help how to fill it out coz it is my first one.

Thanks
Shira x:spider2:

[Shira]

Re: Shira V Lombard CC

I would be greatly thankful if someone could check the allocation questionnaire for me before I post it please.
Many thanks

A - Settlement = No
B - Location of Hearing = No
C - Track – Yes
E – Experts – No
G – Other information – The Defendant has failed to send another cheque for the court fee after they stopped the first cheq.
H – Fee - No

[Shira]

Re: Shira V Lombard CC

Bump

[Guest]

Re: Shira V Lombard CC

Your AQ is fine - however, the reason for the hearing is because they stopped the cheque.

Once issued, a cheque is a promise by the drawer of the cheque that the person to whom it is addressed will be paid the money as stated on the cheque. This is the case irrespective of the purpose for which the cheque is paid and there are only very limited exceptions.

Therefore, section G should simply read a claim for the sum of (value of cheque) under the Bills of Exchange Act 1882.

Under the Bills of Exchange Act 1882, cheques are contracts in themselves. As the cheque has been stopped the contract has been broken. You need only give notice to the bank that the cheque has been dishonoured and then you are entitled to sue them on the dishonoured cheque, get judgment and enforce it.

The only exceptions to this situation are a failure of consideration, duress or if the transaction was illegal - none of which is the case here.

Under law, when you write a cheque to someone (or as in this case, the bank writes one to you) you effectively promise that the cheque will be honoured and if, for whatever reason, the cheque is not honoured you imply that you will compensate that person in full. So as this cheque has not been honoured you can immediately sue the bank and there is virtually no defence that the bank can raise to that claim.

[Shira]

Re: Shira V Lombard CC

Hi Cet, Thanks very much for the information but it's too late to send the form off to Court as it has be in last thurs.

But thanks anyway
Regard Shira

[Amy]

Re: Shira V Lombard CC

Have you sent it or not?

[Shira]

Re: Shira V Lombard CC

Hi Amy,

No, i think we left it too late

Regard Shira