vikkijarda v Lloyds **WON**

[Michael Browne]

II'm going to try to get my Mum's charges back for her now.

 

You're on a roll!!!

 

Excellent.

 

Please fill in bank survey... and may be a donation

 

Look here:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Well done, enjoy the dosh.

[vikkijarda]

I will do both as soon as I get my money without hesitation. This forum is excellent and deserves as much support as we can give.

[vikkijarda]

Help please. Has anyone got an example letter whereby the offer is accepted but not the conditions and interest to date of settlement is requested. I also want to request a refund of charges since the claim.

[wolfcub]

Hi Vik,

 

Got a similar problem. Got an offer with conditions and without interest. Edited the non relevant stuff but wrote 21/09:

 

........

 

In response to your offer letter dated September 7th 2006, I do not accept this offer of £xxxx. The full sum acceptable will be £xxxx, plus interest calculated to the date of settlement and costs of £220.00.

 

In addition, I do not accept your terms number 3 and 4 in the offer letter and I will not sign an agreement if these terms are included.

 

Point 3 - My case is based on UK Contract Law and that Lloyds have acted unlawfully by levying penalties charges on my account. If penalty charges are made to my account in the future, then they will also be unlawful and unenforceable.

 

Point 4 – I do not have to accept any such confidentiality clause. My case against Lloyds is a matter of law and I am frankly rather disappointed that your client should seek to introduce this term.

 

.......

 

Had a conversation with SF&W (sorry meant SC&M) today. Outragous. Taped it for prosperity. They have allegidly sent another offer letter.

 

Bottom line - their conditions are unacceptable. Tell them so.

All the best.

[vikkijarda]

Hi Wolf

 

Thanks for the reply only just picked it up. I have drafted a reply used a bit of yours and bits from others plus my own touches. Here it is, it's a bit long winded.What do you think or anyone elses comments are also very welcome.

 

Vikki

Dear Sirs,

 

I write with reference to your letter dated 25th September 2006 and have duly noted the contents.

 

You mention that your clients Lloyds TSB, have very kindly offered to settle my claim.

We are willing to accept your kind offer of £1873.32 along with the additional interest of £37.81 totalling £1911.03 as a full settlement of this claim.

 

The conditions upon which we accept your offer are

 

1) that our original court proceedings will continue as previously stated until the full amount is credited to our account.

2) We will accept a review of our bank account if our branch feels this to be necessary.

3) All reasonable effort will be taken by us to keep the account within the agreed overdraft limit.

4) We will also be looking to reclaim the unlawful charges applied to bank account 01232525 since 8th June 2006, which total £540.00 (this includes £100.00 that is to be debited from the account on 2nd October 2006). We are prepared to commence another claim regarding this amount should your clients not wish to co-operate by refunding this amount along with the amount of the claim as stated above.

- My case is based on UK Contract Law and that Lloyds have acted unlawfully by levying penalties charges on my account. If penalty charges are made to my account in the future, then they will also be unlawful and unenforceable.

5)I do not have to accept any such confidentiality clause. My case against Lloyds is a matter of law and I am frankly rather disappointed that your client should seek to introduce this term.

We will be forwarding a copy of this letter to the court in preparation for the court hearing. This will enable the court to see that we are prepared to negotiate with you prior to the court hearing for any amounts claimed and the conditions thereon.

 

We look forward to hearing from you within the next 7 days.

 

Yours faithfully

 

 

__________________

 

[wolfcub]

Good letter Vik - I have every confience that it will hit the mark!

 

I've just updated my thread - I got evey last penny credited to my account today. Full unconditional settlement £3450. I didnt sign anything at all - in fact I didnt even get another letter from SCM.

 

Feelin' good

Wolfs

[GaryH]

Here's mine, just in case you want to adopt any parts of it;

 

Sechiari, Clark and Mitchell

Department SO

PO Box 499

Upper Ground Floor

1 – 5 Queens Road Quadrant

Brighton

BN1 3XJ

 

 

 

18th August 2006

 

 

 

Dear Sir/Madam,

 

Account Number: ****** ********

GaryH-v-Lloyds Bank PLC

Claim Number: ********

 

Thank you for your letter dated 14th August 2006, in which you offer settlement in relation to my claim against your client, Lloyds TSB Bank PLC.

 

Regretfully, I am unable to agree to settle upon the terms to which you request. In previous correspondence with your client, I have made absolutely clear on numerous occasions that this matter will not be resolved until such time as I receive a full and unconditional re-imbursement of the money taken from me by way of unlawful charges. Whilst I realise that I must mitigate my loss, I am under no obligation to accept any conditions and furthermore, you have no right to attempt to impose them. I am prepared to settle this matter for the amount of the claim, namely £364.03 as per your offer, but this amount should be offered unconditionally. Please note that my position on the matter of conditions is final and that no further correspondence or negotiation will be entered into in this regard.

 

I feel I must also comment upon how disappointed I am at the manner in which both you and your client have conducted yourselves throughout the process of this claim. You have displayed brinksmanship at every single stage of the process which I find to be most distasteful. Also, as these seem to be the tactics deployed by you and your client in every other case similar to this one, these tactics are seemingly an attempt at intimidation which, in my view, constitutes a cynical abuse of the court system.

 

Furthermore, I find the tone of your recent letter to be inappropriate and the content to be, in part, deceptive. I particularly refer to the first paragraph in which you state the letter to be “confidential between yourself, ourselves and the bank.” However, you must surely be aware that there can be no unilateral imposition of confidentiality in these circumstances and for you to state otherwise is an untruth. Should this disingenuous representation continue in future correspondence, I may be minded to make a formal complaint to the Law Society.

 

 

 

 

Yours Faithfully,

 

In hindsight though, its probably a bit blunt. I should have given an explaination of why I found the conditions unacceptable. Still, I think they got the message loud and clear!

[GaryH]

Just one thing - if their letter is without prejudice, you can't send your one to the court as you are directly referring to it.

[vikkijarda]

I thought that as this is the hands of the Court any correspondence between the Claimant and the Defendant must be disclosed to them. Can anyone confirm this please.

[GaryH]

Not if the correspondance is 'without prejudice'. Even though your letter isn't marked as such, it still discloses the content of a without prejudice letter.

 

The point of marking a letter 'Without prejudice' is so its not to be disclosed in court, as the contents may prejudice a case.

[barracad]

No if it is without prejudice that means it can't be shown to the court. Refer to GaryH's earlier post (#6)

[vikkijarda]

Thanks guys I will delete that bit from the letter. The hearing is listed for 11.00am 6th October 2006 they are cutting it a bit fine. Is it likely they will try to adjourn to a later date.

[vikkijarda]

I've done it. I was credited with the full amount + interest to date of settlement tonight. It wasn't there at lunchtime then I looked tonight and there it was on the statement SETTLEMENT OF CLAIM £1916.52.

That was close the hearing was set for 6/10/06.

Do I need to tell the court? Sorry but I'm a bit overwhelmed at the moment.

I am delighted I'm never really very lucky but maybe this is the start of a change of luck. I intend to claim credit card charges next and reclaim my mum's bank charges.;-)

Thank you to everyone it's been a great experience I fell like I've got to know some people.

[vikkijarda]

Whoopee I've done it I was credited with £1916.52 tonight. It wasn't there at lunchtime. I looked online tonight and there it was. "SETTLEMENT OF CLAIM".

It was close the court hearing was set for this Friday 6/10/06 at 11.15am.

Thank you so much everyone for all the support and advice. Good luck with all the claims.

I intend to reclaim my mum's bank charges within the next couple of weeks just wating for the latest charges to go on. I will also look at claiming from the credit card yes it's Lloyds TSB and a couple of others later.

Thank you so much everyone for all the advice and support.

I couldn't work out how to change the title of my thread. So in the excitement just started a new one.

Whoopee now I can pay all my bills.

[Tiger231589]

Congratulations and well done. Enjoy

[alf]

well done Vicky

 

Have a brill time spending it

[AndyE]

Inform the court as soon as you can.

[elsinore]

CONGRATULATIONS VIKKI !!!

Elsinore

[sweetpants]

Well done Vikki

 

Sweetpants

[jan001]

Well done with your win!

 

Its nice to hear success stories about Lloyds/TSB as I am sending my "Letter before Action" letter today!

 

Wish me luck!

 

Janine. x

[skbuncks]

:) CONGRATULATIONS VIKKI:-)

[Joan Blanch]

WELL DONE - it gives hope for the rest of us.

 

Fantastic news.

 

J

[natsmanc]

Congratulations Vikki!;-)

I'm hoping they'll settle with me in the next month

 

Natalie x

[debtfreemummy]

That's brilliant news. I'm just starting out on mine so it's great to see this post

 

debtfreemummy x

[reload]

Hmmm - thought I'd already said congratulations in here. Oh well, congratulations!

 

(PS: don't forget to take the survey! )