Urgent - court today @2pm

[KKJ]

I am due in court today at 2pm

Yesterday LLoyds put in £2166.17 directly into my account with no letter, phone call or anything as courteous as that.

According to my calculations however, the latest schedule of charges came to £2366.56. not including the £220 for court fees. This means there is £200.39 plus £220 missing.

I rang [problem] to tell them it wasn't the right amount and a very officious person told me that was the amount lloyds had instructed them to pay which was the amount of the original claim- which incidently started on 4th april 2006! I told her I had sent an updated amount of charges 2 weeks ago along with the court bundle but she wasn't having any of it.

My question is - if they haven't notified me at all about the break down, do I still have a claim that stands for the hearing at 2pm? I will ring up the court in a minute and I want to ring lloyds as well. If I do, can use this as leeway over Lloyds? Any help out there?

[davethorp]

As I understand it if they have not settled the claim in full including all interest and costs you are justified in continuing to court as they have only made a partial settlement. Normally you would send the rejection of settlement letter in the library however you obviously are on a very short timescale

 

Not sure how a judge will take it though as their settlement is only a few hundred pounds off the amount claimed. Someone with a bit more experience on here can probably help more

 

Good luck if you do end up in court today

[BARTY]

Hi

Are all your charges claimable? Did you claim for service charges that aren't claimable? Overdraft interest?

Barty:)

[Mindzai]

Yes you can continue to Court. You have had no explanation of what this money is (ie the breakdown) and if it is not the full amount, I would still go. Just make sure you take your current schedule of charges and explain the situation to the judge.

[claimitall]

I am just back from Small Claims Hearing this morning so maybe put my ore in to the debate. I claimed £490 odd pounds back from Bank and got the usual fob off letter and after 2 letters to them detailing what i would do put in a small claim for the original amount and interest and court cost. I got a letter from them a week after they had received the summons but they dated the letter a week before the summons. The envelope was not franked so no proof. they enclosed a cheque for the original amount and said encashment would be my accepting full and final settlemement. I wrote back saying i accepted the payment only as part payment and would continue my claim for the balance. They defended the claim and i had the chance to withdraw however the nice lady in the small claims said they hadn't paid the full amount so her advice was appear in court. This morning the banks solicitors defence apart from the usual points about charges being lawful etc was that by cashing their cheque in full and final settlement and therefore i was barred from proceeding with the action.

 

The sheriff seemed to agree with that as a point of law and suggested a continuation for 2 weeks for me to take some legal advice on the matter.

 

A couple of points here then, one is that should a bank just refund the money into your account is that not you accepting the money unless you send it back the same as a cheque and if i continue with this claim is the fact that i cashed the cheque a point of law in full and final settlement.

[Mindzai]

A couple of points here then, one is that should a bank just refund the money into your account is that not you accepting the money unless you send it back the same as a cheque and if i continue with this claim is the fact that i cashed the cheque a point of law in full and final settlement.

 

Them just paying the money into your account can't possibly be seen as full & final settlement as you havent agreed to anything.

[KKJ]

I rang [problem] who really weren't that impressed but when I mentioned that i have every intention of going to court today at 2pm he said , fax me an updated list of charges inspite of the fact that i had sent them two weeks ago. He did give me a breakdown and basically says it is the amount of the original claim plus interest plus the court fees.

I am faxing it through and saying pay up or else.

Just as a post script:

He said don't get stroppy with me Ms J,

I said, I am not getting stroppy and he said I heard you sigh!

To which i replied that its not illegal is it?

 

They are so antagonistic and really seem to resent all this business but we will not bow down!

 

Will give an update as soon as i have one

[claimitall]

Them just paying the money into your account can't possibly be seen as full & final settlement as you havent agreed to anything.

 

Absolutely mindz but if they say spending this money is in full and final how can that not be the same as cashing a cheque. I am not trying to be negative on this just trying to get my head around what is right and wrong. Have i done the wrong thing here in cashing the cheque should i have sent it back and is this then a new tactic by the banks

[Mindzai]

Well this issue is a bit of a problem.

 

If you have already issued a claim, then yes (imo) you should reject any settlement offers that aren't for the full amount. This includes sending the cheque back, writing to them to tell them to remove the money from your account etc. Importantly, you must not spend this money as you are rejecting it.

 

If you havent started a claim yet, and the repayment is made as "full & final", again you should write rejecting it all (not accepting part payment) imo, and again not spend any.

 

If you havent started a claim and the payment is made without condition (as Lloyds have been doing), you really have no choice but to accept the money and claim for the reduced amount.

[Robertxc]

The claim isn't settled until either they pay in full or you say it's settled. If they've paid part, that's fine, but it doesn't get them out of paying anything the rest. Don't agree to end ANYTHING until you've been paid in full.

[claimitall]

The claim isn't settled until either they pay in full or you say it's settled. If they've paid part, that's fine, but it doesn't get them out of paying anything the rest. Don't agree to end ANYTHING until you've been paid in full.

 

Thats not what the sheriff seems to be saying in my case Robert. I accepted and cashed the cheque based on their understanding that it was in full and final settlement despite the fact i wrote saying i accepted it on account and would persue for the rest (which in fact was interest only on the original sum). The sheriff interjected saying it didnt matter what the dates were did i or did i not cash the cheque. That was his point of law.

[Guest Zooman]

OK If your still around, go to court and say Lloyds have made a part payment into your bank yesterday and you have had no correspondence about it but you telephoned the banks solicitor and have confirmed with the solicitor that it was towards the claim.

 

Ask the judge for Judgement and the balance forthwith. Do not worry, the judge will give you this.

 

But it on paper.

 

ie.

 

Lloyds TSB Payment 18/01/06 £80

Claim as 19/01/06 £100

balance owing £20

 

Please write it down to hand to the judge it is your job as the claimant to know how much is owing.

 

As to the rest do not worry one bit as they never made any offer about settlement they just paid you.

[Guest Zooman]

plus as a bonus if you get judgement and while your in the court building go into bailiffs office and issue warrant, you can do this as the claim is forthwith.

[Bookworm]

IAccording to my calculations however, the latest schedule of charges came to £2366.56. not including the £220 for court fees. This means there is £200.39 plus £220 missing.

I rang [problem] to tell them it wasn't the right amount and a very officious person told me that was the amount lloyds had instructed them to pay which was the amount of the original claim- which incidently started on 4th april 2006! I told her I had sent an updated amount of charges 2 weeks ago along with the court bundle but she wasn't having any of it.

 

Hang on a minute, I understand things differently, are the £200.39 charges which have been levied since you filed claim? If yes, and you didn't amend your claim to add these, then they are quite right they don't have to settle them in this claim. YOu could try and get it negotiated in your settlement, but if they say no, you can't go to court for that, and would have to start a second claim.

 

Your court fee is a different matter, and if they haven't paid it, then yes, proceed to court.

 

If I have misunderstood your post, my apologies.

[Robertxc]

Thats not what the sheriff seems to be saying in my case Robert. I accepted and cashed the cheque based on their understanding that it was in full and final settlement despite the fact i wrote saying i accepted it on account and would persue for the rest (which in fact was interest only on the original sum). The sheriff interjected saying it didnt matter what the dates were did i or did i not cash the cheque. That was his point of law.

Yes, but KKJ is saying that they deposited directly into her account, which she has no control over. I quite agree that if she had cashed a cheque, then she would have been implicitly accepting their offer, but if they just deposit the money, then she hasn't accepted anything.

[Bigmac versus]

So what claimitall is saying is that they cashed the cheque which was sent as full and final offer, however they sent a letter back when doing so saying this was acepted as a partial settlement, my question here is if that letter was sent to the bank and they knew that was the persons stance on it and they allowed the cheque to be cleared then surely they have accepted the terms set out by the claimant. This is a very valid question he has raised and was wondering what everyone elses thoughts on this was, sorry to hijack thread.