Corsicanpine v LTSB ** WON**

[corsicanpine]

Thanks Guidot,

 

I have read that but cannot get my head around it. Which letter do I send??

 

Thanks

[corsicanpine]

Advice anyone please.

 

Thanx

[corsicanpine]

Anyone help please????

[corsicanpine]

BUMP!

 

Anyone advise please

 

Thanks

[corsicanpine]

BUMP!

 

Anyone advise please.

 

Thanks

[nicsussex]

All you need to do now is wait for direction from the court

[corsicanpine]

Thanks Nic,

 

Sorry if I am missing something here, but on an earlier thread I posted that I was pursuing lloyds tsb on my wifes behalf. I was informed that I could state this on the back of the AQ form. As they have dispensed with the AQ, how do I let them know that I am acting on my wifes behalf??

 

Once again, apologies if it seems I've lost the plot, but not sure.

 

Regards

[berty bassett]

hiya... if it may help any,,my local court had dispenced with my aq..only to send me one 2 weeks later..i just finished filling it in..im sure nicsussex gave you the right idea..wait for direction from court....BB

[nestie]

Hi Corsicanpine,

note that you are based in swansea. So am I but my court didn't dispence with the AQ - I had to complete one (had to be in by last Thursday - mine went in on Tuesday but so far SCM playing silly buggers and haven't filed theirs yet). Are you based at Swansea County court? We seem to be around the same stage so will keep an eye on your thread.

 

Good luck

[corsicanpine]

No defence as yet, but received another notice of transfer of proceedings this morning which says,

 

To all parties

As a result of an order made on 13 June 2007, this claim has been transferred to the Cardiff County Court.

 

Can anybody tell me why this is and who would have made the order. Swansea was 10 miles from where I live, Cardiff is 60 miles.

 

Anyone advise???

 

Thanks

[corsicanpine]

Bump, sorry!

 

Anyone advise please??

[nestie]

All of the cases in South Wales have been transferred to Cardiff (expert judge there) for 14th August - I think I read somewhere that 500 cases have been transferred.

[corsicanpine]

Thanks for that, I haven't received a date for court hearing yet.

 

I assume I can claim for travel costs as well as wasted time when I win my case??

 

Regards

[corsicanpine]

Yesterday I received 2 letters regarding my claim. One from the court stating that, 'directions will be given in this case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 14th August 2007 at 10:30am at Cardiff Civil Justice centre'

 

The other letter from SC&M states,

 

'We have been passed a copy of the proceedings that you have issued against our client in Swansea County Court. The Bank will be defending these proceedings on the following grounds:

 

1. The fees that you seek are properly incorporated into your contract with the bank

 

2. By making payments (whether by cheque, debit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft, which the bank may meet or decline. If it meets your request, you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no breach of contract here.

 

Looking ahead, a situation which gives rise to a dispute is not one the bank wishes to continue. In view of this, you are requested, please, to make contact within the next 14 days with your local LTSB branch manager, on 0845 3 000 000, to review your account. A review may be useful to consider whether your current banking arrangements are the most appropriatefor your needs.

 

We await confirmation from the bank that this action has been taken.

 

Yours faithfully

 

SC&M

 

Has anybody received something similar and got in touch with the bank?? If I dont, will it go against me at court??

 

Can anyone post a link to the court bundle info.

 

Any advice would be very much appreciated

 

Thanks

[BARTY]

Hi

I have seen that letter you have received from SC&M several times, I wouldn't even bother contacting your bank, it will be a waste of time.

 

Here's the link you were wanting:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

Barty:-)

[corsicanpine]

Guess what??

 

Been away on a training course fro a couple of days, got home this evening and a letter from SC&M offering the full refund as long as I sign their conditions. The pertinent points being, apart from expressly stating STRICTLY WITHOUT PREJUDICE and CONFIDENTIAL,

 

The payment will be in full and final settlement of your claim.

 

The terms of this agreement are confidential to the parties and their legal representatives. (OOOooops!)

 

You agree to maintain your accounts with the bank within your agreed limits and in accordance with the terms that govern the account.

 

You can avoid these fees in future if you agree an increase in your overdraft with the bank before you try and make payments that would take you over any previously agreed limits. If you do not do so, you will again incur these fees.

 

You make contact with your local LTSB branch manager on 0845 3000000 to arrange a revies of your account. The bank wishes to avoid further situations which give rise to disputes. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

 

You must notify the court immediately once payment has been made and provide a copy of your letter to the court for our records.

 

They go on to say,

 

Please let us know whether you are prepared to settle the matter on these terms. If so the bank will arrange to credit the above amount to your account.

 

If you are willing to settle on this basis, please sign a copy of this letter as confirmation that you are bound by its terms, and return it to us as soon as possible.

 

The other thing is that they have agreed to pay all cost plus court fees at £220. I have only so far paid £120 via MCOL. Is this an issue or should I grab the money, arrange a meeting and move my account elsewhere??

 

I am so pleased that this seems to have come to an end before court, but would be grateful if anyone could advise of their experiences with dealing with these (Edit)

 

Regards

[corsicanpine]

Just having double checked my schedule of charges against their offer, it looks like they have made a few mistakes other than the court fees in my favour.

 

Do I accept and fall into the same category as them thieving gits or should I come clean??

[GuidoT]

It you accept a sum that is higher that the sum you are entitled to, it is theft as you have pointed out.

 

Anyway, see this for acceptance without their conditions (post 73):

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/48032-jakena-barclays-4.html?highlight=acceptance%23post718754#post718754

[livelylad]

As Guido states you need to inform them they have overpaid.

[Marielise]

Hi. Hope you don't mind me butting in on your thread but I have been following your case with interest as it is almost identical to mine. I am also fighting LTSB and have received a court date for beg August. Then today I have received the letter that you also received from SCM solicitors that goes along the lines of:

 

We have been passed a copy of the proceedings .......

1. The fees that you seek are properly incorporated into your contract...

2. By making payments ......no breach of contract here.

Looking ahead a situation which gives rise to a dispute is not one the Bank wishes to continue ......please make contact within 14 days with your local Branch Manager ...... etc. etc.

 

I just wondered - did you ever respond to this letter? Did you ring the telephone number and speak to your manager as requested or did you just ignore it?

 

Thanks in advance for your help and hope you are managing to get your case to a successful conclusion.

 

Kind regards

 

Lisa

[BARTY]

Hi. Hope you don't mind me butting in on your thread but I have been following your case with interest as it is almost identical to mine. I am also fighting LTSB and have received a court date for beg August. Then today I have received the letter that you also received from SCM solicitors that goes along the lines of:

 

We have been passed a copy of the proceedings .......

1. The fees that you seek are properly incorporated into your contract...

2. By making payments ......no breach of contract here.

Looking ahead a situation which gives rise to a dispute is not one the Bank wishes to continue ......please make contact within 14 days with your local Branch Manager ...... etc. etc.

 

I just wondered - did you ever respond to this letter? Did you ring the telephone number and speak to your manager as requested or did you just ignore it?

 

Thanks in advance for your help and hope you are managing to get your case to a successful conclusion.

 

Kind regards

 

Lisa

 

Hi Lisa

Don't bother ringing, it's a waste of time.

Good luck, and please start up your own thread and you can ask any further questions on there.

Barty:)

[BARTY]

Congratulations Corsicanpine!! :D

Barty:)

[corsicanpine]

Cheers Barty,

 

Marielise,

 

I in fact only received the first letter last Saturday, although had no intention of responding. As my previous thread, away for a few days and what a welcome home, not far off £2k of an offer.

 

I can only say that anyone with any doubts should hold out but also be prepared!!

 

Since January thats halifax, natwest and now ltsb done!!

 

Could not have done it without the advice and help off this site!!

 

You will win, keep the faith!!.

 

Thanks again for everyones support.

[corsicanpine]

Further to advice previously, I intend sending the following letter to SC&M with the revised lower figure than that offered.

 

Dear Sir/Madam,

Corsicanpine -v- Lloyds TSB Bank

Claim No: ********

I acknowledge receipt of your letter dated */06/2007, received */07/2007, and your settlement offer of £*.***.**.

 

I would accept your offer as full and final settlement, but I must point out that the offer seems to be incorrect in that you are offering more than I am claiming for.

 

The actual amount for charges claimed is £*,***.00, the Court fees incurred to date are £***.00. Interest charged, at 8%, to date is £***.**. This amounts to a total claim of £*,***.** to date.

 

Nevertheless, if additional court fees have been applied due to your Clients procrastination, I shall also seek recompense of these.

 

I would therefore accept an amended offer of £*,***.**, only for this claim of bank charges made on my account between **/**/2002 and **/**/2007. However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement.

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be prepared to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim if within 10 days of this letter.

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £*,***.**, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable and look forward to hearing from you.

 

Yours Sincerely

 

Corsicanpine

 

Anyone advise if this is OK please

[corsicanpine]

Could anyone please advise. It is a matter of urgency as they have given a deadline.

 

I have written my own deadline but would appreciate some thoughts

 

Thanks