Flower19 v Lloyds

[newacre]

if you say that you are not accepting it then that is that. they cannot say that you have just because they haven't taken it back. i didn't even reply when they put it in the account. i had told them that i wanted the full amount and would be suing if i didn't get it and that is what i did. if they want to put money in anyone's account that is up to them but if you have told them what you require then i don't think that they can turn round and impose an inferior settlement on you!

[flower19]

Yes, Newacre, I agree.

 

But I think it best to write to lloyds and make it clear that I will not be taking any inferior offers and that legal action will not be halted until I get the full amount with no conditions attached, and that they should remove the £750 from my account. If they don't then that's their problem.

 

At least they now where I stand and I know I will be getting the full amount in the end.

 

You did not reply to their offer...so did you get your £4466 plus the £750?!

 

Congratulations on getting full settlement!

[Pondfish]

Hi Flower,

The reason i suggest you leave the money in the account, is that if Lloyds were not to accept your conditional acceptance, they could not then say to the court that you had taken the money anyway.

It's highly unlikely i know - but you never know what this lot will do to string things out!

When i recieved my Gesture of Goodwill, it was when Lloyds had just started doing this, and there was some debate on the correct way to deal with it. The culmination of the debate was the addition of the template rejection of offer letters, which you have found.

 

If you are interested, the thread that carried the debate was:-

 

http://www.consumeractiongroup.co.uk/forum/general/59205-how-deal-goodwill-payments.html

 

(Vamp's post#89 was accepted as the best way to deal with GOGW payments)

 

Anyway, the important thing is to send a letter stating you reject it as full settlement, which you have done.

 

Thanks for the click!

[reduk054]

Hi!

I hope u dont mind but i have subscribed to this thread as there is lots of useful info and advice as I am on third lloyds claim and things seem to have changed so much in 6 months!

I am interested in your case flower19, hope it all goes well!

 

Regards Red

[Pen]

Hi flower, I also recieved 2 x £750 from lloyds for my 2 accounts just after xmas but the letters did not say in full and final settlement, however I did except as part payment then wrote to the court and informed them of the payment against my claim, I don't see you having anything to lose by excepting it as a part payment it will also help with towards paying court fees.

Good luck

Pen

[flower19]

Hi everyone

 

Pondfish, thank you very much for your last link which has helped me in deciding the best course of action in my particular case.

 

Now, after reading the various threads, posts and opinions on this...as the £750 "goodwill" offer came after I started my court claim, outright rejection (by letter) is the course of action I am taking.

 

I will be sending a copy letter to court for their info which may or may not have any bearing on the matter.

 

I believe that at this stage, the bank has lost the boat and if after my outright rejection letter they insist in leaving the money in my account then that's their problem, which can either be returned to the them or used towards settling the claim. Just need to make sure, as Pondfish advises, the money stays in the account and I don't spend it on shoes!

 

Pen,

I do take your point that the letter does not say "in full and final settlement" but it says that they are "prepared to reduce the charges by repaying £750" and it is the "bank's final response", which reads to me as full and final and that the £750 relate directly to the charges matter and not as a "gesture of goodwill".

 

I sincerely believe they use the term "gesture of goodwill" to confuse people!!

 

But this is my humble opinion and people will take different courses of action. Some people don't even reply to their "goodwill" offer, such as Newacre who has successful with his claim.

 

Red,

 

Please feel free to subscribe to this thread.

 

I will try to keep this thread updated and stick to this one (apparently I have many threads) as things developed with my case and hope people can take info and help from this thread and give imput as well.

 

:):)

[Guest ask]

Lloyds put £750 in my account,I replied "please take note,I reject your offer of £750" 1 month later they paid me the full amount I had asked for in my court claim.The £750 still remains in my account.I think it is their way of saying sorry.

[Advoc8]

Lucky you, enjoy

[dolly]

Lloyds put £750 in my account,I replied "please take note,I reject your offer of £750" 1 month later they paid me the full amount I had asked for in my court claim.The £750 still remains in my account.I think it is their way of saying sorry.

 

Sorry, is this in addition to your claim? If I read it right, you got your full claim plus an additional £750 which was the 'goodwill' payment? If I have read it wrong I apologise, but if that is right you really need to repay it to them.

[flower19]

How interesting Ask...I had not heard this one yet.

 

Dolly, why do you say Ask should repay the £750?

[dolly]

The way I read it is that 'ask' got the £750 PLUS the full court costs....if they had issued a claim before the goodwill gesture was made, the claim would have been for the full amount and not the full amount minus the £750.

 

I got £750 before I issued MCOL, so deducted it from my claim total.

 

However, as 'ask' said 'I think it is their way of saying sorry' I assumed that they had received this in addition to the claim amount, (in other words, Lloyds messed up) and therefore have been paid an additional £750....if this is the case then it does need paying back to Lloyds.

[flower19]

Yes, I am sure Ask will give us clarification so that we can understand it better.

[Pondfish]

Hi Flower,

 

Glad my post was of some help to you.

 

For what it's worth, i think the response you have decided on is spot on.

 

I agree the GOGW is an attempt to confuse and test peoples resolve to see things through. How many get this, and give up on the full claim?

 

If you are paid in excess of your claim with interest and costs you should repay the excess back to Lloyds. This is obviously not your money, and if people claiming regulary did this the moral high ground would be eroded. You would be in effect doing what Lloyds did to you.

 

Don't worry you can buy those shoes soon!

 

Pondy

[flower19]

Hi Guys

 

On another subject...I keep reading that people send correspondence to the bank by recorded delivery (the orange slip one) and that the banks say that they have not received anything.

 

This particular recorded delivery service does not guarantee you delivery at all, the extra you pay is just for the "signed for", for the signature.

 

It is best to send it by special delivery (I know..a bit more expensive).

 

After all, we are talking about the Royal Mail!

 

By the way, I don't work for the Royal Mail.

[dolly]

No, but it proves to a court you posted it, should the need arise.

[flower19]

Hi everyone

I have a slight problem…when I sent my goodwill offer refusal letter (which was received after I started my claim) I asked lloyds to settle the claim and to pay the full charges but did not include interest and the court fee as I understood that this could not be done if a settlement is reached between the parties before a court judgement.

I know now that this is not the case.

Should I write to Lloyds again making this clear?

[Advoc8]

You can do that, it won't do your claim any harm

[flower19]

Thank god for that advoc8. I will write to them and rectify my error.

 

They have deposited the £750 despite my letter. I did not accept it not even as part payment. Anyway, will keep the money in the account which can then be returned to them or deducted at a later stage.

 

BTW, tomorrow is the last day for lloyds to acknowledge my claim, i've called the court today and have been told that they have not done it yet and the person in the court said that if they didn't acknowlege by tomorrow my only option would be to enter judgement against lloyds...but from what i've read from the various posts, so far, they tend to do it last minute...let's wait and see what happens tomorrow.....

[dolly]

Won't make a blind bit of difference to be honest though - they won't pay the rest without a court claim.

[flower19]

What won't make a blind bit of difference?!

[dolly]

Sorry, we posted at the same time it seems It was in response to your previous question about re-writing to Lloyds.

[flower19]

oh I see...I didn't understand what you were refering to

[Advoc8]

Won't make a blind bit of difference to be honest though - they won't pay the rest without a court claim.

 

Think the court claim is already in by the looks of it, though I agree if it was before the claim there'd be no point.

[flower19]

hi everyone

 

Lloyds has not acknowldged my claim - today was the deadline to reply.

 

What's the next step? Enter judgement but send a 7 day letter before? Is there a template?

 

xx

[Advoc8]

What was the date the claim was deemed served? You may find they've a day more than you think they have.