David V Lloyds HELP!!!!

[christinajanep]

call them and ask why u have to send them again

[david1961]

I will call the court this morning, but to be on the safe side, i am going to send the court my schedule of charges spreadsheet and also send Sc&M a copy again and inform the court that i have done this.

In the meantime it has been 15 days since SC&M wrote to me with there enter into settlement letter, and reading some of the threads on this site - this letter from them suggests that they are ready to settle, so I am hoping for a fat cheque soon

 

heres to wishfull thinking

[christinajanep]

its taking three weeks at the moment for money to come through

[david1961]

Just had a general Form of Judgment or order, as follows

 

before DISTRICT JUDGE DAVIES sitting at Birmingham Count Court

 

It is ordered that, unless the claiment by 16th August 2007 files at court and serves on the defendant further written particulars of the claim specifying the name, account number and sorting code of the account referred to, and a list of all charges complained of showing the date and amount of each one and the stated reason for it, the claim shall stand struck out without further order. Copies of statements may be provided, but they must be accompanied by a seperate list showing the charges in a convenient form for use in court.

The Claimant must when filing these particulars at court confirm in writing that he/she has, at the same time, sent copies to the defendant.

 

I dont understand as i have sent a copy of my schedule of charges as per the template as an attachment to my particulars of claim to the court when i filed on MCOL. I even telephoned the court and they confirmed reciept.

I have also sent two copies of my charges to Lloyds Bank and one copy to SC&M

What should I do ?

 

Thanks

David

 

Can anyone help me with this: i have had the above response from the court and what i can gather is that i need to send a more detailed particulars of claim because i filed on MCOL with the shortened version, and i understand a copy can now be found in the templates library.

My question is, do i send these revised particulars of claim on a plain piece of paper in a letter format or do i send on a N1 form?

Thanx

David

[david1961]

sent substituted POCs from the templates libray. its been a few weeks now and not heard anything, does anyone know whats happening with current claims filed at court?

[BARTY]

Hi

Quite a few Courts are staying claims until after the OFT case, I would give your Court a ring and ask them what is happening with your claim.

Good luck, let us know how you get on.

Barty:)

[david1961]

Thanx Barty

I shall give the court a ring on monday now - dont hold out too much hope tho! sorry

[david1961]

Yes as thought my case has been stayed by the wonderful District Judge Cooke sitting at Birmingham County Court

 

It is ordered That:

The court is aware that a test case has been issued in the hight Court between the OFT and certain banks, with a view of deternining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the unfair Terms in Consumer Contracts Regulations and other legislation to such charges.

Upon it appearing that the issues raised in the test case will affect this claim, the claim is stayed until further order with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR23, to lift the stay. If there is no such application by 30th Sept 2008, the court will in any event then consider whether to make a further order.

 

Can i appeal? or is it best to wait for the test case?

[david1961]

is anyone requesting to lift stays - or is it best to wait for the outcome of the test case?

[hadyanth]

David1961, have a look at my thread, there may be some useful posts in there for you.

[david1961]

hi all. My stayed claim is for approx £3000

 

I haven't been on here for ages since the court case was anounced and the birmingham county court stayed my case.

But today i recieved a letter from Lloyds tsb (the first correspondence for over 6 months)

They have asked me to reconcider accepting the £750 cheque that i returned to them over 8 months ago.

They say in there letter that before i reject it they want me to know that the payment is an offer of goodwill, and does not affect my right to take further action if i think necessary.

They also go on to say that if the court finds in favour of the OFT, this payment may be deducted when they concider the rest of any complaint at that later stage.

 

Can anyone offer me any advise as to wether to accept the £750 or not??

 

Thanks

David

[elsinore]

Hi David.

 

Is the letter from LTSB marked 'Without Prejudice'?

 

Els

[david1961]

Hi elsinore, its from LTSB but it dont say without prejudice

 

I had that letter offer the first time around 8 months ago which said without prejudice and i sent the chq back at that time.

 

What do you think?

Thanks

[GuidoT]

Write accepting the payment in partial fulfilment of your claim advising them that you intend to carry to recover the balance as here and take the payment.

 

It is strange that Lloyds are doing this again.

[elsinore]

I think you can safely accept their offer, but your acceptance letter needs to be carefully worded.

 

None of the letters in the link Guido posted are quite suitable as they refer to full and final offers of settlement, which this is not.

 

If you need help with a response letter, please ask.

 

Els

[david1961]

elsinore

 

thanks for your help, i would appreciate your help with putting together a response letter please.

 

thanks

david

[david1961]

thanks Guidot

 

But do i need to carfully word my letter as elsinor has suggested or do I send them your letter 1 template?

 

Ta

David

[elsinore]

David, can you post up the exact wording of the letter you received from LTSB. If that's a problem, perhaps you could email a copy to me at elsinore@consumeractiongroup.co.uk

 

Either way, please make sure that you remove all personal details from the letter.

 

Els

[david1961]

Elsinor

 

Yes here it is

 

Thank you for letting us know you're unhappy about the payment we made to you. I'm sorry for the delay in our reply.

 

Before you reject it, I want you to know that this payment has been made as a gesture of goodwill. It does not affect your right to take further action, if you think it necessary.

 

However, Lloyds TSB (along with other major UK banks) is currently involved in legal proceedings with the Office Of Fair Trading (OFT) in relation to bank charges.

 

Until this court case has been resolved, we asked the Financial Services Authority (FSA) to suspend the normal timetable for dealing with bank charges complaints which relate to unauthorised bank charges (Or unplanned Overdraft fees as we have called them since 2 November 2007). The Financial Services Authority (FSA) agreed to this request subject to conditions which protect your rights.

 

What will happen next will depend on the courts. We do not know how long the case will take - but we have promised to proceed as quickly as possible but inevitably given the importance and complexity of the issues being considered this may take many months to finally resolve.

 

For now, we have registered all the details of your complaint, and updated our file with the latest correspondence from you. Once the legal proceedings with the OFT are concluded, we will resolve your entire complaint as quickly as possible. In the meantime we will keep you updated about the proceedings with the OFT on a regular basis. You can also check the latest position on our website Welcome to lloydstsb.com.

 

We appreciate that you may have wanted to have your complaint dealt with more quickly, or felt there were circumstances which justified this, however we can assure you we will be taking steps to ensure that your complaint will not be disadvantaged whilst our legal proceedings with the OFT continue.

 

We believe that our current account fees and charges are clear and represent a fair charge for a banking service that is valued by our customers. If at the end of the OFT case the court agrees with us, we will not reclaime this payment as we've made it to you as a gesture of goodwill. If the court finds in favour of the OFT, this payment may be deducted when we consider the rest of any complaint at that later stage.

 

Please let me know how you want to proceed. If you do still want to reject our payment please comfirm that you want us to cancel the cheque you've returned.

 

I look forward to hearing from you.

 

Yours sincerely

 

David Clarke

Customer Service Recovery

[nicsussex]

It is strange that Lloyds are doing this again.

 

It certainly is are there any other current offers being made?

[elsinore]

This seems to be the first one of its kind in recent months, nic. I asked David to post it up, so that we can look out for others of a similar nature appearing.

 

Els

[david1961]

Hi guys

 

Can anyone advise me as to wether to accept it and advise what exactly should I write back.

 

David

[elsinore]

Yes, I'll post up a letter for you in a while, David.

 

Els

[david1961]

elsinore

 

Much appreciated

[elsinore]

Here's a letter for you to send, David. Make sure you add the references and/or account numbers from their letter.

Dear Mr Clarke,

Thank you for your letter dated xxxxxxx in which you reiterate your previous offer of a gesture of goodwill payment of £750.

In view of the assurances given in your letter, I now wish to accept your offer, on the basis that I retain the right to continue action through the courts, should it be necessary.

Please note that my complaint is already the subject of a claim in xxxxxxxx County Court, Claim No. xxxxxxxxxxx. This claim has been stayed, pending the outcome of the court case between yourselves and the OFT.

I look forward to receiving your cheque for £750, upon receipt of which I will inform xxxxxxxxx County Court accordingly.

Yours sincerely