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DenWestie v Lloyds. **WON**


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Hi, all well happy to just got in got mail from SC&M two letters dated 4 july, 2007.

Accordingly, the bank is, without prejudice to the position set out above, willing to pay you the £527.06 you are claiming by the bank charges and interest plus the court fees of £80.00 of £607.06) in full and final settlement of your claim. this will be paid on the following basis:-

 

1. the above amounts (£607.06 in total) will be credited to your account ******** by this bank.

 

2.The payment will be in full and final settlement.

 

3. You confrim that you have paid the above charges in full and that you have not already.

A. Made a previous successful claim against the bank for any of them;

B. Had any of them transferred into personal loan, credit card, or any ohter form of finance with the bank, which has been written off;

C. Had them written off as a result of charges to your overdraft;

D. Had any of them refunded through discussion with any LTSB member of staff (e.g. in the branch or telephone banking)

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

 

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

 

6. You make contact with your local Lloyds TSB branch manager to arrange a review of your account. The bank wishes to avoid further situations which gives rise to disputes. a review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

 

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

 

please let us know whether you are prepared to settle this 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 conformation that you are bound by it's terms, and return it to us as soon as possible

 

we look forward to hearing from you at earliest convenience but not later than monday, 14th july 2007

 

yours faithfully

SC&M

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17th April 2007 - Wrote to Lloyds TSB asking last six years of charges

 

23th May 2007 - Replied enclosing printouts of statements

 

24th May 2007 - Sent initial request letter to repay charges

 

2nd June 2007 - Lloyds TSB to reply with standard letter.

 

4th June 2007 - LBA sent of to Andover (Debbie Gilbert

25th June 2007 – N1 Filled at Milton Keynes County Court.

7th July 2007 – Two letters from SC&M (one is a settlement letter for full amount of claim)

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Cheeky bu**ers, tell them what to do with their terms. They're in no position to set any conditions:

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) 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 willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

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 £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

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