tcw76 -v- Lloyds TSB ** WON**

[nicsussex]

Wake up - you don't have time to sleep - and believe me - speaking as the father of nine year old twins it gets much worse enjoy it while you can!

[tcw76]

when looking at past t&cs wat exactly are we looking for. is it that they describe the charges as a fee for a service or as a penalty? or what? im guessing its penalty but just wanted to clarify this point.

[curlychic]

when looking at past t&cs wat exactly are we looking for. is it that they describe the charges as a fee for a service or as a penalty? or what? im guessing its penalty but just wanted to clarify this point.

 

See post 1 of this thread and it should make it clearer

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90896-calling-all-lloyds-tsb.html

 

XxXxX

[tcw76]

Dim bar!!!! Read through that post so many times but i dont think that it really sunk in, so yeah you can call me thick. thanks curlychic

[tcw76]

rang the county court today to see what was happening with my case. and they told me that lloyds had failled to acknowledge the claim so i win by default. and im sending off the relevent paperwork tomorrow. Has anyone had any problems getting money or blood out of a stone sorry i mean lloyds tsb. anyone had to call the baliffs?

[tcw76]

so im guessing there is no one out there in the same boat.

[nestie]

Hi,

I haven't been in your position but have read lots of similar threads. I wouldn't get too excited as the bank has a habit of acknowledging claims late and the court allows this. Even if they don't and you do win by default this isn't necessarily a good thing as the bank applies to have the judgement set aside which really delays things. Don't want to burst your bubble and hope you do win at this stage but I would read over some of the success story threads to see if you can find a similar scenario to yours - I think there was one by someone called jhstr or something like that.

[tcw76]

thanks nestie. there is no bubble to burst. I know what lloyds are like. have read all sorts of stories on here.

[surfman]

lloyds failed to defend my claim untill 4 days after the deadline, I had already filed for judgement but the court let defence go ahead and sent me a aq, seems the courts are very leaniant with the banks missing deadlines

[tcw76]

I got a letter on the 22nd of june, it was dated the 8th and there was a long speel about how fare charges the where BLAH BLAH BLAH and near the bottom there was a passage of writing telling me that on this occasion they where going to give me my claim minus interest and court fees. (£652) and that within 10 days the money would be in my account. So technically i should of had the money before i got the letter. Ive still got no money, should i send off a rejection letter even if i havent got or are never likly get the money without goin further with the claim. have sent off my AQ today. Has anyone else had this sort of treatment? and if so what did you do about it? Hope that all makes sence

[nicsussex]

If they wanted to settle without incurring the further costs of interest and fees then I presume that you had given them plenty of time. You should send the rejection letter and say that you will only stop your claim upon receipt of the full outstanding amount. Presumably this letter came direct from LTSB and not solicitors?

[tcw76]

theyve had all the time that I was obliged to give them. yeah this letter was from lloyds. will get a rejection letter fired off tomorrow.

[tcw76]

looking at the rejection letters. there doesn't seem to be one for my situation.

would this one do?

Street

Town

City

Postcode

 

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I respectfully decline your offer of Full and Final settlement and have included the cheque you supplied in respect of that offer.

 

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on XX/XX/XX and I would ask that you now refer this matter to your legal department for further instruction.

 

(If the bank have credited your account, please use this note...)

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly. Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

 

 

[print name]

 

any tips on maybe rewording it a little?

[tcw76]

thought its about time I started my claim thread. so here it

 

 

I got a letter on the 8th of June. From Jerry Sawyer, Customer Services Recovery Center

 

 

 

stating ( this is typed from my own fair hands so excuse any spelling mistakes)

 

"Thank you for getting in touch with us again. I am sorry you are still un happy about your account charges.

 

We've already explained that we believe it is fair to charge you for extra services you've requested, as long as you know about the charges in advance, When you didn't have enough in your account to cover a payment, we had to agree to make it by setting up or increasing your overdraft, or tell you we couldn't agree it. We feel its only fair to charge for our service in considering and implementing this.

 

We've made it easy to keep a running check on how much is in your account. You can get an up to date balance at any of our cash machines, over the phone, online and by weekly text to your mobile.

 

If you know a payment is going to take you over your agreed limit you're welcome to see if there's anything we can do.

 

Generally we don't agree to adjust any of these charges, but i can tell you that on this occasion we are prepared to repay you £652 in full and final settlement of your complaint.

 

We will credit this amount to your account within 10 days. We will also cancel any charges that we may have told you about but have not yet taken from your account. We will not refund any overdraft interest, standard account or service charges.

 

I hope you now feel that I've been able to answer all the points you raised with us. Please treat this letter as our final response. This means that if you are still unhappy, you can ask the Financial Ombudsman Service to investigate your complaint, so long as you do so within six months of the date of this letter."

 

 

 

Has anyone else had a letter like this?, the £652 is my original claim b4 it went to court. I only got the letter on the 22nd June and I haven't received a penny. I'm at the AQ stage and sent it in last week.

 

I would appreciate any advice/help on this matter

 

many thanks everyone for a great site.

 

tcw 76

[christinajanep]

in the templates library there is a rejection letter to send but the chances r they'll payit in anyway leaving u to claim for the remainder

[tcw76]

I dont think that they'll pay up anything as the 10 days have well and truly the 8th of june, the original date of the letter. and dont you think that it is abit odd that a letter took 14 days to get to me? sumthings not quiet right.

[christinajanep]

they are very very slow and they get away with it, send the rejection letter anyway and carry on as normal but keep all correspondence for ur court bundle if u need to produce one, they money could still go in so watch out for it

[tcw76]

Thanks for the advice. and congrats for being the first person to reply to my thread.

[tcw76]

The only thing about the rejection letter is that its worded as if the money has gone into my account. but it hasn't with me (not yet anyway) im no good at english, is there any way of wording the letter for my circumstance?

[tcw76]

this is the main body of the rejection letter. any amendments to letter greatly appreciated.

 

Response to settlement offer.

 

Dear Jerry Sawyer

 

Thank you for your letter dated 08/06/07. I respectfully decline your offer of Full and Final settlement.

 

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on 21/05/07 and I would ask that you now refer this matter to your legal department for further instruction.

 

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly. Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£157) without further conditions and I will inform the court that the claim is settled.

 

[Wilks 77]

I know somepeople have accepted a an offer of this sort as a partial offer, and continue to take them to court.

 

As they are offering, I think a letter like above or one which suggests that you accept the money offered only as partial settlement but are still going to attend court for the remainder. Which I think from above is £157. This probably will be then added to another offer which I think you will get in full.

[Wilks 77]

I think there are threads with template letters for partial offers, but I don't know where sorry.

[tcw76]

that rejection partial letter is from the templates library. will post rejection letter tomorrow. so i guess i just sit and wait for them to actually put the money in my account.

[Wilks 77]

If they are showing interest in your claim by paying a partial settlement, I would think that it will be paid in full before the court case. But you never know. Good luck with it and keep preping as if it may end up in court.

[tcw76]

just an update on claim,

Received a letter from [problem],

 

quote

In the BRENTFORD (my claim is at banbury not brentford) County court

 

We act for lloyds tsb bank plc

 

We have been passed a copy of the proceedings that you have issued against our client in BRENTFORD? County Court. The bank will be defending these proceedings in the following grounds

 

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

 

2. By making payments (whether by cheque, debit card or any other means) from your account where you have unsufficiant 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 much 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 lloyds tsb 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 appropriate for your needs.

 

we await confirmation from your bank that this action has been taken

 

yours faithfully

 

 

[problem]

 

unquote

 

It does make me laugh when they havent even got the right court.

 

has anyone else has this letter and what you wrecken should i do about it.

 

your advice would be greatly appreciated.

 

tcw76