Been awhile Peeps!
I've been claiming for my mum against Lloyds & they have had NO CONTACT/CORRESPONDENCE at all directly with her - until now there's a mad rush & /she's/I've received this letter ONLY TODAY.
I've successfully claimed & won against HSBC & HALIFAX so started on my mum's. The claims all progressed as they ought & then total silence after the MCOL was filed - silence all the way infact. There were several of these claims against Lloyds filed at the same time & they were all allocated to local court - Leeds in this case & Judge Kaye QC requested they all be transferred to the Mercantile Court & he heard them en masse. Nice!
Anyway - mad rush from Lloyds solicitors for tomorrow - I was fully expecting to go to court for the directions hearing & have got a bundle together to argue the case - with some small trepidation on my part but hey ho bring it on anyway! However - as the letters below state they've paid up the two sets of monies, without question or any reference to my mum, again complete silence & no correspondence at all. She hasn't used the account at all since the claim started & so didn't actually relaise any monies had been paid in until she phoned to check today.
Can anyone give me any advice now at the stage please - It's quite urgent to say the least & if I'm not attending tomorrow I'll need to reply to the court ASAP.
Many thanks,
Zsazsa - Letters Below
SECHIARI, CLARK & MITCHELL – SOLICITORS S. W. Morris
Department SO, PO Box 499, Upper Ground Floor, 1- 5 Queens Road Quadrant, Brighton BNl Ms. P. J Richardson
3XJ, Telephone: 01273 205381 Fax Number: 01273 745356 DX 36675 Brighton 2.T.H.A.Whetcombe
Our Reference: SO/MFT/Mercantile/Graham/8262 Tuesday, 24"' April 2007
Strictly Private & Confidential ZSAZSA’s MUM, Ilkley
West Yorkshire
URGENT
Strictly Without Prejudice Confidential and Privileged
Dear Madam,
In the High Court of Justice Queens Bench Division Leeds District Registry
ZSAZSA’s MUM,-v- Lloyds TSB Bank plc Claim Number: 7LS 40210 (Formerly 7QZ 10064)
We refer to the above matter and have been advised by the Leeds Mercantile Court that a Case Management Conference hearing has been sche,duled, for Thursday, 26"' April next to hear this matter.
This letter is marked `without prejudice' and is `confidential and privileged' which means it will not be produced in Court, and is confidential between you, us and the Bank. Therefore, you are required not to show this letter to anyone or reproduce it in any way that compromises the parties when entering settlement negotiations.
As you are already aware, the Bank intends to defend these proceedings on the grounds that the legal basis for your claim is incorrect.
l. As a matter of law, whether or not a clause providing for a payment is a penalty only arises where there has been a breach of contract.
2. When you asked the Bank to make payments from your account that would have caused you to exceed any
overdraft you had previously agreed with it, you were requesting it to agree to a new or higher
overdraft. Your request to the Bank to make a payment was not a breach of contract; nor were you in breach of contract when the Bank either agreed to make that payment, or declined to do so.
3. The Bank was entitled to charge a fee for, amongst other things, urgently considering your request and for telling you it had agreed to it; alternatively for telling you it had not been agreed to it and returning the payment through the clearing system.
4. You were aware of the existence and amount of the fees that the Bank charged for these services, and they were properly due under the contract between you and the Bank.
5. Your claim for repayment of these fees is therefore misconceived.
That said, the Bank is, without prejudice to the R osition set out above, willing to pay you the £3,176.00 (minus the sum of £720.00 already paid to you on the 5 February 2007) representing the actual charges applied to your Classic account, together with
interest of £864.98 and the Court Fees of £250.00 in
full and final settlement of your claim. This will be paid on the following basis:
1. The above amount(s) (£3,570.98 in total) will be credited to your Classic Bank account by the Bank.
2. The payment will be in
full and final settlement of your claim.
3. The terms of this agreement are confidential to the parties and their legal representatives.
4. You agree to maintain your accounts with the Bank 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 and make payments that would take you over any previously agreed limits. If you do not do so, you will again incur these fees.
6. You make contact with your local Lloyds TSB Branch Manager on 0845 3000 000 to arrange a review 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.
As you will see, this does not actually settle your claim in full as there appears to be a discrepancy of £1,437.51. Therefore, in the event that the sum of £3,570.98 is not accepted by you, we have today written to the Leeds Mercantile Court (copy attached) asking for the following Order:
This claim is allocated to the Small Claims Track.
1. The Claimant shall by [insert date] file and serve:
A schedule setting out each charge repayment of which is being sought, showing the date, amount, and alleged reason (if any) for that charge being made.
b) Copies of any statement or other document relied upon as showing that each and every such charge has been made.
c) A statement of her evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties or otherwise.
2. The Defendant shall by [insert date] file and serve a response to the Claimant's schedule, stating in respect of each item claimed:
a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.
In light of the pending Case Management Conference, we can confirm that the said sum of £3,570.98 in
full and final settlement of your claim was credited to your Classic today by our Client under the reference "Dep B.C. RFND 7QZ10064" which will appear on your Bank Statement.
Please ensure that you quote the new claim number as quoted above when communicating directly with the Leeds Mercantile Court.
Kindly acknowledge safe receipt of this letter and its enclosures ensuring that your quote the above reference.
Yours fait
Sechiari Clark & Mitchell
Enclosures
SECHIARI, CLARK & MITCHELL – SOLICITORS S. W. Morris
Department SO, PO Box 499, Upper Ground Floor, 1 - 5 Queens Road Quadrant, Brighton BN1 Ms. P. J Richardson
3XJ, Telephone: 01273 205381 Fax Number: 01273 745356 DX 36675 Brighton 2. T.H.A.Whetcombe
Our Reference: SO/MFT/Mercantile/Graham/8262 Tuesday, 24`h April 2007
Leeds Mercantile Court, Queen's Bench Division Leeds District Registry The Court House
1 Oxford Row Leeds, LS1 3BG
URGENT
DX 703016 Leeds 6
For the urgent attention of Chris - Listings Officer
Sent by way offacsinzile number 0113 306 2392 and Document Exchange - pazes 1/2
CASE MANAGEMENT CONFERENCE SCHEDULED FOR THURSDAY 26 TI; APRIL 2007 AT 10.30 AM
Dear Sirs,
In the High Court of Justice Queens Bench Division Leeds District Registry
ZSAZSA’s MUM,-v- Lloyds TSB Bank plc Claim Number: 7LS 40210 (Formerly 7QZ 10064)
We refer to the above matter and in particular to the Case Management Conference due to be heard before His Honour Judge Kaye QC on Thursday, 26`h April next at 10.30 o'clock in the forenoon.
Following our Client's instructions in this matter, we are writing to advise the Court that this claim was settled in part directly with the Claimant, namely ZSAZSA’s MUM, today, 24`h April 2007 and in the sum of £3,570.98. A payment of £720.00 was also paid to the Claimant on the 5`h February 2007 making a total payments of £4,290.98.
As the Court will see this actually does not settle her claim in full, resulting in a discrepancy of cira £1,437.51.
It if is helpful, the sum of £4,290.98 already paid by the Defendant is calculated as follows:
a) £3,176.00
b) £ 864.98
c) £ 250.00
Sub total £4,290.98
d) -£720.00
Total- _ 3,570.98
representing Bank charges applied to the Claimant's Bank account for the period 10"' December 2001 to 2°d January 2007 inclusive;
representing interest at the statutory rate of 8% for the period 10`h December 2001 to 24"' April 2007 inclusive;
representing the Court fee, and
representing the payment already tendered to the Claimant by the Bank on the 5`n February 2007.
If it is the Claimant's intention to claim further sums from the Defendant Bank, we would respectfully ask the Court for the following direction to be made:
This claim is allocated to the Small Claims Track.
The Claimant shall by [insert date] file and serve:
a) A schedule setting out each charge repayment of which is being sought, showing the date, amount, and alleged reason (if any) for that charge being made.
b) Copies of any statement or other document relied upon as showing that each and every such charge has been made.
c) A statement of her evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties or otherwise.
2. The Defendant shall by [insert date] file and serve a response to the Claimant's schedule, stating in respect of each item claimed:
a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.
In light of the above, the Bank will not be attending the forthcoming Case Conference Management Hearing
We would be most grateful if you would be kind enough to place this letter before His Honour Judge Kaye QC in readiness for the said hearing and apologise for our non-attendance. No disrespect is meant to this Honourable Court, or indeed towards the Claimant, by reason of the Bank's non-attendance, which is purely motivated out of a desire to keep costs of this matter to a minimum.
We have today written to the Claimant advising same and requesting that she notifies the Court that the sums of £720.00 and £3,570.98 did indeed reach her Bank account held with Lloyds TSB Bank plc on the 5`h February and today 24th April 2007 respectively.
Kindly acknowledge safe receipt.
Yours faithfully
Sechiari Clark & Mitchell
IMPORTANT NOTICE
The information contained in this fax is intended for the addressee(s) named above only. It may contain privileged and confidential information. (f you are not the addressee you must not copy, distribute, disclose or use any information the fax contains. If you have received this fax in error please telephone us and post the original back to us. We will reimburse you for the
phone call and postage.
Zsazsa's Mum v Lloyds - Mercantile 
and what is left owing, add below this the fees etc. 
