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I'm like a few others here in that on Jan 9 I've been offered the charges (£450) I've requested, but not the interest (£110). This happend a couple of weeks after my lba deadline of Dec 25.
I took my time as I was going to add a further £60 (that they charged me on the 10th) to the claim, but now they've offered the charges - whilst emphasising they have no legal obligation to do so, but wanted to avoid the expense of defending them - can I in fairness just hit them with a claim for Interest (£110) and new charges (£60)
or do I have to give them the chance to repay the £60?.
I can either:
a, Claim both the £60 + £110 in the courts in one claim.
b, Claim £110 in the courts and prelim/LBA them for the £60
hmcourts-service.gov.uk's guidance notes, EX301, 'Making a claim' advises:
"Even though you might choose to go to court rather than use an alternative dispute resolution process, issuing a claim should always be your last resort. The court will expect you to have acted reasonably, such as exchanging information and relevant documents about the dispute to generally avoid the need for making a claim."
The £60 in fees left my account just a week ago, so the interest will be inconsequntial and I know that LLoyds have offered me all my fees (lets not forget not the without interest) back as a result of sending an LBA.
The reasonable thing to do - that will also avoid putting the courts to unnecessarry expense - is to send an LBA for the £60 - not a prelim, because in my experience (and everyone else's) these have little effect.
If I'm succesful in these claims I intend to then go back and break the six-year barrier at the same bank, so I won't be accepting any conditions.
General note: There's a story about this On the front page of the Bristol Evening post today, so it's getting less underground each day.
Also, On my example and a few others of late it would seem LLoyds are settling before their lawyers get involved. So they are relinquishing the high ground and feeling the pinch too. Are they going to wait for the freight train/OFT to hit or take preemptive action?
After all the greatest form of defence is attack isn't it?
Get your claims in folks. Because this is coming to a head.
Lloyds have filed a defence to which I must give a response by March 5.
My claim against them is only for the 8% included on the schedule of charges I sent with my prelim and lba as they have paid these, but now I've seen recommendation on the site (which I somehow missed before) that say I should only claim the 8% when making a county court claim and not before as this shows I don't know what I'm doing.
My claim is for interest only, not any charges. Is it therefore without any grounds and should be dropped.
The problem is that you are not following the steps and FAQ's so therefore making mistakes.
If they offered you your full charges back after the lba with no conditions attatched you MUST accept it .You can't then carry on to make a claim to get the 8% interest .
If however they put conditions on the offer you can then reject the offer and submit a claim .
The reasonable thing to do - that will also avoid putting the courts to unnecessarry expense - is to send an LBA for the £60 - not a prelim, because in my experience (and everyone else's) these have little effect.
That is not the reasonable thing to do ..we advise you to send a prelim and then 14 days later send a LBA for a reason.If you read around you will learn the reason why this is advised .
If you want to reclaim your money back you are advised to follow the steps that everyone else has followed and won with .If you decide to ignore these steps then you are quite entitled to as it's your claim but I just wonder why you are on this site .
When you want to fool the world, tell the truth. Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
doubts.
Offered £450 and they done me for another £60
(£110). This happend a couple of weeks after my lba
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Re: Offered £450 and they done me for another £60
