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Everything posted by reload

  1. Hi Lukeyboy, Looks like you've got it all under control Seems to be a standard letter quite a few people get, that one.
  2. Hi Madam Ra, It may well be worth knocking up a letter along the lines of 'I will accept your offer in settlement of my claim, only under the premise that it is unconditional and the following charges additionally made to my account are refunded: Date / charge type / amount This makes a settlement total of "£xxxx.xx". Once this amount has been refunded to my account I will contact the court to withdraw the claim'. Should do it
  3. Nope, it's not you - they're really slow, they love dragging their hoofs as long as possible. Having said that, now your AQ is filed you should hear from their solicitors soon with a settlement offer. Have you had a copy of their AQ? Did they request extra time to negotiate settlement?
  4. Hi mark-uk, est you read the Frequently Asked Questions forum, in particular the Step-by-Step Instructions, the FAQs themselves, and the Rules of Engagement. You'd do well to read the other threads in there too Once you've got those under your belt, take a look at the Bank Templates Library. It contains all the letters you should need to see your claim through to the end.
  5. 1) Should be fine, is the address I used when filing. 2) Can't say I'm afraid - it'll have to be a case of try it and see. Usually these days though, if a website says it accepts Visa it accepts Visa Electron too - at least in my experience. 3) After filing the claim is your best bet, or Sechiari Clark and Mitchell (Lloyd's solicitors) will attempt the 'Claim is too vague' argument in their defense. 4) Looks fine 5) Shouldn't be a problem. Had a similar issue myself, didn't cause any problems with my claim.
  6. lol - good stuff Vicky. It's mostly just a waiting game now (IE: Waiting for settlement!) but you may want to spend a bit of time researching the arguments etc and preparing your case. Take it easy first though, neck a few G&Ts
  7. C) Take a look at Lucid and Mindzai's thread The bank are chasing you for charges on an account which is in dispute - in direct contravention to the Banking Code, amongst other things. Mindzai has some very useful letters, which with a bit of tailoring I'm sure you'll find appropriate.
  8. Hi, This is exactly what I mean by research Franco. The people you are paying the money to are a county court. They will not make your case for you, should it come down to you and the bank sitting in front of a judge. It's most certainly not inevitable that it will happen to you - but it is a possibility. You would be wise to research the actual arguments lying behind the claim you're making against the bank - the Unfair Terms in Consumer Contracts, Sale of Goods and Services Act, etc etc. A good place to start is the FAQ and Bank Templates library. Bookworm's Court Bundle in the Templates Library will certainly help you out too.
  9. You can't, but a mod can - drop one of the 'green' members a PM and they'll do it for you
  10. Damn straight Vital. We're behind you all the way.
  11. LOL - louise, any chance you recorded that conversation? A judge would be very interested to hear one of Lloyds' solicitors essentially admit they're abusing the court system to delay paying out refunds on these penalties!
  12. dagnabbit Good stuff Kazzaw - sock it to em
  13. Au contrairé, madame! (Hi, btw - say hello to the hubby for me!) You can claim for the Overdraft Usage Fee - it's just another term for 'Overdraft Excess Fee', and is a penalty for going into/over an overdraft. You can't claim the 'account charge', however, as it's a valid service charge for Lloyds to run your account.
  14. Exactly cantsay. Edit: Might be worth a look at contractual interest though
  15. Erm... I'm a bit confused when you say you forgot to send in your P.O.C...? It may be advisable to include a copy of your statements with the charges you're claiming for underlined/highlighted, both to the solicitors and the courts, along with your N244 amendment. Just reading back through the thread though... I notice you've not posted your particulars of claim anywhere, or your amended version for that matter. Is there any chance you can do post your amended version here, just so I can give it a quick once over just to make sure you aren't amending an invalid/too vague version with a similar one? The particulars of claim is a section on the N1 claim form - the first form you file with the courts/equivalent with Moneyclaim online. If you filed online, it should be a block of text as listed in the bank templates library. I don't believe there is a template letter for an amendment apology. However, a brief note along the lines of:
  16. Hi Franco, After various conversations with Martineau Johnson (Lloyd's solicitors in my case) and I received the settlement offer, there was no doubt they would pay up - it was more a case of how long it took them. I have a round 2 because my first claim only went for the period of time I was able to get a list of charges through Lloyds Online banking - pretty much the most recent 4 years. Round 2 is more of an experiment, as it'll be for less money I will likely try pushing for contractual interest and push a few side arguments. I am trying one thing, which if successful I will post about, but it's only an aside and I don't hold much hope for it. Court costs - if I remember right, filing an initial claim for over £1500 involves a cost of £120. Lloyd's current solicitors - Sechiari Mitchell & Clark - are in the habit of pushing the claim as long as possible, which means you will have to return an Allocation Questionnaire. This costs an additional £100, which is also reclaimable upon settlement. The thing to remember though - if you prepare your case properly, know what you're about, and research everything you should do, the chances of you losing are infinitesimal (tiny). The risk of gambling the £220 against what you can get back are well worth it.
  17. Sorry Agusta109 - Scotty's correct, first two only. You can also go after contractual interest, which is another matter you should read up on in the general forum if you do go for it. Did you try the customer services I'd-like-copies-of-my-statements route Scotty?
  18. 1) Bit of an open-ended one. There is no set time limit on settlement, except for the natural time restrictions on court deadlines - if they miss a deadline, you can file for judgement, for EG. 2) Not entirely sure to be honest, as I'm still in the early stages of my Capital One claim. I imagine that the best course of action would be to have them deposit it to your card account, which will essentially leave you with a negative balance (IE: Money you can draw on that Capital One owe you). You can, however, make it a condition of settlement that they send you a cheque in full, although this could make the process a little longer.
  19. If even then - you may want to send them a copy of the polite reminder in the bank templates library
  20. The interest and court costs are both excluded from the total when calculating which track your claim should be allocated to - so you're fine with the small claims court.
  21. You can include the extra £90 when it comes to filing a court claim
  22. Hi Vital, The OFT's guidelines are just that - guidelines, and for credit card companies to boot, although they do say they believe the rule should apply to bank accounts too. It also seems the OFT have yet to come down on any of the banks/card companies who have yet to lower their limit to the guideline figure. The £12 isn't a be all and end all however - the OFT also say that it won't automatically be seen as a fair figure, it's just a level to set intervention at.
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