mjanet v lloyds :** WON ** UNCONDITIONALLY

[reload]

How's about:

 

Dear Sirs,

 

As previously mentioned, I reject any conditional terms to the settlement of my claim against your client, although I am willing to accept a full and final refund of £xxxx as reimbursement against the funds your client unlawfully acquired from my person. Any other individual wouldn't quite cloak these penalties in such a gentle term, however in the interests of diplomacy I will allow this to stand.

 

Likewise, as mentioned in my previous letter there is and can be no unilateral imposition of confidentiality in these circumstances. I would appreciate acknowledgement of such, and am willing to accept an apology for your attempted abusive deception in claiming that your settlement offer on behalf of your client is or can be such. I will most certainly pass any more disinformative correspondence from you to the Law Society who no doubt will decide whether this is a matter of discipline or merely requires more Continuing Education points. Similarly, your client's primary overseeing body - the FSA (? not sure on this) would no doubt be entertained to observe your behaviour in this regard.

 

In closing, and again as mentioned, I am willing to accept the figure of £xxxx in full and final settlement of this claim with no other terms implied with this acceptance. No more, no less.

Regards,

 

 

 

 

mjanet

 

Edit: Why am I still up and still replying to posts? Bed calling...

[sharemaster2]

Dear mjanet,

 

I like your stance with the BANKS. Good indeed. Let them know we are not as stupis as they think we are.

 

NICE ONE!!!

[Janet-M]

Thanks for taking the time to do that reload , very much appreciated

 

 

@ sharemaster2 Thank you it's the tone of the letters , words they use like 'comply' and the condition no 2 :o who the hell do they think they are .they have got away with all this for far to long ,now caught out and STILL want to have the last word.

As for the solicitors saying things are privileged and confidential well they read this site, I have put 2 of these letters in full above so what does that tell you ?

[Janet-M]

Decided to just do a short reply back , THANK YOU reload for taking the time to post that reply for me it is very much appreciated

 

MY REPLY

 

 

Without Prejudice

 

Dear Sirs,

 

Thank you for your letter. I do not accept your updated offer. I am however prepared to accept £374.24 as this is the total of my claim inclusive of my costs. I will accept this in full and final settlement of this claim .I will not agree to any conditions.

 

May I also point out I am fully aware of my responsibilities over the running of my account as I have proved for the past 3yrs.

Yours faithfully

 

 

Changed it slightly before I sent it. ( sent by email )

 

 

 

Without Prejudice

 

 

 

Dear Sirs,

 

 

Thank you for your letter of XXXXX . I do not accept your updated offer. I am however prepared to accept £374.24 as this is the total of my claim, inclusive of my costs. I will accept this in full and final settlement of this claim .I will not agree to comply to any conditions.

 

May I also point out I am fully aware of my responsibilities over the running of my account as I have proved for the past 3yrs.

 

Yours faithfully

[reload]

Bit simpler than mine, they might actually get the message

[Janet-M]

Was unable to update this thread until now , sorry

 

letter recieved from solicitors

 

Dear Madame,

 

Thank you for your email of 19th June 2006.

 

Please note that the court rules do not provide for you to claim your costs.The bank is therefore unwilling to include an aditional £50.00 in offer of its settlement.

 

In any event ,the Bank has already offered to refund the full amount of your claim and this figure cannot be increased without making an application to court.

 

In light of the above, please sign and return a copy of our letter of 14th June 2006.As soon as we recieve this,the Bank will arrange to credit the amount of your claim to your account.

 

we look forward to hearing from you

 

 

Yours faithfully

 

 

I then recieved a letter from the court saying that the judge had made an order saying if the defendent did not serve an allocation questionaire on me/court by 7th July then I will win by default

 

 

I then recieved another letter from solicitors

 

Dear Madame,

Further to our letter of 21st June 2006 ,we look forward to recieving a signed copy of our letter of 14th June 2006.

 

Please do not hesitate to contact us if you have any queries relating to the banks offer of settlement in the above matter.

Yours faithfully

 

 

 

my reply

 

 

Without Prejudice

 

Dear Sir/Madam,

 

thank you for your correspondence dated 22 June 2006 in which you advised me in respect of my claim agianst you in the County Court that "court rules do not provide for me to claim my costs" I will forward your correspondence to the Law Society accordingly.

 

I note your determination therefore that the bank is not lible for the costs of my litigation to date. Litigation, that I may remind you, I entered into, as a result of your previous failure to enter into sincere dialogue with me to resolve the dispute.

 

Might I take this opportunity to refute your assertion that I will have to make a further application to the court in respect of the settlement figure I expect from you, as I have already clearly instructed the court as to the total claim including costs.

 

The only application I shall make to the court, is for you to be entered onto the register of vexatious litigants for your insistence on allowing this matter to proceed to litigation where mediation and settlement could have been avoided without the involvement of the courts. I shall also copy your correspondence to both the Court Manager and the FSA for reference purposes.

 

Yours truly,

[Janet-M]

I don't mind at all only problem being I've already sent it :o

[Janet-M]

recieved 5th July by email

 

Without Prejudice - Confidential and Privileged

 

Dear Madam

 

Thank you for your email of 4 July 2006.

 

We would suggest that you read Part 27 of the White Book in relation to the small claims track generally. In particular, please note CPR 27.14 in relation to costs on the small claims track.

 

We should also like to remind you that our letter of 21 June 2006 was marked "Without Prejudice" which means that it can not be produced in Court.

 

Please note that it is now 21 days since our client offered to refund the full amount of your claim. We would therefore question your assertion that it is our client who is "allowing the matter to proceed to litigation".

 

Please sign and return a copy of our letter of 14 June 2006 as a matter of urgency.

 

We look forward to hearing from you shortly.

 

Yours faithfully

 

 

Martineau Johnson

 

MY REPLY (by email )

 

Without prejudice

Dear Sir ,

May I also point you to the same information you pointed me to..

27.14 (1) This rule applies to any case which has been allocated to the small claims track unless paragraph (5) applies.

(Rules 44.9 and 44.11 make provision in relation to orders for costs made before a claim has been allocated to the small claims track)

(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs except –

(a) the fixed costs attributable to issuing the claim which –

 

My total claim is for £374.24 inclusive of the fixed costs attributable to issuing the claim

 

I have checked these facts with the county court who have also advised me that this is indeeed my total claim and I can rightly ask for my court issue fee to be included .May I point you to indeed looking at my claim again where it clearly shows the total amount of my claim AND my court issue fee .

 

I suggest you include this is the settlement figure you are offering me so this can be quickly brought to a close and then once the total amount is recieved by me I can inform the court the matter is settled.If you still refuse to pay me my court issue fee then my claim will continue and I will let a judge decide .

 

yours truly

Janet

 

 

Solicitors reply today (by email)

 

 

Without Prejudice

Confidential and Privileged

 

 

 

Dear Madam

 

Thank you for your recent emails.

 

The Bank is willing to make an updated offer of settlement on the following basis:

 

1.The amount of your clam, £374.34, will be credited to your account.

2.As you do not have an overdraft limit on this account, you must maintain your account in credit.

3.Payment will be in full and final settlement of this claim.

Please sign a copy of this letter as confirmation that you are bound by its terms and return it to us. As soon as you do so, we shall contact our client to arrange the refund.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

Martineau Johnson

 

 

I will be crossing no 2 out before I sign it

 

Still clams ??? I think this just shows how desperate they are not to go into court .They may try all the scare tactics but in the end just cave in as I would of won by default at 4pm tomorrow hence them emailing me the papers to sign and answering within a few hours of my email.

[GaryH]

Brilliant!

 

Well done for seeing it through till the bitter end - its given me massive encouragement and inspiration for my case (waiting for defence). This just shows that no matter how aggressive Lloyds and ther (edit) soliciters appear to be - they're still scared s**tless of going to court!

 

Enjoy the money!

 

Gary

[Janet-M]

Brilliant!

 

Well done for seeing it through till the bitter end - its given me massive encouragement and inspiration for my case (waiting for defence). This just shows that no matter how aggressive Lloyds and ther (edit) soliciters appear to be - they're still scared s**tless of going to court!

 

Enjoy the money!

 

Gary

 

Thats great to hear Gary as I was never interested in the money I just wanted to prove to everyone that no matter what they will cave in .

As soon as I get it 10% will go to the site rest will treat my kids

[shurst]

we need people like you most would have taken the early offer with open arms

[elsinore]

Congratulations mjanet, perseverance pays!!

 

It's come to a pretty pass though, when you have to correct the so-called experts over a pretty basic legal point.

 

And it's all so pointless, MJ's feeble attempts at damage limitation for a paltry £50. No doubt their bill to LTSB will have gone up by at least £50 as a result!

 

Elsinore

[reload]

Good stuff mjanet

[Janet-M]

After thinking about it I've changed my mind so this 3rd offer will also be rejected as it has conditions attatched .

[littlesherbie]

You Go Girl

I Wish My Letter Was As Good As That, They Just Sent Me A Settlement Letter But Were Only Prepared To Pay Just Over Half, So Sent One Back And Said I Will only Accept Full Settlement Of The Claim I Keep Watching This Post Regards Bev

[geteven]

You Go Girl

I Wish My Letter Was As Good As That, They Just Sent Me A Settlement Letter But Were Only Prepared To Pay Just Over Half, So Sent One Back And Said I Will Noly Accept Full Settlement Of The Claim I Keep Watching This Post Regards Bev

 

Sorry for butting in on your thread mjanet but can littlesherbie pm me and let me know at what point the Bank sent a settlement letter albeit for just over half the amount (!) My bank have until the 20th to reply to the Court before a judgement is given.

 

Kind regards,

Get Even

[mat02920]

Hey! Im about to make a claim against Lloyds. I was a little hesitant about taking it to court; but after reading all of this Im looking forward to taking them on!

 

Great work, let us know the outcome.

 

Mat

[Janet-M]

Email sent refusing this latest offer 6/7/06

''I shall not be returning your offer of settlement as you requested. It contains conditions and as you should realise by now I’m not prepared to accept anything but the full settlement of my claim which includes the accumulating interest ''

 

 

They filed their AQ into court at the last minute but have not complied with the judges order as they have not served one on me.

 

So as I can prove I am acting reasonable in the eyes of the court I am prepared to wait a few more days.

[mario]

Love it janet

[Janet-M]

Full letter sent to them by email 7th July

 

Dear Sirs

I shall not be returning your offer of settlement as you requested. It contains conditions and as you should realise by now I’m not prepared to accept anything but the full settlement of my claim which includes the accumulating interest at a rate 0.0528p per day until the date of settlement. Which I am prepared to say is the date that the settlement sum is paid into my account.

 

You had better understand that I am losing patience with your stupid boorish approach to litigation and to the customers of your client.

 

I am still trying to decide whether this boorishness is as a result of an instruction from your client to be boorish or whether it is your own idea.

 

Also please understand that I am well aware from the experiences of others on Consumeractiongroup web site that you often delay in paying out the settlement after an agreement has been signed.

 

 

I give you notice that I shall not accept such delays .The interest keeps on accumulating and as you know the court has ordered that I be permitted to enter judgement against you in the event that you do not fulfill certain procedural requirements .I am perfectly prepared to do this if necessary .

 

 

Finally I understand that your clients are closing the accounts of their customers who complain about their charges .What you may not know is that yesterday the FSA announced that it considered that this retaliatory action was discriminatory and that it was referring the matter of such closures to the banking code standards committee. The FSA also announced that it expected the banks not to become involved in this retaliatory closure and to uphold the standards of the banking code.

 

 

Let me warn you that if there is so much as a sniff of retaliatory action from your client that I will retaliate myself with a legal action which will embarrass them and which they will not forget.

 

Believe me

 

Janet

 

Reply by email 10th July

 

 

Without Prejudice - Confidential and Privileged

 

Dear Madam

 

Thank you for your email of 6 July 2006.

 

We note your point relating to interest and we have amended the settlement letter to take account of the daily rate that you have kindly provided. Please find a copy of the amended settlement letter attached.

 

Please note that the terms of settlement set out in the attached letter are not open to negotiation. This is the Bank's final offer. We therefore look forward to receiving a signed copy of the attached letter shortly.

 

We should like to stress once again that the refund of the full amount of your claim will not be arranged until we have received the necessary signed letter. It is therefore wrong to accuse Martineau Johnson, or our client, of delaying the payment of the settlement monies. You are however right to state that the interest will continue to accumulate until settlement has been reached and we would therefore urge you to accept the Bank's offer to refund the full amount of your claim immediately.

 

In reference to your last two paragraphs relating to account closure, please note that we are unable to comment on the management of other customer's accounts. We are however able to confirm that the offer of settlement set out in the attached letter includes no reference to closing your account. The Bank is offering you the opportunity to manage your account properly and, by maintaining your account in credit, you will not incur any further charges and the Bank cancontinue to provide you with banking services without further dispute.

 

We look forward to hearing from you shortly.

 

Yours faithfully

 

 

Martineau Johnson

 

 

enclosed

 

Without Prejudice

 

Confidential and Privileged

Dear Madam

 

Thank you for your email of 6 July 2006.

 

The Bank is willing to make an updated offer of settlement on the following basis:

 

1.The amount of your claim, £374.34, will be credited to your account together with the total amount of interest accrued at a daily rate of 0.0528p from the issue date of the claim until the date on which the settlement monies enter your account.

2.As you do not have an overdraft limit on this account, you must maintain your account in credit.

3.Payment will be in full and final settlement of this claim.

This is the Bank’s final offer. Please sign a copy of this letter as confirmation that you are bound by its terms and return it to us. On receipt, we shall contact our client to arrange the refund.

 

We look forward to hearing from you.

 

Yours faithfully

 

sorry for all the changing i have done while posting this , the kids are playing up

[nicsussex]

and your answer is?

[Janet-M]

As of now , Pay up unconditionally or see you in court.

[feralkat]

WOW - what an inspiration you are to us all!!

 

I shall continue to keep up to date with this thread - its like reading a good book!!

 

Good luck - you certainly give me hope

 

FeralKat

[lee6370]

you've got balls. fair play let them have it

[Janet-M]

WOW - what an inspiration you are to us all!!

 

I shall continue to keep up to date with this thread - its like reading a good book!!

 

Good luck - you certainly give me hope

 

FeralKat

 

As I have said right the way along the money is of no interest to me ,proving that the users here do not have to be scared of them or their threats is the most important thing to me. I just want everyone to see that no matter what they threaten they will back down hence them making me 4 offers to settle

 

BUT saying that we have to say ' be prepared your claim may end up in court'