mjanet v lloyds :** WON ** UNCONDITIONALLY

[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'

[Janet-M]

LMAO believe me I can't lie to save my life anyone who knows me would know right away I was lying cos I just end up laughing .

 

But in the words of Bookworm its maaaaaaahhhhhhhhh munnnnnnnnyyyyyy who are they to set conditions when I am suing them

 

ok I quite like conditions 1 & 3

[Janet-M]

Of course I don't mind

about FSA I read it somewhere and can't remember where, also Bankfodder has been telling everyone here

[Janet-M]

Email sent today

 

Dear Sir,

I have repeatedly advised you that only unconditional full settlement will result in my withdrawing the claim in which your clients are the Defendants. Yet, you persist in trying to impose conditions, in blatant disregard of my previous communications.

 

 

If after settlement, your clients wish to discuss the running of my account, I shall happily do so, but not while this court action is still ongoing.

 

Yours truly

[Janet-M]

Can I ask at what point your receiving all these offers, only I've been told by the Court that Lloyds have until the 19th to put in a defence, and I'm wondering whether I should write to them and give them a nudge? what do you think?

 

If you read through my thread every action is dated , so you will get a clear idea of time scales in my case , though every case may have different time limits.

 

I would DEFF not write to them as that shows you are nervous.

[Janet-M]

Reply from solicitors today

 

 

Without Prejudice - Confidential and Privileged

 

Dear Madam

 

Thank you for your email of 11 July 2006.

 

As stated in our email of 10 July 2006, the terms of settlement set out in our letter of the same date are not open to negotiation. This is the Bank's final offer.

 

Please note that the terms of settlement do not require you to discuss the running of your account with the Bank and we therefore do not understand the relevance of your second paragraph.

 

We would remind you that, in your email of 19 June 2006, you stated that you would accept the refund of £374.34 in full and final settlement of this claim. It is therefore clear that you do not object to condition number 3 of our letter of 10 July.

 

In light of the above, we would suggest that you agree to what are wholly reasonable terms of settlement and sign and return our letter of 10 July 2006 as soon as possible.

 

We look forward to hearing from you shortly.

 

Yours faithfully

 

 

Getting bored now with them .It's more like the cleaner answering me then a solicitor

[Janet-M]

My reply

 

Dear Sir,

since it now seems obvious that you do not seem interested in reading my communications fully, I shall break it down for you in clear, fair and transparent terms:

1) This claim will be deemed settled once full and final UNCONDITIONAL settlement has been made.

2) Since you have failed to comply fully with judge's orders by the given date of 7th July 2006 , unless you comply with my terms by the end of working day tomorrow Friday 14th July , I shall have no option but to register default at 10am on Monday morning.

Yours Truly

[Janet-M]

recieved by email at 11.45 pm tonight (talk about last minute )

 

Without Prejudice - Confidential and Privileged

 

Dear Madam

 

Thank you for your email.

 

In the circumstances, the Bank is willing to settle this matter by refunding the full amount of your claim immediately.

 

We have raised a solicitors' cheque for the sum of £379.73 to settle claim number 6LV21557 in full and we have sent this to you by special delivery today. You should therefore receive the cheque tomorrow and we should be grateful if you would then contact the Court to confirm that the case has been settled.

 

Please can you also send us a copy of your letter to the Court for our file.

 

Yours faithfully

 

 

Martineau Johnson

Now can't they get the money to you quick when it suits them

[Janet-M]

I'd be inclined to add interest on for the time the cheque will take to clear

it's a Lloyds cheque so it's like cash as in it will clear immediatly

are you going to give them till tuesday morning to get the cheque in to your hands ?

Cheque now in my hands it was delivered at 7.30am

Donation of 10% now given , happily , money well spent.

 

 

edit

 

I marked all my corrospondence 'without prejudice ' I was wrong to, so if you read this thread and use any of my letters then PLEASE do not mark yours the same.

[Janet-M]

.

Told ya they'd blink first!!!!

 

Think it was more like sh... oops poo themselves

[Janet-M]

MJanet well done you are my new hero

 

Was that daily interest the 8% statutory interest thingy? Or something else?!

 

Well Done!

 

Yes the 8% as we where not talking about claiming contractual interest when I put my claim in.

[Janet-M]

Hi please post that question in your own thread where I will answer it please do not hi-jack anyone elses thread ...........

 

 

especially not mine

 

 

 

edit

 

If anyone is interested I have answered jimruss here on the welcome forum

[Janet-M]

Just had a laugh in the bank ...........

 

Part of the conversation played to a queue of customers, queue growing longer by the minute

 

Me: I can draw on that cheque right away can’t I with it being a Lloyds cheque

 

Cashier 1: No, it’s a business account it will take 3 working days

 

Me: (in a loud voice) but it’s from your solicitors surely you trust your own solicitors to honour a cheque especially when it’s written on behalf of Lloyds

 

Cashier 2: we have loads of solicitors

 

Me: So don’t you trust any of them is that what you mean

 

Cashier 1: Oh do you have a mortgage with us is that what this cheque is for

 

Me: (in a VERY loud voice) No it’s a cheque to refund all the unlawful bank charges you have been taking from me ,you know when you go overdrawn and the bank starts charging you £35 well I found out they where unlawful charges so your solicitors have just repaid me them all on your behalf .

 

Cashiers: (silence)

 

 

 

so as far as this statement earlier in the thread I was wrong

 

 

it's a Lloyds cheque so it's like cash as in it will clear immediatly

NOW do I email the solicitors and tell me they owe me 30p (aprox )

[Janet-M]

Aww I can't really cos all they will do is send me another cheque then the same will happen again etc etc .Would be funny to though but I can't do it

 

I have to accept the claim is settled and behave myself , very hard for me

[Janet-M]

email recieved from solicitors

 

Without Prejudice - Confidential and Privileged

 

Dear Madam

 

Please confirm that you received our letter of 14 July 2006 and the cheque for the sum of £379.73 that was enclosed.

 

We should be grateful if you would contact the Court to confirm that the case has been settled as soon as possible.

 

Yours faithfully

 

 

My reply sent by email

 

Without Prejudice

 

 

Dear Sir ,

I recieved your letter and the cheque .I was about to write to the court today to say the claim was settled until I went to my branch and was informed that they had to wait for the cheque to clear.I explained it was a cheque from their solicitors on behalf of Lloyds and they must realise it would be honoured but they still insisted it was a buisness account and the cheque would have to clear.I think if Lloyds themselves are concerned over the cheque then I to must follow them and wait for the cheque to clear before informing the courts.

 

I must say though it does seem a very strange relationship between you and your client.

 

 

I am not going to be as petty as to inform you that the money is not in my account so the interest is not to date.Instead I am prepared to accept that cheque in full and final settlement of this claim.

 

 

As soon as Lloyds themselves are happy that the cheque is honoured and pay the money into my account then I will imediatly inform the court in writing that the claim is settled and send a copy on to yourselves, as you requested

 

Yours Truly

 

[Janet-M]

I will definitely be referring to this site to give me guidance - and will hope mjanet will not be offended if others use her letters etc as templates for their own.

Debbie

We are all here to help and support each other , if anyone sees a letter posted anywhere on this site that they want to use then use it .That is why everyone posts them.

I must admit though that not all the letters where my own work

 

Please do not mark your letters 'without prejudice ' as I had made a mistake by doing this.

[Janet-M]

Well done Mjanet - I'm going to do a simlar with my claims. Of course, will keep everyone updated on my own threads! (All my threads have un1boy in them!!)

 

 

 

Just a quickie - how did you make a mistake? What does without prejudice mean etc?

 

Thanks.

 

Without prejudice means it can't be produced in court ,when in fact if you do end up in court you would want to be able to produce your letters

[Janet-M]

What exactly does this mean? lol

In plain english .. they where trying to tell me that I was unable to talk about the letter they had sent me as they had marked it ' without prejudice , in confidence etc etc ' when in fact this was totally untrue ,I had signed no confidentiality agreement and NEVER would , so as has already been explained above they are not allowed to mislead on points of law and the law society would take a dim view of it.

[Janet-M]

Wow thanks for all your comments , glad my thread has inspired so many others

Can I just point out about starting your own thread and not hijacking other peoples threads , especially not mine

 

I have been off for a few months for personal reasons so please accept my appoligies to anyone that has Private messaged me and not recieved an answer.I only got to see them all yesterday and there was that many that its just impossible to reply to them all.If anyone had something important to ask me and still needs a reply can you please PM me again over it .I am sorry but I am unable to answer questions about individual claims by PM unless you have a very good reason why the question can not be asked in your own thread.

[Janet-M]

You know since I have had these charges back they have NEVER given me another one . I have a few times had standing orders etc and not had enough funds and not once have they paid them and made me overdrawn .I just looked this morning and again something hasn't been paid as not enough funds .They don't write or anything , they just don't pay it .

 

Shows they can NOT pay if it suits them

[Janet-M]

errrrrrrrrrrr ..I'm lost ???

[Janet-M]

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