Can someone help me with this letter?

[lynzpower]

Hi there

Ive had a letter from Ltsb solicitors saying that they will refund my charges, but with conditions

1) that I dont take any further action against lloyds ( but I have a claim ready to go of 311. from mastercard)

2) that I abide by confidentiality.

 

The letter Ive written looks like this :

I am happy to accept the payment of £1592.37 into my Lloyds TSB account. I am also happy to maintain my account within the Terms and Conditions as I have always endeavoured to do so.

 

However, there are two things that I feel unable to accept.

 

The first is that you wish me to abide by confidentiality. I am not too sure what you mean by this, and as a result I am unable to agree compliance. If you wish to enter a commercial agreement with me in respect of confidentiality, I am sure you understand that I will need details of what you are expecting of me in terms of my behaviour. Once I have seen these expectations, I can then consider if I will comply with your request, and if so, at what cost. I look forward to receiving details to this effect by return of post.

 

The second is your statement “payment of 1592.37 will be in full and final settlement of this claim and of any future claim you have or may have against Lloyds TSB Bank Plc arising out of, or in any way connected to this claim, and any other further charges to your account”.

 

I am not able to give you this assurance. I believe that my legal rights are those, laid down through statute. As far as I understand it, you as a third party are not able to curtail my legal freedoms and rights, and I am surprised as a Firm regulated by the Law Society you are not aware of this. You can however, request that I take no further action against Lloyds TSB and I can choose whether to abide by your request or not. "

 

this is of course just a draft, if anyone can help me out here much appreciated need to get it off asap.

 

An ideal situation would be that the further 311.50 would be included from LTSB mastercard ( Ive done the LBA, but cant take action as one LTSB case is in the court process, so would have to wait till the current account one is wrapped up till proceeding)

 

 

Cheers in advance

Lynz

xx

[THEVARNSTER]

Am no expert but you seem to have it covered fairly well..

[lynzpower]

Shall I put " you are likely to be aware that I have requested fees totalling 311. from Ltsb mastercard. I intend to take action for these charges seperately. I presume, due to the court costs that you state, you will not wish to defend this refund in court. Therefore, if you are able to refund this fee of 311. odd then I can see no current reason why any further action to Lloyds TSB would be neccesary

 

What do you reckon?

[gizmo111]

Shall I put " you are likely to be aware that I have requested fees totalling 311. from Ltsb mastercard. I intend to take action for these charges seperately. I presume, due to the court costs that you state, you will not wish to defend this refund in court. Therefore, if you are able to refund this fee of 311. odd then I can see no current reason why any further action to Lloyds TSB would be neccesary

 

What do you reckon?

 

I would reply somethign like

 

I am prepared to accept the amount of XXXX unconditionally in full settlement of my claim no xxxxx against yourself. I am not however prepared to agree to either a confidentiallity clause or to waive my future rights. Should this be agreeable to you, I would expect to receive your response in 5 wrking days, when I will inform the court that this matter has been settled.

 

Alternatively I am prepared to proceed to court where I am confident I will win my claim and the judge would not uphold you request for unfair conditions to be part of the settlement.

 

Your

 

Etc

[Glenn UK]

If you accept with your conditions in place put a timeframe on when you expect cleared funds to be availlable.

 

You wouldnt want them to take a month to send the cheque through.

 

HTH

 

Glenn

[englishrose]

I dont think they expect anyone to really accept the confidentialty clause. I crossed it out yesterday faxed it and then got letter today stating money will be in my account in 7 days.

[lynzpower]

thanking you all very muchly, Ill adapt my letter and get it send recorded delivery tomorrow morning

 

Cheers