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Recieved allocation questionnaire from Lloyds tsb


jillg
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Recieved allocation questionnaire from lloyds tsb today. They have ticked the box to say that they want an extra month so that they 'can attempt to settle the claim either by informal discussion or by alternative dispute resolution.' They have also ticked the yes box to say that there are days when they cannot attend court for the hearing and that is... all of September. I am a bit confused. Does it mean that they are going to make an offer to pay back my money or are they delaying further??

 

I also had the opportunity to talk to Mr. Thomas yesterday and told him that, as the bank had not made a counter claim against me, they should stop trying to intimidate me with court action as I am overdrawn on my overdraft as a result of their charges and as I have taken action against the bank they can do nothing until that matter is resolved.

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Recieved allocation questionnaire from lloyds tsb today. They have ticked the box to say that they want an extra month so that they 'can attempt to settle the claim either by informal discussion or by alternative dispute resolution.' They have also ticked the yes box to say that there are days when they cannot attend court for the hearing and that is... all of September. I am a bit confused. Does it mean that they are going to make an offer to pay back my money or are they delaying further??

 

I also had the opportunity to talk to Mr. Thomas yesterday and told him that, as the bank had not made a counter claim against me, they should stop trying to intimidate me with court action as I am overdrawn on my overdraft as a result of their charges and as I have taken action against the bank they can do nothing until that matter is resolved.

hi jill could you tell me where to send my S.A.R. Letter to?
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jillg, there are no depths to which LTSB will not sink in order to deflect you from your mission.

 

Give the sol's a call (or write) saying yes, I'm ready for an informal discussion, what have you got to say? Or, perhaps you would like to indulge in some alternative dispute resolution, please go ahead. Let's get it over with!

 

If you get a derisory offer, or no offer, write to the court explaining that LTSB have already had xx days to resolve the matter and have so far refused to negotiate. You have therefore exhausted all possibilities for agreement and totally disagree with any further delay. Send sols a copy of that letter.

 

Who is Mr Thomas?

 

Elsinore

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Morning jill,

I called scm at this stage to ask why they needed a further month and I cant go in to detail sorry but lets say I'm gonna have a good weekend, read my thread brecken v Lloyds

Bet Mr Tomas is ready for a holiday lol

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Hi Elsinore and brecken and anyone else reading,

Many thanks for the advice. Will contact sols Tues am. Need to get this sorted asap.

Mr Thomas , I believe, is the sol dealing with this. He said that he is only acting on the instuctions of their clients when I told him to stop sending me threatening letters about taking me to court because I have exceeded my overdraft ( which is as a result of the charges against my account). I also pointed out that they did not counter claim so basically they can wait till they pay me!

And yes... he did sound like he needed a holiday!

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I understand that one of the conditions of settling is that the bank will credit the account with any money refunded. Can they withdraw my overdraft and can they take money out to pay my credit card? We are in serious financial trouble as a result of the charges. We have a repossesion hearing on our mortgage at the end of september. If I am able to have control of my money if and when they do refund, then I can get sorted but if they start taking it, then we are in deep s--t.

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Tell them that you want the money in a cheque as one of your conditions of settlement. They have no right to tell you what to do with your own money.

 

be aware though they are within their rights to demand payment of the OD and CC so may have to come to some arrangement once you have your money. The format you recieve it in though is entirely up to you.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Just recieved my offer from SCM. I am not happy with condition 3:

"Payment of £XXXXXXX will be paid in full and final settlement of this claim and any future claims you have or may have against LLoyds TSB Bank plc arising out of, or in any way connected to, this claim, and any further charges on your account."

 

What's all that about? Does it mean that the bank can charge me again and I can do nothing about it? I'm also about to go for the charges to my credit card account.

 

I can't delay too long on settling because of the situation with the mortgage , but I can't sell my soul to the devil either.

 

By the way I,ve just checked my account and found that they have taken a further £98.01 yesterday! Do I tell the solicitor that they now need to add the £98.01 to the settlement?

 

Time is really of the essence in my case, especially as I am going to request payment by cheque.

 

I don't think I have ever been as stressed as I am at the moment.

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BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Firstly, do not agree to that condition. I suggest you remind SCM who is suing who. Absolutely do not be coerced into agreeing to that. Secondly, yes tell them to add the £98 and anything else they are thinking of charging you in the near future.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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  • 2 weeks later...

I think Lloyds are trying to pull a fast one!!!! I returned the offer to scm with the bit about future claims etc deleted and singed. I also told them that I wanted paying by cheque and that they should also refund the £98.I added that I would not be coerced into accepting any other conditions. Yesterday I checked my account and found that they have credited it with the original amount, which really p***ed me off, if you know what I mean. Like they have to have control of my money and where it goes and also have the last word. I went straight down there and got a cheque made out to pay the mortgage (to stop the repossesion hearing). They charged me £10 for this!( my debit card had expired last month and they didn't send me another one)

Now I am going to phone to see if they will refund the £98 or I will start again.

Today I have at last recieved the statments for my credit card after sending a letter re court action if they did nit reply in 7 days (from templates). I have been waiting for these since March!!!! but because of a feeling of inertia due to our financial situation I didn't feel able to takle that at the same time. Having won, I now (well almost) I feel I can now do it.

Last night I slept through for the first time in ages, knowing that the repo hearing will be cancelled.

Cheers everyone. I couldn't have done it without you.

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Just phoned ltsb only to be told that they are not in a position to refund the £98. so it looks like I have to go through all the process again!

Has this happened to anyone else?

These charges have been added whilst their solicitor was offering to settle. It is so frustrating and annoying!!!!

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Make sure you send them a firm letter reminding them that they have just settled for the amount they took PLUS costs and interest. Point out that in light of the fact that you have demonstrated that you will not stand for their unlawful charges, it will be in their best interest to repay the charges now before they incur further costs and end up paying them back anyway. Probably wont get you far with Lloyds because they are so stupid and arrogant that logic doesn't seem to apply, but it's worth a try. I'd avoid phoning them where possible because their phone staff are invariably useless.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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I think Lloyds are trying to pull a fast one!!!! I returned the offer to scm with the bit about future claims etc deleted and singed. I also told them that I wanted paying by cheque and that they should also refund the £98.I added that I would not be coerced into accepting any other conditions. Yesterday I checked my account and found that they have credited it with the original amount, which really p***ed me off, if you know what I mean.

 

That's very nice of them

 

Now write and ask them for the cheque, and if they don't issue it, carry on with the court case.

 

I believe they have no right to claim priority over your other creditors.

 

Tim

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I like the idea, Tim. I would never have thought of that and I will seriously give it some thought as they obviously took the excess overdraft which was only one of my debts. Hmmm

 

Thanks Mindzai, will send off letter today and may incorporate it with Tim's suggestion.

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  • 2 weeks later...

Sent letter to scm informing them that as their clients didn't comply with the terms of settlement ie pay the resently applied charges and pay me by cheque that I will be going ahead with the court case against them, and as a result I will be seeking compensation for undue hardship and distress caused by their actions.

Court date is 27 Nov. Can't wait!

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Recieved allocation questionnaire from lloyds tsb today. They have ticked the box to say that they want an extra month so that they 'can attempt to settle the claim either by informal discussion or by alternative dispute resolution.' They have also ticked the yes box to say that there are days when they cannot attend court for the hearing and that is... all of September. I am a bit confused. Does it mean that they are going to make an offer to pay back my money or are they delaying further??

 

I also had the opportunity to talk to Mr. Thomas yesterday and told him that, as the bank had not made a counter claim against me, they should stop trying to intimidate me with court action as I am overdrawn on my overdraft as a result of their charges and as I have taken action against the bank they can do nothing until that matter is resolved.

hi jill, am awaiting my aq, 28 days where up last night and They defended it right at this last minute- as per usual with these guys it seems now.

Good luck in your quest and would you given your experience so far have any tips?

 

Phil.B

 

24th Aug 2006 - Small Claims Court action filed

26th Aug 2006 - Claim deemed to have been served

6th Sept 2006 - Defendent filed an Acknowledgment of Service

26th Sept 2006 - Defendant's solicitors filed a defence (Sechiari Clark & Mitchell).

Currently awaiting AQ.

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hi jill, am awaiting my aq, 28 days where up last night and They defended it right at this last minute- as per usual with these guys it seems now.

Good luck in your quest and would you given your experience so far have any tips?

 

Phil.B

 

24th Aug 2006 - Small Claims Court action filed

26th Aug 2006 - Claim deemed to have been served

6th Sept 2006 - Defendent filed an Acknowledgment of Service

26th Sept 2006 - Defendant's solicitors filed a defence (Sechiari Clark & Mitchell).

Currently awaiting AQ.

Almost the same time scale as mine is running too, I had a letter today saying they had filed a defence and I am now awaiting my AQ......Why cant they just admit they are wrong and pay up :)

 

 

Mike

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When you get your aq fill it in and return it ,send a copy to lltsb sols. they also get an aq, so you will get a copy of this. on mine they had ticked the box requesting a further month ,supposedly to come to some agreement. when you get this give them a ring (see earlier posts in this link) and dont settle for anything less than they have taken from you. As you can see I got most of my money but have told them that I am going ahead with the court action as they have not complied with my terms.It's a pity that they waste so much time and obviously there money. It must be costing them a fortune in slicitors fees. Do I care? Don't be intimidated. Good luck. Jill

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When you get your aq fill it in and return it ,send a copy to lltsb sols. they also get an aq, so you will get a copy of this. on mine they had ticked the box requesting a further month ,supposedly to come to some agreement. when you get this give them a ring

 

As I've said before.... ring them straight away if you get this. They've asked for a month to settle so ask them what their offer is, if it's not 100% what you want then reject it (in writing) and write straight back to the court to tell them they won't settle. Then ask for the stay to be lifted on the grounds that all other avenues have been exhausted.

 

Pete

I will not make any deals with you. I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own. Number 6

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  • 1 month later...

Today I received a letter from SCM telling me that as the settled at the end of August they have told the court that the case is settled and that i should do the same. NO WAY!! As they are still adding charges to the account which I have not been able to use as I can't afford to lose any more money I will see them in court on 27th Nov. I am so angry about the knock on effect that the charges have had on my family's finances that i owe it to them and myself to make this stand. It really has been horrible and very upsetting.

Jill

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