viv16 v lloyds - FULL SETTLEMENT OFFERED

[viv16]

I was told about this site by a friend and like most people Ive passed it onto was a bit doubtfull. I had a business account with Lloyds from 2000, ceased trading in 2004 after my husband passed away. I like many others Im sure felt that the bank could have been more helpfull during the bad times and in fact have made the bad times 10 times worse. When we were £2000 over our overdraft limit the bank rang and offered us a loan of £12,000, £7,500 to pay off the overdraft and the rest to pay off an existing loan. We agreed as we didnt have much choice at the time. What we didnt know was that once the loan came through our overdraft facility was then cancelled, what a mess that left us in! Having looked at the unlawful charges taken from the account, approx £5000, if they hadnt already taken £3,500 when the loan was offered we wouldnt have needed the loan because we would have been within our overdraft limit.

 

This fight is a personal issue because when the bank was putting the squeeze on us our doctor was telling us we both needed more rest and a holiday. We never had that holiday.

 

I know my husband is looking down saying 'go get um girl' so for that reasons i wont stop until Ive won. This is a brilliant site, well done for all your hard work and good luck everyone!

 

Lloyds TSB

29th June - 1st request letter (sent recorded delivery)

30th June - Reply received from Richard Hoare - senior business manager at my branch

(re received letter, passed to customer service team)

07th July - reply from Musarat Siddique (re not upholding complaint, financial ombudsman )

17th July - LBA and schedule of charges (sent recorded delivery)

24th July - Letter received from customer service manager - (this is our final response)

31st July - moneyclaim filed

1st Aug - Claim Issued

14th Aug - Offer of full settlement with conditions

16th Aug - Letter sent accepting offer but NO CONDITIONS

30th Aug - Defence filed

1st Sept - Second offer received but confidentiality condition still included

2nd Sept - Notice of transfer and AQ received

4th Sept - Email sent accepting offer but reporting MJ to law society for confidentiality clause

8th Sept - Email received FULL SETTLEMENT ON ITS WAY UNDER MY TERMS!

[DJ Tazzz]

Good Luck. I am already at the stage of them wanting to settle though no further communication has been had from them. Just remember to divide up your claim to keep it under £5,000.

[viv16]

Thanks DJ it shouldnt be long for you now. Im a bit unsure about calculating the 8% interest when I file my claim, is it 8% pa on every charge from the day it was taken to the day of the claim? Any tips on how to work it all out, I dont want to make any mistakes.

[DJ Tazzz]

Viv16,

There is a spreadsheet on the site template page that should help work out the interest etc for you. You just have to amend it to reflect your charges... There are some notes on it there too. The banks solicitors have just sent a letter asking about how I calculated the charges so the intend to settle from the looks of things.

[viv16]

Thanks DJ, 8% interest now calculated. A couple more questions though.

 

Trying to file moneyclaim today, my claim is for £4995 plus 8% interest of £1176.53 = £6171.53 does this mean my court fee is £120 or £250? what information do I put in the particulars of the claim, there is obviously not enough space to write the hard copy version.

 

Thanks for your help getting a bit nervous now.

[DJ Tazzz]

viv16,

 

firstly, apologies in the late response but unfortunately, I left to go on holiday and have battled to get the internet up and running until now.. Dial-Up is also very very slow where I am so you can imagine..

 

Well, I would say that the answers to your questions are all sourced in the FAQ’s, I am not able to find my particulars of claim as I am not on my pc. The fees in your case would be 120 GBP upfront upon filing the claim and then it will be 100 GBP when the fill out your questionnaire when the bank files their defence. There should be a couple of threads on this site that should give you a short text on what to write in the online version of the particulars of claim, you should be able to do a search.

 

I am in the process of gather some meat on Capital One now so might get a few extra pounds back eventually.

[viv16]

I received a full settlement offer dated 14th August with terms and conditions:-

 

 

 

I replied on 16th August (recorded delivery) stating that I would accept their offer on the following conditions:-

 

1. Repayment would be made in the form of a cheque

2. The cheque would be made payable to myself

3. The cheque would be sent to me at the above address

4. Payment would be made within the next 7 days

 

I have had no response from Martineau Johnson regarding this letter.

 

Yesterday I received a letter from my business bank manager closing my account.

 

Today I received a letter from Martineau Johnson enclosing their clients defence.

 

Part 7 of their defence states:-

 

'It is denied that the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regulations apply to business customers who are not contracting a consumers, as required by the act and the regulations'

 

In my claim I stated:-

 

'Further, as a disproportionate penalty they are invalid under the Unfair Contracts Terms Act 1977. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15'

 

I really thought Id been carefull in my wording and followed the mods advice regarding claims for business customers. Have I made a big mistake here. Please advise. Also does anyone think I should write to Martineau Johnson asking why they have not replied to my agreement to settle letter, as this could give me another opportunity to mention their letter headed without prejudice confidential and privileged, which hopfully will then come to the attention of the judge when I file my AQ including all relevant documents.

 

Please please reply, I dont seen to hear from anyone when I ask a question, I appreciate there are a lot of questions to be dealt with but this is getting to the knitty gritty now and I cant afford any more cock ups.

 

thanks viv16

[tim2718281]

"'It is denied that the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regulations apply to business customers who are not contracting a consumers, as required by the act and the regulations'"

 

I am not a lawyer, but the bank's lawyers seem to think the Unfair Contract Terms Act 1977 applies only to contracts with consumers.

 

Justice Christopher Clarke thinks differently; see his comments in a case between two businesses, Balmoral v Borealis

 

Judge picks holes in supplier's exclusion clause | OUT-LAW.COM

 

'UCTA

 

'If a clause in a contract is deemed by a court to be unreasonable, its effect can be annulled by the Unfair Contract Terms Act of 1977, better known as UCTA. Had the decision on fitness for purpose been decided in Balmoral's favour, Justice Clarke indicated that he would have applied UCTA to prevent Borealis from relying upon clauses that limited its liability to an exchange or refund for breach of conditions ordinarily implied under the Sale of Goods Act of 1979.

 

'The limitation of liability clause in the Borealis conditions stated: "Borealis does not assume any responsibility for Products being suitable for any particular purpose unless Borealis in writing has approved such suitability." It went on to limit liability "for whatever reason" to an exchange or refund.'

 

Similarly, see the case in the Court of Appeal where the UCTA was applied in a case between two businesses.

 

http://www.ashurst.com/doc.aspx?id_Content=991#search=%22%22unfair%20contracts%20terms%20act%201977%22%20%2B%20judgement%22

 

Tim

[mooreda]

just out of interest if the bank are to close the account why not just agree to the conditions and then withdraw the money from the account - seems more sense to me to get the matter resolved more quickly?

[viv16]

Hi Mooreda,

 

I excepted their offer but requested a cheque. The bank only informed me of their intent to close the account after I asked for a cheque. They also included a confidentiality condition which I could not accept. They did not state how long they would take to repay the money and as many people have agreed, withdrawn court action and still not received a penny I was not about to fall into that trap.

 

I followed the advice of this site in as much as I should not have to agree to any conditions to receive money that is mine in the first place.

 

I agree that the action you suggest is the easiest route but we have to stand firm otherwise those who follow us will have a tough time convincing the banks that they mean business.

[Janet-M]

if you read through my thread ( link in my signature ) there are some letters in there that you can use for each stage you are at if that helps ? .They do try and delay in paying out once settlement is reached but there is a letter in my thread to deter that in some way by warning them that ' you are prepared to accept the date of settlement as the date the money is paid into your account and the interest will continue at a daily rate until then '

You are right as in you shouldn't accept conditions and they have no right to try and impose them , you are entitled to both your court isssue fee's and the daily interest do not let them try and bully you this is your claim and you stay in charge of it .

[viv16]

I've done it folks! I've won! UNCONDITIONALLY! Didnt even have to return my AQ - I'VE WON! They dropped the confidentiality -I'VE WON! £6,421.53 I'VE WON! Didn't even have a court date - I'VE WON!

 

IF YOU USE THIS SITE AND ALL ITS LETTERS, IF YOU PUSH AND PUSH THEN PUSH A BIT MORE - YOU WIN! STICK WITH IT ALL YOU WHO HAVE JUST STARTED, READ THE POSTS AND GET INSPIRED! THEY BULLIED ME AND TOOK ME FOR A FOOL BUT WHAT THEY DIDNT REALISE WAS WHEN THEY TOOK ON ME THEY TOOK ON THE MIGHT OF THE MOTLEY FOOL AND THEY DONT COME BETTER THAN THAT!

 

In case anyone hasnt realised by now I'VE WON!!!!!!!

 

IF ANYONE WANTS ANY INFO ON MY JOURNEY ESPECIALLY THAT LOVELY PARAGRAPH ABOUT 'CONFIDENTIALITY' WHICH PROVED I MEANT BUSINESS THEN LET ME KNOW - I'LL HAPPILY TELL THE WORLD - I'VE WON!

 

AND THERE'S A VERY SPECIAL GUY DANCING IN THE HEAVENS TONIGHT XX

[Dappa44]

Christ that was quick, i filed on the 6th June and am still waiting for a bloody court date.

 

WELL DONE !!!!!!!!!!!

[DJ Tazzz]

Great News VIV16,

It seems they have taken you a lot more seriously than me. They have requested a 1 month Stay to try and settle. They sent me a letter asking for an explanation of my figure of which I sent them and I have not herd anything from them since. My court date is this week sometime and the trick is I am out in South Africa sorting other stuff out and will have to send someone in my place...

[Dead By Dawn]

Excellent news!!! Well done - it's another motivation to all of us still caught in the middle of the process.

 

Maybe the reason this case was quicker was coz it was a business account? Whereas most of us on here are claiming for a personal account. :idea:

[reload]

Big congrats viv

[sidvicious]

well done and best wishes to you.

[countderek]

Well Done Viv16. I have just received my first letter from Ms Musarat Siddique,in which she says that they(lloyds tsb) do not agree with OFT and are still 'talking it through with them' and that the refusal they have made represents the banks 'Final response'. They also deny that the OFT guidelines only concern Default Charges not the fees they charge for going over overdraft limits etc. So it looks as though I will have to get tuff.

[viv16]

Just make sure you use all the info on this webb site and STICK TO YOUR TIME SCALE they will soon realise you know what you're talking about and you mean business! good luck

[jadest]

I've done it folks! I've won! UNCONDITIONALLY! Didnt even have to return my AQ - I'VE WON! They dropped the

confidentiality -

I'VE WON! £6,421.53 I'VE WON! Didn't even have a court date - I'VE WON!

 

IF YOU USE THIS SITE AND ALL ITS LETTERS, IF YOU PUSH AND PUSH THEN PUSH A BIT MORE - YOU WIN! STICK WITH IT ALL YOU WHO HAVE JUST STARTED, READ THE POSTS AND GET INSPIRED! THEY BULLIED ME AND TOOK ME FOR A FOOL BUT WHAT THEY DIDNT REALISE WAS WHEN THEY TOOK ON ME THEY TOOK ON THE MIGHT OF THE

MOTLEY FOOL

AND THEY DONT COME BETTER THAN THAT!

 

In case anyone hasnt realised by now I'VE WON!!!!!!!

 

IF ANYONE WANTS ANY INFO ON MY JOURNEY ESPECIALLY THAT LOVELY PARAGRAPH ABOUT

'CONFIDENTIALITY'

WHICH PROVED I MEANT BUSINESS THEN LET ME KNOW - I'LL HAPPILY TELL THE WORLD - I'VE WON!

 

AND THERE'S A VERY SPECIAL GUY DANCING IN THE HEAVENS TONIGHT XX

 

Glad you won, well done.... I have just filledin my Allocation Questionnaire, any tips, to speed them up into settling quicker?

:)

[viv16]

Hi Jadest,

 

Have you had an offer of settlement yet. If you have keep replying to their letters accepting their offer or part settlement but refusing to accept their conditions. Make it plain that all letters you send them in an attempt to reach a settlement will be forwarded to the court. Im sure they realise that the court will soon get fed up with their delaying tactics clogging up the court system, and if the courts take action against them doing this then the flood gates will open and they've had it. We know they've had it but they keep fighting, we just have to fight harder.

 

good luck xx

[viv16]

Dappa44

 

If you've waited that long I'd phone the court and see whats going on. Have you had an offer letter? Have you received your AQ seems strange you havent heard anything by now.

 

good luck x

[jadest]

they have not yet replied to any of my letters, since I got the final response, and took court action the only thing I got was a copy of there defence from court. The Allocation Questionnaire has to be in for 20th Sept. I have filled mine in and sent a copy to there solicitors (special delivery) hopefully will hear from them soon.

[cathrionas]

Dear Viv,

Brings a tear to my eye... Wonderful! Well done and thank you for the information (inc in the other thread)

C

[Tiger231589]

Congratulations and well done. Thats just made me smile.