LEE Vs lloydstsb

[GaryH]

Excellant news, well done. It'll contain conditions, so you'll have to decide whether your prepared to accept them or not. Many of us have refused the conditions - which they have no right to try to impose and you are not obliged to accept - with no negative consequences on the settlement. Up to you though.

[lee trebilcock]

hey gary do u have a template letter that i can use if i dont except the conditions ??

[GaryH]

Here's what I sent. The tone is probably what you might call, er.. blunt, though to be honest. I was absolutely sick of them at that point and it probably shows! If you want to modify the tone a bit I can edit it a bit if you like. When you get the offer, if you don't want to accept the conditions, let me know what they are and I'll do a response if you like.

 

Sechiari, Clark and Mitchell

Department SO

PO Box 499

Upper Ground Floor

1 – 5 Queens Road Quadrant

Brighton

BN1 3XJ

 

 

18th August 2006

 

 

Dear Sir/Madam,

 

 

Account Number: ****** ********

GaryH-v-Lloyds Bank PLC

Claim Number: ********

 

 

Thank you for your letter dated 14th August 2006, in which you offer settlement in relation to my claim against your client, Lloyds TSB Bank PLC.

 

Regretfully, I am unable to agree to settle upon the terms to which you request. In previous correspondence with your client, I have made absolutely clear on numerous occasions that this matter will not be resolved until such time as I receive a full and unconditional re-imbursement of the money taken from me by way of unlawful charges. Whilst I realise that I must mitigate my loss, I am under no obligation to accept any conditions and furthermore, you have no right to attempt to impose them. I am prepared to settle this matter for the amount of the claim, namely £364.03 as per your offer, but this amount should be offered unconditionally. Please note that my position on the matter of conditions is final and that no further correspondence or negotiation will be entered into in this regard.

 

I feel I must also comment upon how disappointed I am at the manner in which both you and your client have conducted yourselves throughout the process of this claim. You have displayed brinksmanship at every single stage of the process which I find to be most distasteful. Also, as these seem to be the tactics deployed by you and your client in every other case similar to this one, these tactics are seemingly an attempt at intimidation which, in my view, constitutes a cynical abuse of the court system.

 

Furthermore, I find the tone of your recent letter to be inappropriate and the content to be, in part, deceptive. I particularly refer to the first paragraph in which you state the letter to be “confidential between yourself, ourselves and the bank.” However, you must surely be aware that there can be no unilateral imposition of confidentiality in these circumstances and for you to state otherwise is an untruth. Should this disingenuous representation continue in future correspondence, I may be minded to make a formal complaint to the Law Society.

 

Yours Faithfully,

[lee trebilcock]

Hi gary thanks for that recieved my settlement letter today and the conditions are that ,, The amount will be credited to my gold service account, is this my current account ???, The payment will be full and final settlement of claim.The terms of this agreement are confidential between the bank and myself. I must agree to maintain my account with the bank in its agreed limits and in accordance with the terms that govern the account. You can avoid these fees in the future if i agree to take out an increased overdraft before i try to make payments that would take me over any previously agreed overdraft, so i do not occur any more fees .

Thats about it really , what do you think ? Oh and the amount was for 3572.46 I will be leaving a donation to this site, for without i would not of been able to achieve this, thanks to you gary and everybody who helped along the way , and to anybody still unsure about the process, go for it it really does work and its a great feeling , believe me.

[GaryH]

Brilliant, well done Lee, I'm well chuffed for ya:)

 

As for the conditions, that is up to you. Do you agree with them? Can you agree to be bound by them? It really is your decision. They have no real right to impose them, and you are not obliged to accept them if you don't want to. You will still get your money if you don't agree the conditions, but it may drag it out longer. Choice is yours!

[BARTY]

Congratulations Lee!! :D

Barty