Lloyds TSB defending claim, feeling scared!

[anjumanji]

Hi All

 

This is my first post, so I thought I'd start by letting you know my progress so far.

 

10th March 2006 - sent letter with details of all charges from July 2002 to date and requested they be returned. (Charges available on internet banking)

 

16th March 2006 - sent letter with details of charges from March 2000 to June 2002 requesting these also be returned. Informed Lloyds that if all the charges were not refunded within the next 14 days I would go ahead and claim without further notice. (Charges from copy statements requested)

 

20th March 2006 - received letter from Mandy Horton saying I incurred the charged by not managing my account correctly and perhaps I should consider banking elsewhere.

 

22nd March 2006 - sent reply to Mandy registering my disappointment at having received a standard letter. Also mentioned that as a Lloyds customer of 11 years I felt very badly treated and that it appeared they didn't want to keep my custom. Told them I hadn't been happy with their service for a while and had already opened alternative accounts elsewhere for the day to day running of my affairs. I suggested that if they were to return the funds to me I would be willing to bring back my salary receipts as well as making payments from this account. In the instance that this was not acceptable I would go ahead with legal action on 31st March 2006.

 

24th March 2006 - received reply saying that they would not return the funds.

 

31st March 2006 - filed claim with MoneyClaim online.

 

3rd April 2006 - claim was issued.

 

11th April 2006 - claim was acknowledged by Martineau Johnson, Lloyds TSB's solicitors, showing intent to defend the claim.

 

It was on my doormat when I returned from holiday and I must admit I felt a bit sick. I'd been hoping that they'd ignore it, or that I'd have a nice cheque waiting for me. I suppose I just have to wait and see what happens!

[Neo]

Don't worry, that is exactly what they want.. you to feel scared! It s a scare tactic, in the hope that you won't follow it up or you will accept a smaller settlement. Worry not, they will offer at the last minute more than likely..

 

If you hear anything else, make sure you post straight away

[DJ Damo]

with the new OFT ruling I dont see who they have a leg to stand on, in all honesty

[Guest Lueeze]

Like has been said dont feel scared...the chances are sooo slim that you would ever actually need to attend court...

 

Whats the worst that could happen even if you had to?

 

Dont back out now you got this far...they WILL pay up

[Maxie]

I'm sure they'll settle - thye just inicated they will defend right? You'll get a letter offering a refund at some point soon!

[jack]

Dont be scared we are all in this together defending our rights, after all you are only askingfor what is rightfully yours.

 

 

Keep us posted

[PrincessAphrodite]

Don't be scared! A lot of us are around the same stage now, take a look at my thread and see that I probably received the same Defence as you. We can all support each other here.

[anjumanji]

Thanks for your messages everyone!

 

I haven't actually told my husband what I'm doing cos he scoffed when I first mentioned it. He works for the Nationwide BS and said there was no way the banks would repay the charges. When I asked if they employed someone to deal with unpaid items, he said that it was all done automatically.

 

As far as he knows I ordered the statements to find out what I'd paid in charges, he doesn't know I've written to bank and am now going through Money Claim. Every time an official looking envelope comes through the door I have to get there and grab it before he sees it!

 

I was hoping to have the money and wave it in his face and say 'ha, told you so!' But as he doesn't know what's going on, I can't share my worries with him. It helps to have all of you on side supporting me.

 

Fingers crossed that it doesn't go all wrong and I don't have to end up in court cos then he'll be the one telling me!

[cajdad]

Thanks for your messages everyone!

 

I haven't actually told my husband what I'm doing cos he scoffed when I first mentioned it. He works for the Nationwide BS and said there was no way the banks would repay the charges.

 

According to the settlement survey (link below) Nationwide has already repaid at least £11043! And that's only to those people who know about, and have bothered to complete, the survey. He'll learn!

http://www.bankactiongroup.co.uk/survey.php

[maka]

Hi sorry if this is not posted in the correct place( please feel free to move it.

all i wont to know is were to look for advice on entering a clain against lloyds i have sent both letters, last one stating if i did not get a full refund in 14 days i will start court action. i have now had my reply and they have told me that a refund will not happen so how do i start court action thanks in advanve.

[anjumanji]

According to the settlement survey (link below) Nationwide has already repaid at least £11043! And that's only to those people who know about, and have bothered to complete, the survey. He'll learn!

http://www.bankactiongroup.co.uk/survey.php

 

True, but when I started out with this back in March this data wasn't available. Plus he works as a Financial Advisor and he seemed to think that the banks would soon stamp on the customer rather than allowing us all to start claiming.

 

In any event, I went ahead with it and funded the £120 court fee out of my overdraft with Lloyds, an irony that I hope they didn't miss!

[anjumanji]

Last night I came home to find an allocation questionnare waiting for me. I have completed it, but am a bit flumoxed by the whole fees bit. The letter that accompanied the form stated that if I was claiming more than £1,500 I would have to pay an additional £100 court fee on returning the completed questionnaire.

 

My question is this, I'm claiming £1,123 in charges with £343 interest at 8%, so that's £1,466. With the fee of £120 paid to file the claim, the total amount is £1,586. So do I pay the additional charge of £100 or not?

 

Is the £1,500 threshold based solely on the claim or does it include the court fees too?

[Guest Lueeze]

Im sure its just for the claim not the fee's

[Mgizmogpc]

Claim only, send it in but only at the last moment, they'll settle, prepare it to go anyway.

[anjumanji]

Thanks Peeps, the reason I was asking is cos when I called Money Claim yesterday they told me to include the fees and return the questionnaire with £100, but I was sure I'd read in here somewhere that the fees weren't included.

 

So for my own peace of mind I called Money Claim again just now and they told me to contact Bow Court which is where my claim has been transferred to. The helpful lady at Bow court told me that the original amount of my claim without the fees is the amount I need to look at when deciding if it's under £1,500.

 

So the claim amount being £1,466 the upshot is that I don't need to pay the additional £100 in fees. Which is handy cos I'm not sure if Lloyds would honour my cheques any more!

[anjumanji]

Just an update to say I'm sending the completed allocation questionnaire back to the court today.

[CRED]

Please see my post I have had aletter from the court today it seems good news as it looks like the judge is tring to stop lloyds delaying tactics, keep us informed

[sharemaster2]

MAKA,

 

Why don't you have a GOOD Look on the FAQ on this site. All precedures and Letters are there!! And make sure you have folllowed the procedures correctly with the right letters.

 

Have a look a again and make sure you are signed in when you are looking at the FAQs, that is all you need!! If you are going to fight these FINANCE institutions, you will have to read some more or spend some more time on this site and no where else gives all you need than here.

 

Good Luck.

[anjumanji]

Hi All

 

Just thought I'd share the good news with you all and let you know that this all pays off in the end.

 

I received a letter from Lloyds solicitors offering to settle the whole amount of my claim, provided I agree to their terms. These being confidentiality, not pursuing any further claims and maintaining my account in credit.

 

Seeing as I intend to close my account and haven't incurred any charges in the last three years the last two terms don't bother me. However with regards to keeping it confidential as soon as I sign the letter my lips are sealed, but until then.........

 

The question is, should I agree and sign the letter or should I tell them to stuff their terms and pay up?

 

So to pre-empt the donation query, I will definitely be donating, however I was so impressed with the amount of help and advice available on this forum that I donated using the Amazon voucher scheme a few weeks ago.

 

Thanks to all the administrators and mods for their help, keep up the good work, it's really appreciated.

 

Angie

[Spiceskull]

Hi Angie,

 

I would say to them that you accept the offer as 'full and final settlement' for THIS claim, but that you DON'T agree to any of the other terms. This is perfectly reasonable on your part, as all you are doing is protecting your legal rights.

 

I am certain that they will turn around and give you the money anyway, and the fact that you are closing the account is irrelevant. However, the decision is yours, and if you are happy accepting the terms then well done for sticking with it 'till the end.

[HONESTKNOB]

Another fantastic result for the little people Seems Lloyds are paying out a little quicker now, especially on the larger claims which they seemed to be dragging out till the last possible minute.

Just one thought on the 'silencing' clause they seem to add to the agreement. As we are already legally entitled to the money, whether we agree to this part or not, would you be entitled to put a figure on the silence. Eg, Say to the bank you are only prepared to agree to this part if they pay an extra £xxx? Just to turn the screw even more.

Anybody think this would be worth a try??????

[Spiceskull]

Anybody think this would be worth a try??????

It has been discussed in great detail elsewhere. The general consensus is don't ask, it makes the basis of your claim seem false. However, the consensus is also that if they DO offer, then there is great fun to be had by bargaining upwards. Let the bank open the negotiations...you will then know that they REALLY want your silence.

[Movingon]

Couple of people have done it already... the banks go very quiet - they're not THAT bothered about the terms at all apparently... it's just sabre rattling.

[cajdad]

I haven't actually told my husband what I'm doing cos he scoffed when I first mentioned it................I was hoping to have the money and wave it in his face and say 'ha, told you so!' ...............

 

Have you told him yet? (If not, better wait till you've actually got the money)

[anjumanji]

I think, like spiceskull said, it's best not to look greedy. I'll just write back accepting their offer but not their terms. But if they do offer to pay me for my silence, I won't be turning down them down!