Bean's Timeline (Joint Acct)

[Bean]

paulclarkson1985 - thanks Paul, it seems some settlements are being offered around the time of the AQ deadline, and others are going on for longer so there's no certainty in when a settlement will be offered, or even IF a settlement will be offered. However, over 1600 settlements to date in the survey results alone suggest the likelihood of a settlement is high:p . In any event, the process will run it's course and the good will out.

 

freebird - thanks for your support, you're on your way! Keep a level head and do plenty of research, action cures fear.

[Bean]

I would welcome any comments on the letter I propose faxing to SCM on Thursday 10 August 2006:

 

"Sechiari Clark &Mitchell – Solicitors

Department SO

PO Box 499

Upper Ground Floor, 1-5 Queens Road Quadrant

BRIGHTON

BN1 3XJ

 

9 August 2006

 

Dear Sirs,

Re: In the ****** County Court

Bean – v – Lloyds TSB Bank plc

Claim Number ********.

 

I acknowledge safe receipt of your letter dated Thursday 3rd August 2006, Your Reference: SO/MFT/****/****, which arrived Saturday 5th August 2006.

I note the contents of your letter which seem to include your client’s conditional part offer.

 

Unfortunately, I must decline this conditional part offer on the following grounds:

 

1. The syntax of that part of the letter making the offer is flawed and hence not entirely clear. I quote "After taking instructions from the Bank in respect of your offer to accept the sum of £6199.56 (Six Thousand One Hundred and Ninety Nine Pounds and Fifty Six Pence) plus the Allocation Questionnaire fee of £100.00 = £6299.56 in full and final settlement of your claim." This sentence does not make sense in itself or in the context of the paragraphs adjacent to it. You will appreciate that this claim is a matter of some gravity and requires absolute clarity. Your correspondence really should be of a higher quality if it is to clearly convey all it should.

 

2. I have at no time offered to accept the sum of £6199.56 or £6299.56 in full and final settlement of my claim. Your letter suggests that I have done so.

 

3. The offer reduces amount claimed "by the sum of £254.41, which reflects the overdraft interest, which is charged at the contractual rate and are not ‘bank charges’ ". Please show and explain your calculation. I contend that the Bank levied overdraft interest on top of these unlawful bank penalty charges, and that as such the overdraft interest is also unlawful. I would expect this sum of overdraft interest to be included in any settlement. I fully accept that I must pay overdraft interest on my borrowing, but I refuse to stand this cost where it is levied solely on unlawful bank penalty charges.

 

4. The offer is conditional. In the spirit of fostering effective dialogue and for the sake of expediency I wish to make clear my views on this. Ultimately, in the event that we do reach a settlement prior to a court hearing:

 

a) I would require any sum paid into my Select Account to be fully at my disposal. Any settlement sum would have to reach my account within 24 hours of agreeing settlement. I would expect a written assurance from the Bank or from you that this would be the case.

 

b) I would agree to maintain my Select Account within the current limit. I would agree to maintain my Select Account in accordance with the Terms and Conditions of the account IF the Bank also agrees to conduct the running of such accounts within UK law for it’s customers. In agreeing to conduct my account within the current limit, I would not be incurring any bank penalty charges, but I would wish to see bank charges for others being lawful by not exceeding the Bank’s lawful costs. I believe that the considerable and damaging social and personal consequences of these unlawfully punitive charges in the UK should cease at the earliest opportunity. I think I am correct in saying that the running of my account was notably better for a period of many years before the Bank introduced these penalty charges.

 

c) The offer is made for full and final settlement, but shows no recognition of my consequential losses. The Bank should either accept in settlement that I will return with another County Court claim later to recover my consequential losses in full, or the Bank should make an offer to settle these consequential losses now. My consequential losses are as defined in a document titled "Consequential Losses" included with the Allocation Questionnaire to be returned to the County Court on Friday 11 August 2006. I will send you a copy of the Allocation Questionnaire and attachments. I refer you to my ‘Brief details of claim’ text which states "For the sake of clarity in this claim, but entirely at the court’s discretion, it is suggested consequential losses deemed applicable should form the subject of a separate future legal action by the Claimant". My ‘Particulars of claim’ include "Accordingly the Claimant claims…a remedy for all cumulative and resulting adverse elements of the Claimant’s credit record". Clearly, not reaching a settlement here will result in the court deciding whether or not to include consequential losses within this claim.

 

d) I would not agree to the terms of any settlement being confidential. I would disclose the details of my claim and any settlement to anyone I choose. I believe in the right to free speech. I am in the right and I refuse to be silenced.

 

5. The sum offered shows no recognition of daily interest accruing at the rate of £1.25 per day since the claim was submitted on 21 June 2006.

 

6. Any settlement sum should also include the sum of £10 which I paid to the Bank to respond to my Data Protection Act Subject Access Request.

 

Finally, I find the tone of your letter inappropriate. You use phrases such as ‘confidential and privileged’ and ‘comply with the conditions set out’. You can not unilaterally impose confidentiality in these circumstances, as you well know. I must remind you that I am the Claimant and I am seeking to recover unlawfully taken monies, plus a remedy, a fact that you seem to be forgetting as you have the audacity to offer repayment of MY money on YOUR terms, while neglecting important aspects of my claim.

 

I am confident that I can prove my case in court and prove that these charges are in fact penalties that you are trying to cloak as a service charge. I am also confident that a Judge will agree with this position.

 

I will continue my claim against your client until such time that your client, the Bank, meets my claim in full by making an appropriate agreed payment and providing the remedy that I am seeking.

 

Yours faithfully

Bean"

[closey]

Hi Bean,

 

This is an absolutely fantastic letter. Not only are rejecting acceptance of their conditions but you extend the letter to challenge them in a number of other ways.

 

I believe that this letter will provide them with plenty of food for thought.

 

I very much look forward to learning what their response will be.

[Bean]

Thank you for your kind words closey. The letter is lengthy, but I think it spells out in one place what is required of any settlement of my claim.

 

For those of you reading my thread, thinking their offer is substantial, and being inclined to accept it, it is important to note that my consequential losses amount to several thousand pounds:shock: .

 

In light of that, I think perhaps you too would decline their conditional, part offer.

[closey]

It is lengthy but I don’t feel any part is unnecessary or over wordy.

[Janet-M]

That letter is good and I would send it .

When I was claiming I realised that they do not take any notice of long letters so if I ever had to claim again I would always keep most of my letters short ,sweet and to the point.

 

Also do not mark any of your letters 'without prejudice' , (I know it doesn't say that but just incase you still do ) as you want to show them in court if it ever gets to that point.

 

P.S.

Sorry about not getting back to you when I said an 'emergency' came up

[Bean]

Thanks closey and mjanet for such quick and positive responses.

[Bean]

...Also do not mark any of your letters 'without prejudice' - as you want to show them in court if it ever gets to that point...

 

Good reminder mjanet. I picked up on this from your excellent LTSB thread.

 

I am 'an open book' to the court. They will be welcome to see everything that I have written on this subject and in my claim.

[Bean]

I submitted my completed N150 Allocation Questionnaire with attachments (Notes, Consequential Losses, Transcript, copy of letter declining SCM's offer) to the County Court today.

 

Prior to submitting it, I faxed SCM the letter declining their offer.

I also faxed SCM a copy of the completed Allocation Questionnaire and attachments. I also posted them a copy by recorded delivery.

[Mindzai]

I know you're not around bean, hopefully due to a holiday payed for with a recent unconditional settlement, but when you get back please give us an update on how things have been going.

[Bean]

Notice of Allocation to Fast Track dated 25 August 2006.

 

It reads:

 

"District Judge X has considered the statements of case and allocation questionnaires filed, and allocated the claim to the fast track.

The trial of this claim will take place during the period commencing 26 February 2007 and ending on 16 March 2007 at a venue to be notified.

 

1 The Claim will be allocated to the Fast Track

 

Disclosure by 4:00 pm on 22 September 2006 Inspection by 4:00 pm 29 September 2006

 

Witness statements be exchanged by 4:00 pm 3 November 2006

 

2 Permission not given to use expert evidence, none being necessary.

3 Pre-trial Check List to be filed by 4:00 pm 29 December 2006 together with an up to date case summary

4 Time estimate 2 hours

 

The parties shall lodge an agreed timetable for the hearing with the trial bundles."

 

LTSB/SCM have not sent me a copy of the Defendant's Allocation Questionnaire.

[sidvicious]

hi Bean.this is indeed a long journey for you but iam sure you will reach your goal on your terms long before feb.i wil watch your thread as ever with awe as you have such a way with words.best of luck.

[Bean]

Thanks sidvicious, the good will out.

[closey]

I second sidvicious's words.

[Bean]

Thanks closey - it's great to have your support.

 

Keep moving,

[reload]

Excellent stuff so far Bean. Which county court is your claim allocated to? I'd be interested in turning up to offer moral support on the day, if needed

[jonni2bad]

Hi Bean

 

Great reading so far - I can't spot any glaring 'mistakes' or difficulties.

 

Are you happy enough wording the request for disclosure - the specific items that you would require?

 

Also, your document bundle - do you know how to prepare? See my thread v Halifax for a general approach.. copies of all correspondences, any documents upon which you want to rely...these should all be referenced by letter, and all pages numbered.

 

One complete set each for you, the court, and the defendant.

[GaryH]

Hi Bean,

 

Well its a long wait till Febuary, but it'll definately be worth it in the end. I would wish you good luck, but I'm sure that no luck is needed in this case.

 

Just a couple of questions if you don't mind;

 

Did they ever have the good decency to acknowledge to your letter of 9th August? I refused their conditional offer on 18th August and have heard nothing since.

 

Also, have you requested standard disclosue? If so, at what stage should this request be made do you think?

 

Cheers,

 

Gary

[Bean]

Excellent stuff so far Bean. Which county court is your claim allocated to? I'd be interested in turning up to offer moral support on the day, if needed

 

It will be heard 'at a venue to be notified' - will let you know where, when I am notified. Thanks for your support.

[jonni2bad]

Could you just let us know the type of consequential losses you are claiming for and their approx value (or you can PM if you like)

[Bean]

...Also, your document bundle - do you know how to prepare? See my thread v Halifax for a general approach.. copies of all correspondences, any documents upon which you want to rely...these should all be referenced by letter, and all pages numbered.

 

One complete set each for you, the court, and the defendant.

 

Yes, I know how to prepare the document bundle.

 

Even though all my papers are organised and filed, it will still take a considerable time to compile so I have started the process.

 

I also found your thread informative and helpful, many thanks.

[macdond]

Hey Bean, Have You Heard Anything Re Claim Yet?

 

I Wish You The Best Of Luck!!

 

Donna

[Bean]

...Did they ever have the good decency to acknowledge to your letter of 9th August? I refused their conditional offer on 18th August and have heard nothing since...

 

I added some text to the letter and revised the date on it from 9 August 2006 to 10 August 2006, then faxed it. I phoned SCM (Mr. T) about 10 days later to make my introduction, and to foster dialogue and expediency. I specifically did not ask about my claim. However, Mr. T said that he had passed my letter to LTSB. I have heard nothing since then.

 

...Also, have you requested standard disclosue? If so, at what stage should this request be made do you think?

 

I requested standard disclosure in my Allocation Questionnaire. If you did not request it in yours, seek advice or search:

 

Civil Procedure Rules Homepage

 

Hope this helps

[Bean]

Could you just let us know the type of consequential losses you are claiming for and their approx value (or you can PM if you like)

 

Consequential losses such as increased mortgage costs, additional mortgage interest, additional LTSB loan interest, loss of life assurance and critical illness policies resulting in increased premiums. Consequential losses total is over £22,000.

[macdond]

i'M THREE MONTHS IN ARREARS WITH MY MORTGAGE DUE TO THESE CHARGES AND I DIDN'T THINK OF CLAIMING CONSEQUENTIAL LOSSES AT THA MONEY CLAIM STAGE IS IT TOO LATE??