Tanzarelli V's Lloyds TSB ********WON*****

[GuidoT]

They will pay you, they paid me today, despite having been served with the claim form yesterday. When banks make a firm commitment in writing to pay you they usually honour it, it is of course difficult to get any commitment from them.

 

I received a reasonably substantial cheque from one of the main four banks a few years ago by mistake. However, prior to banking it, I checked to see if a bank would ever cancel its own cheque and they said they would never cancel their own cheque as it would be too damaging to their reputation.

 

Having said that, they do not seem to care too much about their reputation with the penalty charge debacle. The cheque is question was never cancelled nor was the mistake ever picked up.

 

Do not think the various parts of the banks and their solicitor's communicate with each other effectively, to the extent that they would stop a payment if they realised you commenced legal proceedings.

 

I am wondering, if when they finally decide to settle the matter, if they will deduct the sum they have paid today. I am feeling as greedy as a bank today.

[hudu]

Well recieved another letter from Lloyds TSB it reads as follows:

 

13th December 2006

 

Our reference: HW/AND/********

Dear T

 

Thank you for getting in touch with us again. I am sorry you are still unhappy about your account charges. (to right I am)

 

We've already explained that we believe it is fair to charge you for extra services you've requested, as long as you know about the charges in advance. (well I dont) When you didn't have enough in your account to cover a payment you'd asked us to make, we had to agree to make it by setting up or increasing your overdraft, or tell you we couldn't agree it. (and send you a templated letter, big cost that eh) We feel it's only fair to charge for our services in considering and implementing this.

 

Its easy to keep a running check on how much is in your account. Blah blah blah.

 

Blah blah blah

 

Generally we don't agree to adjust any of these charges (unless you threaten us with court action), but I can tell you that on this occasion we are prepared to reduce the charges by repaying you £750. (Well feel free but i'm still going after the rest as just shelled out £80 on MCOL, plus you now owe me interest, If you'd had offered me this after my first request then to be honest I probably would have accepted this as my charges only totalled £823, but now to little to late, i'm going for the full amount plus cost and interest) You may have read that we and other banks are discussing overdraft charges with the Office of Fair Trading (I have read that the OFT are going to seriously slap you over the arse with a wet kipper on this so pull down your pants and take it like you know you deserve, and then stop trying to justify the unjustifiable). Meanwhile we do consider each customer's position individually (prob cause all their claims are for different amounts you silly fools), and we are making you this offer as a gesture of goodwill (no your not you doing it cause your scared of having to reveal your true costs in court) because we might face that cost in dealing with your complaint if you took it further (well actually this and more as my claim now stands at just under £1k).

 

I need to let you know that this does not mean we consider we have any legal obligation to do so (I beg to differ). This sum will be credited to your account, in the next few days (thanks, just in time for Christmas, however i'm still going to pursue this claim for the full amount).

 

As i've explained, these charges are avoidable and we would strongly urge you to keep within the limit you'v agreed with us or ask us now to see if we could increase it for you. (well I did when I opened the account but you said I could only have a sh*t one due to my credit score, do you really beleive this would have changed, cause I don't)

 

This letter is the bank's final response, which means that if you are still dissatisfied you may refer your complaint to the FOS blah blah blah. (no thanks cause I'll see you in court)

 

Yours sincerely

 

Karen Roberts

CSO

 

Happy days

 

Tanz

 

What a co-incidence. I got the same letter and the same amount offered today. And I thought having my name in paragraph six was the personal touch. Nothing in bank yet. Will keep an eye on your thread to see how things progress. Good luck.

 

Hudu

[TANZARELLI]

I checked again today and nothing in my account still.

 

Strange tactic they seem to be playing though don't you think, not offering the amounts in full and final settlement, I think their up to something. Will have to see if money goes into account before writing back to inform them that I am still carrying on for the full amount. This is a matter of principle now. If they want to play game then so can I, and I like to win!!!!

 

Tanz

[GaryH]

This is the latest thing from Lloyds - for some reason they're offering £750 to everyone. Strange, becouse untill recently Lloyds were about the least likely of the whole lot to offer you so much as a penny untill well into the court process. Personally, I reckon its becouse Christmas is coming up. They're hoping that they'll be able to dangle a pultry offer in front of peoples noses and then they'll bog off like good little boys and girls and forget about the rest. Patronising swines!

[kazzaw]

I wish they'd offer me £750!!

 

I'm only claiming £250!!!

[TANZARELLI]

Well just checked my balance and the £750 has been added to my account. Lovely.

 

Now just need to write to them to tell them thanks and that i am however still carrying on with my claim to get the outstanding balance of £168.93

 

Tanz

[lyndaannebentley]

i have a claim in at the moment with Lloyds who wrote back and advised me that they would not progress with the claim as they have advised me what my banking charges would be. I have sent a second letter and they must have got very confused because they sent me a claim form for my endowment policy instead!! Should i resend the second letter again or just wait and see what happens? I sent the second letter onf 17 October. Thanks for any assistance you can give!

[TANZARELLI]

i have a claim in at the moment with Lloyds who wrote back and advised me that they would not progress with the claim as they have advised me what my banking charges would be. I have sent a second letter and they must have got very confused because they sent me a claim form for my endowment policy instead!! Should i resend the second letter again or just wait and see what happens? I sent the second letter onf 17 October. Thanks for any assistance you can give!

 

Hi lyndaanebentley,

 

They didn't offer me anything after my first letter I think its only poss after a claim is filed, however this does seem to be a new tactic, which makes no sense to me. I would send another letter to them informing them that you did not request a claim for re endowment, and reiterate what you request was. Enclose another schedule of claim for charges, just so the point hits home.

 

Tanz

[TANZARELLI]

This is the latest thing from Lloyds - for some reason they're offering £750 to everyone. Strange, becouse untill recently Lloyds were about the least likely of the whole lot to offer you so much as a penny untill well into the court process. Personally, I reckon its becouse Christmas is coming up. They're hoping that they'll be able to dangle a pultry offer in front of peoples noses and then they'll bog off like good little boys and girls and forget about the rest. Patronising swines!

 

I agree Gary,

 

However, they can have some of this mate:

 

 

[my address]

[date]

 

Lloyds TSB Bank PLC

25 Gresham Street

London

EC2V7HN

 

Your reference: HW/AND/********

 

Re: Account number ********

 

Response to settlement offer.

 

Dear Karen,

 

Thank you for your letter dated 13th December 2006 in which you issued your second final response. I also thank you for the £750.00 which you credited to my account.

 

You should by now be aware of my letter sent to you, dated 12th December 2006, which said that I have filed a claim with the County Courts, Claim Number 6QZ9275*, for the full charges total of £823.00 plus interest at 8% totaling £95.93, which gave a balance of £918.93 due, continuing at 8% at a daily rate of £0.16.

 

I will accept the sum which you have credited to my account, only as part settlement and on the clear understanding that I will continue with my claim via the County Courts to pursue recovery of the remainder that is outstanding. If you wish to bring an end to this litigation then I request you refund the outstanding balance, which is as of the date of this letter £170.37, to my account immediately.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Tanzarelli

 

I have drafted an amendment letter as miscalculated the total amount in previous letter and forgot to include £80 court fee in my total, so wrote this which will send tomorrow, plus copy to MCOL.

 

 

26th December 2006

Lloyds TSB Bank PLC

25 Gresham Street

London

EC2V7HN

Your reference: HW/AND/290906**

Re: Account number ********

Amendment to: Response to settlement offer letter.

 

Dear Karen,

I am writing to amend my letter sent to you on 21st December 2006 as I miscalculated the amount outstanding which I require you to refund me, to bring an end to this litigation. The amount still outstanding, should have read £250.37 (£170.37 + £80.00 = £250.37, as this also includes the £80.00 court fee). Obviously the interest is still continuing but this amount was correct as of the 21st December 2006.

As of today’s date, 26th December 2006 the new current outstanding balance is £251.17. Interest will continue to be added to my claim total at a daily rate of £0.16.

 

I trust this clarifies my position.

 

 

Yours faithfully

Tanz

Enc: Letter which was sent to Lloyds TSB dated 21st December 2006

Cc: Northampton County Court

 

 

[TANZARELLI]

Hi all, posted the above letter recorded delivery on the 21st Dec. Will keep you posted.

 

Tanz

[TANZARELLI]

Hi all,

 

Just checked my LTSB claim on MCOL and it said the following:

 

6QZ92757

Suspended

Your claim has been suspended. This can be for a number of reasons. For example, if the claim form is returned by the Post Office not served, this will cause your claim to be suspended. Similarly, the Defendant can make an application to suspend any part of your claim.

 

You cannot take further action(s) when a claim has been suspended for example request judgments' and warrants.

This has p***ed me off. Will ring MCOL helpline tomorrow morning.

 

Tanz

[TANZARELLI]

Helpline office closed until tomorrow so will call them then. I suppose they deserve a bit of a break from all these claims .

 

Tanz

[Runner22]

Good Luck with the helpline Tanz!! Let us know how you get on!!

 

R22

[TANZARELLI]

Well its official I am a stupid eegit.

 

I just phoned MCOL and the reason why my claim has been suspended is because I Put the claimant name and defendant name as Lloyds TSB.

 

I now have to re-file and then email them the new and old claim number, then they will refund the old claim fee.

 

What a tw@t I am.

 

Gonna do this today.

[GaryH]

DOH!!

 

Oh well, at least it was'nt something more sinister.

[TANZARELLI]

DOH!!

 

Oh well, at least it was'nt something more sinister.

 

Hi Gary,

 

What is the best thing to do with this situation as in my original claim the charges were £823 plus interest of £95.93 plus fee. However Lloyds have now refunded £750 to my account. Do I need to claim as before or would I need to claim the outstanding balance plus interest on that. The latter would be more complicated and to be honest a pain in the arse as which charges would I claim for plus I would be loosing interest.

 

I think it would be ok to claim as before as the interest is still owed and should therefore be paid.

 

What do you think??????????????

 

Tanz

[TANZARELLI]

bump

[GaryH]

Hi Tanz,

 

You should file for the new amount after the refund, but still claim exactly the same interest as before. They were in possession of your money from xx/xx/xx to yesterday, or whenever they gave you the refund. They are still liable for the interest for that period dispite the fact that they've refunded a proportion of the charges, if you subtract the £750 as a proportion of each charge rather than as whole charges. Ie divide the £750 over the amount of charges there are and subtract that figure from each charge. Make sense?

 

For example, if you've got 40 charges: 750 / 40 = 18.75, then take 18.75 off of the value of each charge. File the new claim for all the charges minus 18.75

[elsinore]

I Put the claimant name and defendant name as Lloyds TSB.

 

If it's any consolation to you TANZ, there was a guy on here a few months ago who put his name and the defendant's name the wrong way round and sued himself!!

 

Elsinore

[TANZARELLI]

Hi Tanz,

 

You should file for the new amount after the refund, but still claim exactly the same interest as before. They were in possession of your money from xx/xx/xx to yesterday, or whenever they gave you the refund. They are still liable for the interest for that period dispite the fact that they've refunded a proportion of the charges, if you subtract the £750 as a proportion of each charge rather than as whole charges. Ie divide the £750 over the amount of charges there are and subtract that figure from each charge. Make sense?

 

For example, if you've got 40 charges: 750 / 40 = 18.75, then take 18.75 off of the value of each charge. File the new claim for all the charges minus 18.75

 

Thanks Gary thats really useful info. Will work this out and then re-word my POC etc. Can't believe I did that, I was at my dads at the time and he was on his way out so rushed it, no excuse though, it was a silly mistake.

 

Cheers again,

 

Tanz

[TANZARELLI]

If it's any consolation to you TANZ, there was a guy on here a few months ago who put his name and the defendant's name the wrong way round and sued himself!!

 

Elsinore

 

Thanks I don't feel as bad now . I can recal doing it and when I was trying to add info and then going to next stage I remember it asked me to enter the info again for some reason, then I must have confused myself.

 

No excuses though, should have took my time.

 

Thanks anyway.

 

Tanz

[TANZARELLI]

Hi Tanz,

 

You should file for the new amount after the refund, but still claim exactly the same interest as before. They were in possession of your money from xx/xx/xx to yesterday, or whenever they gave you the refund. They are still liable for the interest for that period dispite the fact that they've refunded a proportion of the charges, if you subtract the £750 as a proportion of each charge rather than as whole charges. Ie divide the £750 over the amount of charges there are and subtract that figure from each charge. Make sense?

 

For example, if you've got 40 charges: 750 / 40 = 18.75, then take 18.75 off of the value of each charge. File the new claim for all the charges minus 18.75

 

Another quick one though Gary does the daily rate of interest still remain the same as it was before?

 

Tanz

 

P.S have a blob

[GaryH]

I'm thinking perhaps not, actually.

 

The daily rate covers interest which accrues between date of issue and date of judgement, so I don't think it would be right to base it on the total before the refund - which you recieved before issue.

 

If it were me I'd work the daily rate out on the new total, but I doubt they'll scrutenise your figures anyway.

[TANZARELLI]

Cheers Gary thats what I thought anyway. Top one, nice one, sorted.

 

Thanks for the help

 

Tanz

[TANZARELLI]

Thanks for the cick