Can Lloyds Staff Claim Back Charges? **WON**

[tezviper]

Well, I phoned the court and was told the claim would be struck out if I hadnt phoned them so she has issued a refund and I have filed again. This time have treble checked everything and am happy with the claim.

 

Now to wait.

 

TezViper

[tezviper]

Has anyone else recieved a letter from Lloyds saying they will be putting £750 into their account as a "goodwill gesture" in the next few days? I saw on here a lot of ppl had the money just put in without recieving a letter.

My letter was dated the 27th Feb and as of yet there has been no sign whatsoever of any money, and as usual its almost impossible to get hold of anyone at Andover.

Anyone know of another good contact number??

 

TezViper

[jaric]

hi

 

if you have more than one account with lloyds they will have credited the most obscure least used account with the £750. ours was credited to an old bill payment account.

 

good luck

[dolly]

I faxed them the other night on the number which was on the top of the first letter...will dig it out if you want it?

[tezviper]

Only got one account with them. If you can Dolly I would appreciate it if you dug out that number.

 

TezViper

[tezviper]

Well its now been 2 weeks since they sent me the letter saying they would pay £750 into the account as a GOGW and so far its not materialised. They have now been served with the court papers and its just a case of waiting for them to respond to that.

 

TezViper

[dolly]

Cannot believe that you have not received the money - you must be very disappointed. My letter was dated 22nd Feb...received it today.

[tezviper]

LoL and what date did you recieve your payment again? Am also a bit annoyed with Halifax as the guy Who negotiated with me on Friday said I would recieve money within 14 days of acceptance letter being sent back, but the letter actually states 14 working days, which seems like an odd amount of days really!!

 

TezViper

[dolly]

Received the £750 last Wednesday.....

 

Our Halifax we got dead on 14 days, by cheque.

[tezviper]

Well Lloyds acknowledged the claim yesterday so should hear any day now, are they still sending letters claiming that MCOL particulars of claims are too vague or embarassing????

 

TezViper

[dolly]

Did you ever get the payment into your account?

 

Mine still not been acknowledged......

[tezviper]

Nope, never recieved that payment, now almost 4 weeks since they wrote that letter. Would have liked this to be settled by now but suppose I just have to wait. Halifax have til Thursday to pay up and Cap One have until Wednesday or Thursday to file their defence.

Just want my money now so can pay for my new sofa and TV LoL.

 

TezViper

[GuidoT]

In case you are not aware and as you filed using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[tezviper]

Thanks mate, did that along with the claim when I filed so hoping there wont be any issues there. Getting somewhere with the GOGW though, missus still has contacts at the bank and after a few phone calls, the payment was processed on the 18th March so should be any day now I would imagine. Funny how the bank considers a " FEW " days to be 3 weeks isn't it?????

 

TezViper

[dolly]

That is disgraceful - can't believe Halifax haven't paid up yet either.

 

(We have bought a new TV and sofa as well!!)

[tezviper]

Now Im jealous!!!!

 

TezViper

[tezviper]

Recieved letter today, headed " Notice of transfer of Proceedings " Basically lloyds have have requested that the case be transferred to the court where the defendant lives or carries on its business. What a joke. I am assuming I can request that this be transferred to my local court at my request.

 

Looks to be the standard 9 point defence so I just have to wait for the next communication from the court I should imagine and the next step will be th AQ.

 

Just out of cusiosity, Is it worth me menttioning in my AQ when I get it that I have a letter from Lloyds TSB dated 27th Feb 2007 stating that as a GOGW they will credit my account with £750 within the next few days and that it was never deposited? I waited over 2 weeks for this to go in before giving up and just going ahead and filing the claim.

 

Thanks in advance.

 

TezViper

[tezviper]

Bump

[tezviper]

Have spoken to the court and have been told to wait for AQ which should arrive shortly.

 

TezViper

[tezviper]

Any suggestions as to what I should do about the GOGW that never got paid to me??

 

TezViper

[tezviper]

Just looked at account online and the fools have taken another £85 from me today, am hoping that when they settle this will be paid as part of the settlement but rest assured I will get that back too.

 

TezViper

[tezviper]

This GOGW thing is really bugging me, surely I can use the fact that they told me they would pay this against them as part of my case. There is no mention of it in their defence but I have the letter to prove they said they were going to pay it. At no point in the letter does it say that it is full and final settlement, Nor does it say that they expected me to discontinue my claim.

I just think its wrong and I can either prove to a judge that they are either Liars or are totally incompetent.

 

Any Thoughts???

 

TezViper

 

Cmon guys, feel like I am talking to myself here.

[John72]

Hi TV

I don't believe you can rely on the GOGW letter in court as the Bank would argue that as an ex-gratia goodwill payment (albeit not yet received) it does not admit liability on their part.

However, I am wondering if, in all those ongoing cases where action is continuing, and a GOGW payment has been received whether it can be left out of the equation completely on the basis that, as a goodwill gesture paid without admission of any overcharging (the bank's paraphrased intention), it can instead be treated as a GOGW made to partly recompense us for the hurt and distress (damages) the bank have caused through their insensitive and unlawful actions?

 

Any thoughts?

 

John

[tezviper]

Certainly an interesting point mate, Im sure there may be something in that. Though I am no expert.

 

Hopefully someone with more knowledge will have some thoughts on this.

 

Thanks for the reply by the way!!!

 

TezViper

[John72]

The point I was trying to get across is that the bank cannot have it both ways. They cannot pay it, on the one hand, and say it is a goodwill gesture and nothing to do with admitting liability and then on the other hand, seek to take it into account in settling the charges being claimed back in court.

 

A "goodwill gesture" should be exactly that - ex-gratia and in furtherance of fostering a good banking relationship. If, however, there was no "goodwill" intended then the amount simply becomes a payment on account against a larger sum with an admission of liability?

 

John