TALLING Vs LLOYDS TSB *****WON*****

[curlychic]

This is the letter i intend to send alongside my signed copy of the settlement offer.

 

 

Advice welcomed........

 

 

I am hereby returning a signed copy of your settlement offer dated 23rd April 2007, the contents of which I have noted, in particular your defence that my claim for repayment of ‘fee’s’, not ‘penalty charges’ as I have submitted to the Court, is misconceived.

 

To date no Court in this land has been given the opportunity to decide, in the eyes of the Law, whether misconception is indeed the case, the Legal Basis for my Claim was, therefore, correct.

 

In relation to the terms you have attempted to impose to the settlement, if you are confident in the legitimacy of your defence, I see neither a legal necessity for a confidentiality term, nor any reason to request one. I am completely unwilling to relinquish my right to free speech and consider your Clients attempt to enforce such a term extremely arrogant. I, therefore, absolutely and completely refuse to comply with any such confidentiality agreement and as such have removed this from your list of terms, prior to signing.

 

I would like to take this opportunity to remind you that I am bringing action against your Client, not vice versa. It is your Client that has decided to settle this matter outside of Court and as such they have absolutely no right to impose conditions upon the offer of settlement.

 

 

I notice that you have given me a period of 14 days in which to accept your Clients offer of settlement. I see this, in the eyes of the law, as a reasonable timescale in which to except such offer.

 

I reciprocate this and therefore request that the amount of £***.** as offered in your Clients settlement statement, be paid into my account ******* within 21 days. If your Client fails to comply within 21 days then I shall have no option than to continue with the Court action.

 

 

 

Am i pushing my luck ??

 

 

 

Thanks nicsussex .... Hoping the likes of Barty, GaryH or Lucid might take a look too (especially since the letter is a revamped version of the one Lucid wrote)

[GaryH]

Sounds good to me too

 

Oh, and congrats by the way!!!!

 

I'll stick a WON at the top of the thread.

[curlychic]

Thanks for taking a look Gary.....

You dont thinki am pushing it with only giving them 21 days when they are snowed under at the mo ?

[nicsussex]

Thanks for taking a look Gary.....

You dont thinki am pushing it with only giving them 21 days when they are snowed under at the mo ?

 

See you started this back in December - you have given them way more than 21 days - and it is their fault that they are snowed under due to the ridiculous game that they continue to play.

[GaryH]

I actually think you are being extreamely genorous - remember they could credit the amount at the touch of a button if they really wanted to!

 

Plus its their own fault they're snowed under. If they weren't so stubbernly determined to spuriously defend indefenceable claims then there would'nt be a problem.

[nicsussex]

I actually think you are being extreamely genorous - remember they could credit the amount at the touch of a button if they really wanted to!

 

Plus its their own fault they're snowed under. If they weren't so stubbernly determined to spuriously defend indefenceable claims then there would'nt be a problem.

 

Didn't i just say that? Not so eloquently perhaps but spooky none the same!

[tezviper]

Well done, My settlement was paid in today which was 10 days after they recieved my acceptance form.

 

TezViper

[curlychic]

Fair points made by both of you.

Thing is i dont really want to have to continue with the court proceedings (who would) I am only doing it because there seem to be quite a few people who recieved their offers a couple of weeks ago and although they signed and sent their acceptance back they still havent got their money

I suppose what i am attempting to do is play them at their own game, i just hope it pays off.

 

[curlychic]

Well done, My settlement was paid in today which was 10 days after they recieved my acceptance form.

 

TezViper

Blimey.....well maybe i will only give them 14 days then....lol

[curlychic]

After consideration i have decided to go with 14 days and have also added this last section to my letter

I will only notify the Court and stop any further Legal Action, once payment has been received into my account.

I look forward to receiving the above amount at your earliest convenience, but no later than Monday 14th May 2007.

Gonna post this off tomorrow, will let everyone know how i get on.

Then once the money is in my account i will be informaing the Court of settlement, along with making a request for my 'costs' to be paid.

Lovin it . . . . . .

[GaryH]

Didn't i just say that? Not so eloquently perhaps but spooky none the same!

Oh yes - so you did! Crossed posts, sorry.

 

[empowered]

After consideration i have decided to go with 14 days and have also added this last section to my letter

 

 

 

I will only notify the Court and stop any further Legal Action, once payment has been received into my account.

 

I look forward to receiving the above amount at your earliest convenience, but no later than Monday 14th May 2007.

 

 

Gonna post this off tomorrow, will let everyone know how i get on.

 

Then once the money is in my account i will be informaing the Court of settlement, along with making a request for my 'costs' to be paid.

 

Lovin it . . . . . .

 

CurlyChic

 

I think you have been incredibly generous with your time! I gave MJ 5 days for cleared funds to be available in my account - they did this within 4 days - as you say YOU are suing them and they can't dictate settlement terms! good luck Debs x:D

[curlychic]

Very true empowered.....but i'm not in any particular hurry

Off to the post office now....Hopefully there won't be another earthquake while i'm there

:eek:

[BARTY]

Very true empowered.....but i'm not in any particular hurry

 

 

Off to the post office now....Hopefully there won't be another earthquake while i'm there

 

:eek:

 

 

Hi

Did you feel the earthquake?

Barty:)

[curlychic]

Hi

Did you feel the earthquake?

Barty:)

 

 

 

Oh yeah did i feel the earthquake. . . . the hole bloomin house shook. . . .scary stuff eh

:eek: :o

[BARTY]

Oh yeah did i feel the earthquake. . . . the hole bloomin house shook. . . .scary stuff eh

 

 

 

:eek: :o

 

OMG scary, bet you wondered what it was!!:o :o

[curlychic]

Well i was in bed still at the time and initially i thought something had hit the house.

Got up and had a look about and came to the conclusion that i had dreamt it.

That was until i put the news on ......

[jim baxter]

Thanks for the post,I wish I had added a similar letter to the one you sent with your settlement.Please let me know if it has any affect.I think rather than phone SC&M I will write to them along the lines that you used and see what happens I will just have to be patient.

Jim.

[blueberrys]

Hi. Looks like my case is similar with the offer letter after AQ, but SCM have quoted a figure which doesn't include the second court fee. Can see it is probably OK to cross out clauses I do not agree with but can I add an amount of money or would it be wiser to type up and sign own list of settlement terms?

 

My instinct (as a former bank employee!) tells me that the latter is a better option and I have re-jigged curlychick's letter to that effect, ready to send along with it. Please see thread located at:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/83483-blueberrys-dad-lloyds-tsb.html#post781905

 

Would be grateful for advice as am doing this for my Dad and I don't want to make a mistake.

 

Cheers! :?

[blueberrys]

Hi. Looks like my case is similar with the offer letter after AQ, but SCM have quoted a figure which doesn't include the second court fee. Can see it is probably OK to cross out clauses I do not agree with but can I add an amount of money or would it be wiser to type up and sign own list of settlement terms?

 

My instinct (as a former bank employee!) tells me that the latter is a better option and I have re-jigged curlychick's letter to that effect, ready to send along with it. Please see thread located at:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/83483-blueberrys-dad-lloyds-tsb.html#post781905

 

Would be grateful for advice as am doing this for my Dad and I don't want to make a mistake.

 

Cheers! :?

[curlychic]

Well as you can see by my previos posts, i recieved an offer of settlement from SC&M, which i eturned with a letter stating i will not except their terms and telling them that they had 14 days in which to credit my account.

Havent received the money yet, although not expecting to really as i told them they have until 14th May, but i recieved a

'Standard order for stay for settlement with consent of all the parties'

 

through the post yesterday.

District Judge ******* orders that this claim is stayed until 29th May 2007 to enable the parties to attempt settlement.

 

On or before 12th June 2007. one of the following steps must be taken: blar blar blar

 

Do you think that SC&M will now drag their feet evn more?

The way i am looking at it is although they have offered settlement already, due to the 'stay' they now know they dont have to pay out quite so quickly. We all know what they are like, any oppotunity to drag it out, they will. The thing is, if they do, i dont think there is anything i can do about it now is there

Advise anyone ?

XxXxX

 

[broke dave]

Curlychic,

I'm sure I have seen something on one of the LTSB threads requesting the Judge strikes out the stay (or whatever the technical term is). I will have a look for it now - spent 8 hours on here yesterday, so may take some time to find it. Initial thought is that it was on Irishrose's thread.

broke dave

[broke dave]

Not quite as I thought but look at IrishRose. Also link on their to Guido T with good advice as to how to proceed.

Helpful?

 

broke dave

[jshtr3]

Hi Curlychick. Letters requesting removal of stay in the sticky section at the top of the LTSB threads

[curlychic]

Hi guys n gals

Thanks for the replys, but have seen the 'sticky' and the posts in regards to stays, in fact i have them in my favorites.

Not sure how they help this situation though. I mean i cant exactly write to SC&M like the letters on these links show, because i have already been offered settlement.

I'm not sure, however, if i should write to the Court explaining that they have offered settlement, but not yet paid up.

GaryH will know ...... lol ...... here's hoping he swings by and reads this

XxXxX