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Hi not sure if i on the right thread but hope i am, as i been on 2 already and been told i was on wrong one, so hope this is the right one now.

 

just for you to know where i am here is my story, i started by writing a letter to the bank and got a standerd letter reply afer over 40 days but unfortunatly it was a bad time of year for me so didnt realise they where over their limit til they did reply, i wrote back as they first have to say was saying i wasnt going get a penny, haha how wrong!!!

wrote a second letter and as you can see the reply they going give me under half of what they took off me,

 

so as we sort of up to date on this link !!!!

let me start with yesterday.

 

had another letter off Lloyds TSB yesterday (saturday 17th Dec) they replied with the 14 day's i gave them in my letter as that would have been up on tuesday coming, this time as you can see below the letter they have made me an offer of £410 a lot less than the £905.23 i told them they owe me. They said they going put it straight into my bank, are they alowed to do this and think that i am going just leave it there, what do i do anybody had one of these letters from them, do i still fill in a N1 form and take them to court???

any suggestions would be helpful. thanks.

 

 

my address

 

13 December 2006

 

Dear XX XXX

 

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

 

We've already explained that we believe it is fair to charge you for the extra services you've reqested, as long as you know about the charges in advance. When you didn't have enough in your account to cover a payment, we had to agree to make it by setting up or increasing your overdraft, or tell you we couldn't agree it. We feel it's only fair to charge for your services in considering and implementing this.

 

It's easy to keep a running check on how much is in your account. You can get an up-to-date balance at any of your cash machines, over the phone, on line and by weekly text to your mobile.

 

If you know a payment is going to take you over the limit we've agreed, you're welcome to see if we can raise it - and we can usually give you an answer straight away. Again we can do that for you by phone, on line or at any of our branches. There's no charge at all for this.

 

Generally we don't agree to adjust any of these charges, but i can tell you that on this occasion we are prepared to repay you £410.00 this represents the charges made to your account in the last 6 years. We will not refund overdraft interest. You may have read that we and the other banks are discussing overdraft charges with the Office of Fair Trading. MEanwhile we do consider each customer's position individually, and we are making you this offer because the amount you're asking for is less than the cost we might face in dealing with your complaint if you took it any further.

 

I need to let you know that this does not mean we condiser we have any legal obligation to do so. This sum will be credited to your account in the next dw days.

 

As i've explained, these charges are avoidable and we would strangly urge you to keep within the limits you've agreed with us or to ask if we could increase it for you. Please let me know if these is anything else i can do. If we cannot come to an agreed solourtion after this i will help you refer your complain to the Financial Ombusdsman Service for independent advice.

 

If you are happy witht he way i have delt with your complaine, there is no need to reply to my letter, if i have not heard backfrom you within 8 weeks from today. I will close my file, though i will be happy to reopen it should you come back at any point aferwards.

 

Please give me a call if it would help to talk through anything in my letter

 

Yours sincerely

 

XXXXX

Customer Sevices Officer

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You should send them a rejection of settlement letter.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Tell them you will accept the offer as part payment, on the understanding you will pursue them through the courts for the rest.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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is there a standered one in the archive, or do i do one myself?

 

and as they said they put in my account without me agreeing to it is that fair and would they say in court they settled with me?

 

i so confused by this letter as it under half i asked them for?

 

please can someone advise?

 

thank you.

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Click the link in my previous post for a template.

 

It is important they know that you will pursue them for the rest, otherwise they will say the payout was for full and final settlement.

 

Alot of people accept the banks offer because their not confident enough to follow the claim to the end. It's quite standard for banks to make these offers now.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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YOUR Street

Town

City

Postcode

 

 

Date

 

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter before action sent previously indicates that you have until xx/xx/xx to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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that's ok then, as i felt a little intimadated that they offered me somthing and even if i pursued they would say they settled, i will send the letter tomorrow, my 14 day's are up on tuesday so do i send them the n1 tuesday or do i send the letter and the n1 tuesday?

giving them a day is like giving them a life line, do i do that, i really dont feel i should loose out on over £600 just cos they offered it to me even as a single parent could do with it this side of christmas, but to be honest, i willing to fight if i know that i have a chance of the rest, as i belive after reading this site it be slightly more as i not calculated the interested

do anybody think i'm doing the right thing and getting all back what is rightfully mine???

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Yes you are doing the right thing.

 

As long as you sent the templated prelimary letter and the letter before action, you are OK to start with claim.

 

It's not your fault Lloyds are being ignorant.

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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that ok then, i got the letter ready to send now, and that can go off tom, so if i put the n1 tuesday or wednesday i not doing anything i shoudlnt, that so good to know as i was a worried, thank you so much, you have been such a help and such a confidence bost and help to me going on with this as i would have given up by now if i had no one to advice and talk to, thank you again

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No problem.

 

You haven't asked for partial payment, so why did they offer it? You haven't acknowledged the offer as full and final settlement either. Its just intimidating tactics from Lloyds hoping you'll accept it and save them some money.

 

Good Luck

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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They're doing this a lot lately - dangling a pultry offer in front of you hoping that with Christmas so close you'll take it and run.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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letter sent today (18-12.06) saying i only accept it as part payment, and also going start filling in the n1 form later as i picked it up today from the court as the 14 day's i gave them are up tomorrow, so if i send the letter today, i will hopefully have the n1 form redy to submit tomorrow to the court, i know it not given them much time before the letter and the n1 but i suppose they woudlnt give us time if they didnt have to

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went today to the court and put the n1 form in, so lets just wait and see what LloydsTSB has to say now, still no reply from my last letter, but then again i did only send it monday and today is thursday, so they cants say now they didnt have time to hehe, but as it christmas then i suppose i not going to hear much, the lady was very nice in the court and said that it will be transfered to cardiff as the same judge is dealing with them for continuaty, so we see what comes of it now, but least it on it's way and i havent wasted the next week waiting for court to open due to christmas,

well i keep you informed of what i hear when i do, but i dont think i would have come this far without the help and support of the people on this site,

thank you all.

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they may take it back out once they've read your letter. keep it aside just incase (i know thats easier said than done).

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

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they may take it back out once they've read your letter. keep it aside just incase (i know thats easier said than done).

 

Told by TSB today that they can't do that, although what they say and what they do can be two different things.

 

Make sure you've got a 'parachute account and put the money in there - they can't have it back then without your permission.

 

They've just given me £750, which is just under half my claim. It has cleared the small overdraft so I'm going to draw the money out and shut the account down after Christmas. The claim will go on!

31/10/06 Lloyds TSB - S.A.R - (Subject Access Request) Sent - Lost by Royal Mail!

24/11/06 2nd S.A.R Sent - Confirmed as Received 25/11/06 10.38am

30/11/06 Statements Received

6/12/06 Preliminary Request Sent

21/12/06 Sod Off Received (With £750 offer!)

22/12/06 LBA Hand Delivered to Branch. Merry Xmas TSB!

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  • 1 month later...

had my questionair today to fill in, going say in that that they put money into my acccount without me saying that they could and that i intend to push the claim forward. hopefully we will get all of what we are intitelled to.

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  • 1 month later...

had a letter 23th of Feb 07 saying that they moving my case to cardiff courts from my local court, does this make the calim go on a bit longer, and once it goes to court, anybody have any idea of how long it takes to go forward ?????

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