LLoyds have just offered £750 refund vice £3500

[Mindzai]

People need to stop panicking when this happens to them! This is exactly what they are trying to achieve with this tactic.

 

The way I see it there are 2 situations here. Firstly you have send them a prelim and/or LBA but have not yet filed for the charges, Secondly you have filed a claim for the money.

 

The first situation I would say you will have to accept the monty, and if it isnt the full amount owed, proceed to file for the rest. However, you cannot then claim 8% statutory interest on this £750! You can claim 8% on the amount you are claiming for only. If you are claiming contractual interest that is a different matter as it is added before the claim is filed. In that situation I would personally just subtract the £750 from the current debt rather than dividing the amount between the sumber of charges then subtracting the result from each, the reason being that even though they have refunded the money, they have still had use of it and so still owe the interest on it.

 

The second situation, where you have filed a claim at court, I would just reject the whole amount. Remember, you have not agreed to accept the £750. You have not signed anything to that effect. Firstly I would recommend you dont spend it! Then the steps I would take (and remember this is just my personal opinion, I am not a lawyer) in this situation are:

 

1. If they have written to tell you this is a refund of charges, I would write to Lloyds/SC&M with something like the following:

 

 

Dear XXX

 

Thank you for your letter dated xxx

 

Unfortunately I am unable to accept your offer of settlement in relation to the claim number XXXXX as it is not for the full amount owed.

 

The full amount currently owed as of the date of this letter is £XXX.XX. For a breakdown of this amount I would refer you to the enclosed current schedule of charges. Should you wish to reconsider and offer the full amount, please do not hesitate to make contact.

 

Yours XX

 

 

Mindzai

 

 

Or if they have not written anything but have just refunded the money, I would write something like

 

 

Dear XXX

 

Thank you for the recent credit of £750 to my account.

 

I have not recieved any correspondance from yourself explaining why this credit has taken place, so in case it is the result of a mistake on your part I have not yet drawn on the amount.

 

i would be grateful if you would write to inform me why this amount has been credited.

 

Yours XX

 

 

 

Mindzai

 

Then if they reply saying it is a refund of charges, send the first letter.

 

The bottom line is, if you have started the claim already, I would not accept the money as part settlement, and I would not spend any of it. Just carry on as normal after sending them a rejection letter.

 

Again pleas ebear in mind this is just what I would do. However if none of the above helps, just remember not to panick if this happens! there are so many threads about this being posted at the moment which shows Lloyds' tactic is working. Remain calm, take your time and in keep control at all times and you will be fine.

[darling1]

Sorry to hi jack the thread for a mo. Hi mindzai - my problem is that they put the money into my husbands bank......... and told us after the event.

We had spent some of it without originally knowing it was there, as it was put into the very overdrawn account. It was also well after the 14 day deadline I gave them. My husband had recieved the letter before I served the papers and he had spoken to them on the phone to confirm the money was there, unfortunately, when you both work all the hours God sends etc etc you do miss out on conversations, or think you have told someone something, when you havn't.

 

The next day, I went to the court and filed the papers...and at this point we had had the money for a couple of days, and some of it had been spent. After we got hte letter we wrote to the LTSB the standard rejection letter saying ta, but only in part payment etc etc.

 

SOOOOO.......the papers we filed were a bit incorrect! And I am sure this is a tactic used by LTSB to put a spanner in the works to put off and confuse the customers.

 

Should I wait for an acknowledgement of service from them, with obviously a disputed amount on it. Or should I ammend the ammount now (and how?)The papers were sent to the LTSB on the 15th and will be deemed to have been served on 17th

Hope you can help - anyone??? I have sucessfully "done" the Halifax and and still in shock that that worked! BUt LTSB are little B*gg*rs arn't they?

[Mindzai]

If you have spent the money and written to them accepting it I dont see that you really have any choice but to ammend your claim. The court can give you the form to do this, and there is a non-reclaimable charge for this.

 

Unless anyone else has another suggestion, but I dont know of any other options.

 

And I am sure this is a tactic used by LTSB to put a spanner in the works to put off and confuse the customers.

 

Damn right it is! Amongst other things this is certainly designed to confuse.

[The old chap]

Thanks for the advice. We have just put the kettle on to se the next instalment

[minnienee]

I wrote to LLoyds (Rejection of settlement figure of £750 -using CAG template) accepting figure as part of full settlement (£3,500) giving them until 12 jan to reply. Nothing so far from them, I assume this is normal?

[Mindzai]

Don't wait for their replies, just carry on as normal on your own schedule.

[The old chap]

Well people, I did not get offered £750 but Lloyds actually paid £750 into my account. I have replied, Thank You but I will accept in part payment. In Mondays post, the N1 and account claim including interest less £750 goes to the local county court.

I will wait with baited breath.

[seesaw]

We're slightly ahead of you old chap (we have received lloyds defence today and it is pretty unremarkable) - keep ploughing onwards, we've all got a way to go yet i think!

[The old chap]

thanks for message. My N1 came back today from the court, the interest claimed was not correct after I took that £750 off the gross total. They also said that I should include a claim for interest up to 'date of judgement' at 'a daily rate of interest what ever that it.

Dont we learn a lot.

Regards.

[nightowl53]

thanks for message. My N1 came back today from the court, the interest claimed was not correct after I took that £750 off the gross total. They also said that I should include a claim for interest up to 'date of judgement' at 'a daily rate of interest what ever that it.

Dont we learn a lot.

Regards.

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