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jstringer

JPS vs Lloyds

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Hi Everyone here is my story so far, I now feel I need some advice before I proceed any further.

 

I sent off my initall letter claiming back £3487.50 on the 25th November, I rececived back ont the 6th December the standard reply from lloyds that so many on here seem to have received.

 

I then sent off my letter before actionon the 12th December, This time however I received back a letter dated 20th December saying that they would reduce my charges by repaying me £750.00 "As a gesture of goodwill because we might face that cost in dealing with your complaint it you took it any further". This was deposited in my account on the 27th Janurary.

 

What I am now unsure of is how do I proceed to reclaim the full amount that they owe me. Do I still take them to court for thr full amount or do I subtract the £750.00 from the amount I am claiming? If I do this how will it effect the amount I am intending to claim for interest at 8%.

Thanks in advance. Any advice will be gratefully received.

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This is what you need - looks like this is a common thing with Lloyds at the moment:

 

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

 

And yes, subtract the £750 from your claim amount before the 8% is added on. You should be able to put it in the spreadsheet and it will adjust it for you.


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Hi ,

 

Thanks for your reply dolly,

 

The letter I have received from Lloyds does not mention the £750. they have paid me as full and final settelment, only that it is a "gesture of goodwill" the relevant paragraph is as follows.

 

"Generally we don't agree to adjust any of these charges, but i can tell you that on this occasion we are prepared to reduce the charges by repaying you £750. 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 as a gesture of goodwill because we might face that cost in dealing with your complaint if you took it any further."

The rest of the letter go's on about how easy it is to avoid these charges in the first place and that they belive it is fair to apply them. I can also apparently contact them if I know a payment is going to take me over my limit to "see if we can raise it". The letter ends by telling me that if i need to take the matter further I can contact the Financial Ombudsman Service.

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OK Here is an update of my case.

 

I have been progressing with my claim and am now at the stage where I have received an allocation questionaire from my local court.

 

My question is.

 

Do I have to fill in this one by hand and photocopy it for my own copy and one for SCM or can i fill in the PDF version from here http://www.hmcourts-ervice.gov.uk/courtfinder/forms/n149_1105.pdf

and print this off?

 

will the dfifference in the layout and colour of the paper be an issue for the court.

 

any advice now is very welcome

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filling in the pdf online is perfectly acceptable and also looks far more professional.

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Hi all,

 

I really feel I need some good advice now please.

 

I have followed the advice given on here to the letter, I am now at the stage when I have filed my AQ with the court on the 28th March the due date it had to be in by was the 31st March. I followed the new method for filling in the AQ and included the draft directions etc.

 

This morning I receive from the court the following...

 

"DISTRICT jUDGE XXXXXXXX has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because:-

 

Special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

 

At this hearing the court will consider either:

 

(a) to stay the claim pending the decision in a test claim involving the Defendant, or

 

(b) to give directions for this case to be heard as a test case, and if necesary to allocate the claim to the multi track for that purpose.

 

Not less that 14 days before the preliminary hearing the defendant shall file with the court and serve upom the claimant details an which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the Claimant draft directions for this case to proceed as a test case.

 

The claimant may make any representations to the court in writing provided these are received by the court and served on the Defendant not less than 5 days before the prliminary hearing. If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the prelininary hearing.

 

The preliminary hearing will take place at 11:00 on the 24th April 2007 at Great Yarmouth Magistrates' Courthouse"

 

 

Can somebody please explain what all this means and what action if any I have to take now ? I have been OK upto now but just need reassuring that all is still well with my claim.

 

Thanks in advance...

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I've seen this order before quite a few times. Have a read of this thread first, then come back and answer any questions you may have - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/37561-starting-three-claims-lloyds.html#post530490


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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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I've commenced action against LTSB and have filed my AQ. As far as I know SCM for LTSB have not yet done so. My claim includes contractual interest (in addition to the charges which in themselves amount to some £12,000) and is likely to be allocated to the multi-track.

 

However, I'm not sure that really matters as surely the basic principle of whether the charges are fair, reasonable and non-punitive is the one that counts? If LTSB / SCM wish to contest the issue of contractual interest they will surely have to attend court to defend the charges issue also?

 

Does anybody have any thoughts on this - not sure it warranted starting a new thread?

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However, I'm not sure that really matters as surely the basic principle of whether the charges are fair, reasonable and non-punitive is the one that counts? If LTSB / SCM wish to contest the issue of contractual interest they will surely have to attend court to defend the charges issue also?

Unfortunately no, not necessarily.

 

Lloyds will refund the charges + 8% in all likelyhood, and then contest the interest. I would strongly advise you to accept the offer as final settlement, if it is made, and abandon the contractual interest.

 

This has been discussed yesterday - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/54034-reddeath-lloyds-tsb-4.html#post695856

 

You should actually start a thread in any case, so as to save hi-jacking someone else's.


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Hi Gary

 

Thanks for your reply. I'll let you know how this progresses - even with 8% interest the claim is substantial - but I think the next move is up to LTSB / SCM?

 

John

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Hi Gary,

 

Thanks for your help. I have read through the thread you suggested and I think I understand whats happening... I think if i go down the same road as Bella47 and send a similar letter to the court, but I would also like to include the list of settled cases but the link in bella thread is not working, can you please point me to where i can get these from..

 

Many Thanks...

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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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