Mer Vs lloydstsb

[merdoom]

Hello all,

 

I am planning to file against lloyds with mcol tomorrow, and just want to do a final check that i am doing everything right.(have sent prelim letter, rec final response from ltsb, sent lba, rec no reply.)

 

As i sent my prelim letter in october last year, some of the charges now fall outside the 6 year period, ie: the first charge is from october 2000.

 

I have seen on the web that the only people who are having serious problems are people trying to claim outside six years, and if there is any chance that this will upset my claim or cause problems, i would rather not try to claim for those amounts.

 

many thanks in advance! and good luck all........

[BARTY]

Hi

The 6 years you can claim starts from when you started the claim, ie when you sent the SAR, or the Prelim letter if you didn't do a SAR, so the charges you are claiming for are fine.

Good luck, and keep us informed on how you are doing.

Barty:)

[merdoom]

Thanks!,

just wanted to make sure i am doing everything to the letter, the advice here is so good. i really hope i win so i can give something back to help!!

 

Cheers and good luck all.

[merdoom]

Hello again all!

 

I just recieved a letter from lloyds with the standard offer of £750 as a goodwill gesture, as £625 was paid into my account and they have removed an upcomming charge of £125 (which i have not put on my claim) should i now file with mcol my original charges -£625 or -£750?

 

Also do i need to send the letter rejecting this offer of payment as it is not offered as settlement, but as goodwill? (see section of letter below)

 

" generally we don't agree to adjust any of theese charges, but i can tell you on this occasion we are prepared to reduce the charges by repaying you £625.00. in addition i have agreed to waive the charges totalling £125 still due to be debited from your account.you may have read that we and the other banks are discussing overdraft charges with the oft. meanwhile we do consider each customers 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.

i need to let you know that this does not mean we consider we have any legal obligation to do so. £625 will be credited to your account in the next few days."

 

 

Many thanks in advance!!

[merdoom]

any ideas? thanks guys!

[BARTY]

Hi

I would claim for your original amount less £625.

I would send the letter, I think there is a few to choose from here:

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

 

Hope that helps.

Barty:)

[merdoom]

thanks, that what i was thinking,

just need to double check everything before i go ahead... don't want to make any little mistakes that come back to bite me!!!

[merdoom]

sure i must be doing something wrong here as mcol will not let me file this,i get an error. have counted lines and chars and is within the amounts specified, think my brain may be getting tired! can someone else have alook and tell me if it is looking ok or any advice on better wording, i changed it a little because of the goodwill payment, don't want to get anything wrong and am looking forward to giving something back to this wonderful site, (its all i talk about at the moment!) cheers! (the question marksin account number are mine!)

 

1. The Claimant has an account ????????

with the Defendant, opened 1994. Since

22/12/00 the Defendant debited charges and

interest in respect of purported breaches

of contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4. Claimant contends: (a) The charges

exceed the Defendant's losses caused by the

breaches; (b) The Term permitting the

Defendant to levy such charges is

unenforceable under the Unfair Terms in

Consumer Contracts Regulations 1999, Unfair

Contract Terms Act 1977 and at Common Law.

5. Claimant claims: (a) return of the

amounts debited of £1974.00 minus 625.00

goodwill gesture £1349.00; (b) Interest per

S.69 County Courts Act 1984 of 8% -

£222.92 continuing at 8% until judgment or

settlement at a daily rate of £0.43; 6.

Alternatively, if the charges are a fee for

a service, then they must be reasonable

under S.15 of the Supply of Goods and

Services Act 1982. 7. Costs allowed by the

Court.

[merdoom]

ok, so i was being a little, well dim! thought it was 1080 OR 24 lines, seems i have 25 lines and no matter how i try and delete spaces here and there i still end up with 25 or even 26 lines! anyone willing to have a look and try and fit it into 24 for me?

good luck to everyone!

[BARTY]

Hi

If you haven't sorted it, how about doing it on an N1, this gives you a lot more room.

Barty:)

[merdoom]

claim updated to: 26/02/07Acknowledged

The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply.

 

so just wait for them to file a defence now i suppose.

[merdoom]

I have just re read my claim and realized i didn't put the intrest in the total claim amount, i have it in the particulars of the claim but the total amount is just the charges. should i try and amend it with mcol or can i just carry on and not claim the interest?????

 

OOPs, and i have been really careful ( or so i thought)

 

Any help would be great!

[dolly]

It depends if you think the interest is worth the cost of £35 to amend the claim? If you haven't included it on the claim form, Lloyds are not likely to pay it.

[merdoom]

i am more worried it will delay everything, or cause problems as i put it within the claim details, its also on the schedules i have sent out to the court and lloyds! think i might as well amend with mcol, its an extra £220, i could do with.

[merdoom]

hmmm, sorry to be rubbish again,

but how can i amend with mcol?

do i need to re file the complaint?

 

and i thought it was all going so well!!

[BARTY]

Hi

I would ring MCOL, they will advise you on how to amend it.

Barty:)

[merdoom]

hello!

 

recieved lloyds defenceand aq, looks pretty standard apart from i have an extra point (making it 10 points in total)

 

9: (further insofaras part of the claimants claim is based on charges levied on her account prior to six years from the date of the claim, that is 20th feb 2001, this part of the claim is statue barred by section 5 of the limitation act 1980. the defendant is is unable to verify the amount claimed prior to the 20th feb 2001 as the particulars of claim does not show how the amount claimed is arrived at.)

 

i sent my first letter requesting repayment in october last year and the schedule of charges i have sent to them(3 times) includes the first charge from 20th dec 2000, should i reply to this or any advice as to what now??

 

Many thanks everyone!!

[merdoom]

just to clarify, should i put something in section g of the aq to explain that i started procedings to reclaim this amount prior to the date of the court claim and that is why it goes back further than 6 years?

 

thanks again guys!

[merdoom]

sorry to ask again (want to get the aq off asap),

but i don't want to get anything else wrong!!

will include a schedule of charges when i send a copy of the aq to sc+m which shows the charge for dec 01 and jan 01, but still not sure if i should make reference to this on the aq itself.

 

thanks again everyone!!

[merdoom]

another quick question, when i have finished the aq and have to send a copy to sc&m can i fax it? does nayone have a fax number for them? would this be a bad idea??

as my claim is under £1,500 hoping they will just settle quite quickly. guessing it will go down to the last day at court though!!

 

once again (and not for the last time i am sure)

Thanks!!

[BARTY]

Hi

If It was me, I wouldnt' mention anything on the AQ about the 6 year thing, but it's up to you.

Fax number is 01273 745356, save you the price of a stamp!

Barty:)

[merdoom]

thanks Barty, i didnt mention the 6 years as there is only one charge that falls outside, have faxed and posted aq and new draft, hopefully they wont want the judge to have the chance to approve the draft and will pay up! i won't hold my breath though, sure they will take it to the court date.

 

cheers guys, and good luck everyone!

[merdoom]

helo everyone!

i looked in my bank today to see if this bacs mess up had paid my wages , which it hadn't.

But low and behold there was £1,300 paid in yesterday!

I WON!!(i hope)

no letter from lloyds yet but i suppose that must be in the post, it says bank charge refund nextdoor to the money, so it will be my first meal out tonight for ages!!

I just want to thank everyone for the help i have had here, this will really get me back on track so i can pay off some other wolves at the door.

 

faxing the aq really seemed to work, i only sent it last friday!!

 

will donate as soon as i get everything in order and work out how much i have thats spendable!!

 

once again thanks guys and good luck to everyone else!!!

[dolly]

Many congratulations - bet your weekend has got much better now

 

Enjoy it.

[merdoom]

thanks dolly! because of the bacs mess up i wasn't going to be able to pay some bills, but now its all ok.

 

now to buy myself a little treat!

 

Good luck everyone, you do get there in the end!!

 

(can someone change title to won for me?)