Gem V Lloyds ** WON **

[Pondfish]

Well done Gem,

 

Not easy to fit this in i know, but you'll be glad you did in the end!

 

Just shout if you need help!

 

Pondy

[gem77]

Thanks Pondy,

 

It is everso hard juggling a full time job, a 2 and a half year old terror, a husband and a house. No time for much else. No wonder I'm stressed!!!

 

Ok. I have sent off my schedule of charges to money claim. Do I also need to send a copy to Lloyds? I only sent 2 copies to Money claim for my Capital One claim but as Lloyds tend to fight a bit harder dont want to mess up.

 

If I do need to what sort of letter should I write. Maybe some sort of nudge letter?

 

Cheers

Gem

[GuidoT]

As you filed using MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed as below:

 

The Court Manager,

Money Claim On Line

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours faithfully

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

Your faithfully

 

Dear Sir

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

Yours faithfully

[gem77]

Thanks GuidoT,

 

I have sent 2 coppies to money claim. Just wasnt sure about send another copy to Lloyds. All clear now. I will wait for the notice of acknowledgement.

 

 

 

Thanks Gem

[GuidoT]

I have dealt with those details. Please edit and delete them from your thread.

[gem77]

Received my letter from the court yesturday and LTSB have until the 14th July to acknowledge and then till the 28th July to defend.

 

Start the clock and watch the count down!!!

[Pondfish]

On the home straight now Gem!

 

Keep us posted!

 

Pondy

[gem77]

Lets hope so pondy.

 

I will let you know when I hear.

[gem77]

Well alot sooner than expected Lloyds have acknowledged my claim today. 10 days before the deadline. Not sure if thats a good thing or a bad thing!!! as I notice they they usually wait till the very last day.

 

Now just sit back and wait till the 28 days are up I guess.

[gem77]

And do a bit more revising of course

[gem77]

Well what a shock I had this morning. The postie delivered me 2 letters one from SCM another from the court containing the acknowledgement.

 

I cant believe it they are paying up. It was only served on the 30th June and they acknowledged on the 4th July.

 

A few questions though they have sent me the good old terms and conditions letter. At the top strictly without prejudice confidential.

 

Just to clarify though. I now need to cross out what I dont agree with sign it and send it back yes????:o

 

Have read this on other threads just want to reassure myself. When you say cross out do I literally just put a line through it?

 

the conditions are (in brief)

 

1. the amount paid into acount (no problem with that)

 

2. payment goodwill gesture and full and final settlement. (leave that in I guess)

 

3. confirm they havent paid these charges back before. (no so I will leave that)

 

4. terms are confidential. (cross that out Yes?)

 

5. agree to maintain account in agreed limits. (cross that out. You never do know)

 

6. aware you can avoid fees in future if arrange increased overdraft before things go out. (Do I cross this off? isnt really a condition just making me aware or is it saying I am not to go over?)

 

7. Make contact with bank manager for review. (cross this off as dont really use the account any more except for hubbys monthly allowence. no dd's come out of it any more).

 

So I am thinking cross off 4 - 7. Does everyone agree with me?

Sorry to repeat things just need to get it straight in my head. Alot of money riding on this.

 

Thanks everyone.

Gem

[Michael Browne]

You don't have to return their acceptance letter, you can send your own:

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

[gem77]

great that sounds good.

It wont jeopadise getting this money back though will it?

 

Sorry just getting a bit paranoid cant believe they have just offered it back. Thought I was bound to have to go all the way to court.

 

Gem

[nicsussex]

It wont jeopadise getting this money back though will it?

 

Of course not

[gem77]

Thanks michael and nic. It all just seems too good to be true.

 

My head has been in a spin all day and probably will be until the money is in the account and then safely transfered into the joint account.

 

Thank you to everyone who has given me support and advice.

 

Dont suppose anyone knows how long they take from them recieving the letter to them actually paying out?

 

Gem

[Pondfish]

Congratulations Gem!

Well done!

Wait until the money is in your account before you notify the courts that the claim has been settled.

Don't forget to make a contribution to CAG if you can.

Pondy

[gem77]

Thanks Pondy. definatley wont be telling the court till the money is safely tucked away in another account.

 

And yes a contribution will be heading this way.

 

Still hasn't sunk in though. After all my worries and concerns (and sleepless nights) i can breath a sigh of relief. (well hopefully. wont count all my chickens just yet)

 

Thanks again

 

Gem:D

[gem77]

Ok so I have printed off the letter ready to post tomorrow. Just to clarify that is all I need to send just this letter?

 

Gem

[zootscoot]

Congratulations!!!!!!!

:D

Don't forget to fill out the survey

A donation would be much appreciated

Enjoy your payout!

************

[gem77]

Thanks zootscoot. And thanks for changing my title.

[christinajanep]

congratulations gem

[GuidoT]

Nice work, there is a letter in the link below to inform the Court of settlement once you have been paid:

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

[gem77]

Thanks GuidoT thats great. Will let you all know when they have paid up.

[DenWestie]

Well done Gem, did u send the letter in post 37 to SC&M?

[gem77]

Hi Den,

 

Thank you. Yes I did. Posted it yesturday.