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Random settlement offer by Lloyds


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Hi,

 

:-| I sent off my AQ the other day and just got a Notice of Issue from the court with a copy of my claim form attached - do I have to do anything with this?

 

Also received a letter from Lloyds solicitors which says they "can confirm that that our client will be settling the above claim" but then offer me a completely random amount and i can't work out where they have got this figure from. They have also taken into account the £750.00 Lloyds paid into my account a couple of months ago but I adjusted my claim to reflect the money paid in. Should I write back to the solicitors and send them a copy of the correspondance I had with Lloyds re: my initial claim the amended one i filed?

 

Any help would be much appreciated!!

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The amount offered is for about the claim amount minus the £750.00 they already put in my bank account. It is not exact though (£3.55 over) but doesn't take into consideration my daily rate of 0.11p.

 

I thought the £3.55 extra might be the daily rate amount but you cannot divide it exactly so it can't be.

 

Also, as Lloyds paid the money into my account before I filed my court claim, I adjusted it to take this into consideration already. Whilst I didn't mention a payment or anything on my court papers, I did write to Lloyds rejecting the payment as full offer and sent them an updated SOC so they know my claim is for £750.00 less already.

 

Shall I write to SCM and reject their offer and forward them the relevant correspondence I had with Lloyds?

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The amount offered is for about the claim amount minus the £750.00 they already put in my bank account. It is not exact though (£3.55 over) but doesn't take into consideration my daily rate of 0.11p.

 

I thought the £3.55 extra might be the daily rate amount but you cannot divide it exactly so it can't be.

 

Also, as Lloyds paid the money into my account before I filed my court claim, I adjusted it to take this into consideration already. Whilst I didn't mention a payment or anything on my court papers, I did write to Lloyds rejecting the payment as full offer and sent them an updated SOC so they know my claim is for £750.00 less already.

 

Shall I write to SCM and reject their offer and forward them the relevant correspondence I had with Lloyds?

 

 

Up to you but for the sums involved is it really worth it?

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Just checked the defence and the bit which is new is as follows:

 

"Furthermore, the Claimant's claim appears to be misconceived in that the Claimant is seeking a refund of overdraft interest. There is no claim for refund of the authorised rate interest as it is contractually due and is a core term of the agreement between the bank and the Claimant. As such, the Defendant denies that they are indebted to the Claimant for the sums claimed under this heading. The Defendant will rely on the case of Emerald Meats (London) Ltd. -v- AIB Group (UK) Plc [2002] EWCA Civ 460, which is authority for the propsition that a customer entering into an overdraft agreement could expect to pay interest on the basis of the standard practice adopted by the bank."

 

I have only claimed interest relating to the charges (not contractual) plus the 8% statutory rate when I filed my claim, so what are they talking about? Has anyone else come across this???

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don't think I explained myself properly - if I settle for the amount they offered it would be £750.00 less than I am owed as they have effecvtively taken it off twice

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don't think I explained myself properly - if I settle for the amount they offered it would be £750.00 less than I am owed as they have effecvtively taken it off twice

 

Sorry no you hadn't -m I thought this was all about 3 quid. If you are sure that they have deducted the£750 twice then you should write to them pointing out their error and stating that only full payment of your claim will stop you from proceeding.

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