miss_angie1 v LloydsTSB

[reload]

Stick with it angie - people getting out of their comfort zone is what the banks are counting on to save them money. Don't blink!

[miss_angie1]

Quick question I am filling in the Court Allocation question and have got to the Other Information box which states:

In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party.

What should i fill in here? Can anyone else tell me what they have written?

 

Also the cover letter states I should return the questionnaire and return it with, where the claim is over £1500 the court fee of £100. My claim is only for £460 so am I right in my understanding that I don't have to pay an additional fee?? I've ticked the No box to fee enclosed and written that the claim is under £1500 and I hope this is correct.

 

Help!!!

[londondulwich]

Hi,

 

I would ask that the bank provide a detailed breakdown of how they calculated the charges applied to your account.

 

I would also ask for a breakdown of how the decision process works when they allow their customers to go past their overdaft limit.

 

I would also ask that the bank clarify whether these actions took place automatically via a computerised system, or whether people made these decisions. If members of staff were involved I would ask that the bank provide their details.

 

We all need to know if they are making a profit through these charges, and if that is the case, by what % markup.

 

I wonder what other people have put?

[miss_angie1]

Thanks londondulwich that's great!!

[miss_angie1]

I posted the court allocation questionnaire on 15.05.06. How long does it usually take to hear back from the courts with a date? I'm getting nervously impatient now...

[miss_angie1]

Just as I was beginning to get impatient I come home today to find a settlement letter from Lloyds Solicitors. It does come with conditions so just wanted to run it by you all for advice on what I should do next. The letter states the following:

 

In our open letter we have set out details of the Bank's defence and we should inform you that the Bank does not accept that there is any merit to your claim. However, regrettably the costs of resolving a dispute can easily exceed the amoun in issue regardless of who "wins" at the end of the day. The Bank is therefore willing to settle your claim on the following basis:

 

1. The amount of your claim will be credited to your account (I'M HAPPY WITH THIS!)

2. You must cooperate with the Bank's request that your account is reviewed (I'M OKAY WITH THIS!)

3. You must maintain your account within your current limit, and any new limit agreed with the bank (I'M HAPPY WITH THIS!)

4. Payment will be in full and final settlement of this claim and any further claims you have or may have against the Bank arising out of or in any way connected to this claim. (THIS IS THE POINT I AM NOT COMFORTABLE WITH AS IF THE BANK CHARGE ME UNFAIRLY IN FUTURE I FULLY INTEND TO CLAIM IT BACK)

 

I'm really happy!!!

 

Any advice will be much appreciated before I sign on the dotted line.

[alanfromderby]

Clause 4 would be unenforceable at law - as the law overrides the terms of such a "contract".

 

However, it is entirely up to you how you continue, you could sign the form and delete that clause - or you could accept it, and reply on the fact that it is an unenforcible clause anyway.

 

I am surprised they haven't tried to include a gagging order as well.

[intersimi]

I recieved the same basic letter today also. I am signing it and sending it back. I still have accounts in which I intend to claim from LloydsTSB too.

 

It is an unlawful contract too

[Krystyna]

Just as I was beginning to get impatient I come home today to find a settlement letter from Lloyds Solicitors. It does come with conditions so just wanted to run it by you all for advice on what I should do next. The letter states the following:

 

In our open letter we have set out details of the Bank's defence and we should inform you that the Bank does not accept that there is any merit to your claim. However, regrettably the costs of resolving a dispute can easily exceed the amoun in issue regardless of who "wins" at the end of the day. The Bank is therefore willing to settle your claim on the following basis:

 

1. The amount of your claim will be credited to your account (I'M HAPPY WITH THIS!)

2. You must cooperate with the Bank's request that your account is reviewed (I'M OKAY WITH THIS!)

3. You must maintain your account within your current limit, and any new limit agreed with the bank (I'M HAPPY WITH THIS!)

4. Payment will be in full and final settlement of this claim and any further claims you have or may have against the Bank arising out of or in any way connected to this claim. (THIS IS THE POINT I AM NOT COMFORTABLE WITH AS IF THE BANK CHARGE ME UNFAIRLY IN FUTURE I FULLY INTEND TO CLAIM IT BACK)

 

I'm really happy!!!

 

Any advice will be much appreciated before I sign on the dotted line.

 

 

Excellent nearly at the end of your journey I have to return my allocation questionaire maybe i will get a similar result to you.I would not sign away my rights to any future claims either. Best wishes and good luck

 

 

Krystyna

[lookinforinfo]

I understand your dilemma Angie. On the one hand, you would like your money now,

and without having to go to Court. On the other hand, you don't want the bank

removing money from your account in future even though you had to agree to it

in order to get this money.

 

If you read clause 4 carefully, under what grounds could they claim that were you

to attract an authorised charge in the future, that it would be connected to the

claim that has been settled? Any future claim for a charge applied in the future

would be a totally separate transaction and nothing to do with now.

Or is it me who has misread the stipulation?

[intersimi]

My letter also stated that the letter was confidential and any futire corespondance with regards to the settlement

[biscuit]

You could just write them a letter and tell them what terms you are willing to settle with - I just know it will work

[jamesworth]

Do you reackon its worth holding off with the allocation questionaire to just before the deadline ? As you got settled just before

[cajdad]

I agree with Lookiforinfo.

 

It talks about future claims "arising out of or in any way connected to this claim". If you make a claim in the future for a new bank charge, I can't see how it can "arise out of" or be "in any way connected" to your current claim.

 

But, to be safe, you could reply saying that you accept their offer on the understanding that their terms will not prevent you from making similar claims in respect of any charges which may be debited to your account in the future.

[HONESTKNOB]

Congratulations Could I ask how much the claim was for as I'm submitting quite a large one and they might not think it is cheaper to settle out of court.

[miss_angie1]

My claim including interest and court fees was £460. Thanks for all of your kind words and stay encouraged. It looks as though that Lloyds tough nut is beginning to crack!!!!!

[miss_angie1]

Okay I'm being impatient now. How long is reasonable to wait for the credit to my account after sending my signed acceptance back to Lloyds Solicitors. I posted it recorded delivery Saturday 27th May.

 

I even went as far as having my ridiculous bank review with them today and listened to my account manager try to sell me more loans at extortionate interest rates!!!

 

Let me know how others who have already had settlements got on at this final hurdle??

[miss_angie1]

This topic was closed on 03/07/19.

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