Automatic goodwill payment

[linz123]

Hi,

 

This is my first post on this great forum but I've been using the template letters to get us to where we are now.

 

I'm owed around £1000 (including interest) from my current account and around £400 from my credit card. Both LTSB.

 

We've got to the stage of Letter before action, i.e we've written threatening court action if no refund is received.

 

I received a letter from Lloyds (regarding the current account) saying

 

"Generally we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to repay you 750 in full and final settlement of your claim. We will credit this amount to your account within 10 working days."

 

Obviously this is good but just as obviously we still want to go for the rest of the cash.

 

If we allow them to put this money into my account can I still start a court action through MCOL for the difference?

 

On a secondary note if I am claiming for both Bank account and credit card charges do I have to submit 2 separate claims through MCOL or one for the total against LTSB?

 

Any advice/comments would be greatly received.

 

Thanks!

 

Lindz

[pt2537]

Hi Lindz

 

its pretty standard action for lloyds to pay the 750.00 into your bank account.

 

you can still take them to court for the difference, make sure you send them a letter rejecting their offer of full and final settlement. use on of the templates here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html theree should be one that fits your circumstances but you will probably have to modify it slightly to fit

 

im not sure about the 2 claims, i would think it would be better to keep them seperate but im sure someone else on here can offer some advice on that

 

regards

paul

[linz123]

Hi Paul,

 

Thanks for your reply! Do I still hold on to the 750? i.e say thanks for that but I don't accept it as final settlement I want the rest (only in better English!)

 

I assume that holding on to the money doesn't constitute acceptance? (which I guess is why I write to them)

 

Thanks again,

 

Lindz

[pt2537]

Hi Lindz,

 

The thing is that it has been the case where lloyds pay the money into the bank account weather you say ok or not and you cant make them take it back really.

 

the main thing is that you write to them telling them that you do not accept this payment as a full and final settlement. tell them you consider it a part payment only and on the understanding that you are going to pursue the rest through the county court. the best thing to do is use one of the templates i pointed you to.

 

i hope this helps

 

regards

paul

[linz123]

Hi Paul,

 

That makes perfect sense, thanks for that. I assumed that was the case, just wanted to make sure!

 

Thanks again

 

Lindz,

 

If anyone else has any comment on whether I need to make 1 claim or 2 regarding current account and credit card I'd be really grateful! Cheers!

[PPMAN159]

My temptation would be to make two separate claims on MCOL due to them being for your current account and credit card.

 

A will involve a bit more work but it might make things easier to track in the long run.

[linz123]

Thanks PPMAN, that's kinda what I'm thinking too. I've treated them as separate entities up to now so I suppose it makes sense to continue in that way.... was trying to cut down the work a bit tho!

 

Thanks again Lindz

[linz123]

Sorry to bring this one up again!

 

I've been looking through the list of rejection offers and I'm a little confused, again!

 

I feel that letter 3 probably suits most of my circumstances as they were very close to the LBA deadline date. The only thing I'm a little sure of is the returning of the £750 they have paid into my account.

 

I really need the money at present and I assumed I'd just be able to hold on to it and chase the rest. This letter implies different.

 

Would it be possible to reply saying I don't accept this offer as full and final but without the "take the money back" bit?

 

Does anyone have any advice for me on this matter,

 

 

Thanks again,

 

Lindz

[BARTY]

Hi Lindz

I have never read of Lloyds taking back the goodwill payment, so I would just go ahead with the letter.

good luck, let us know how you get on.

Barty:)

[linz123]

Hi Barty,

 

thanks for that, do you suggest then that I go ahead with the "please take the money back" assuming that they won't or to delete that sentence asking them to take it back?

 

Sorry, I hope that makes sense!

 

Thanks again Lindz

[BARTY]

Hi

It's up to you, maybe delete it if the letter still makes sense without it.

Barty:)