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NLP v LTSB


JAPP
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I have been trying to have my daughter's bank charges refunded for the last few months. I have followed all your guidelines and have reached the court stage. Shortly after the court papers were taken to the court my daughter had £650 put into her account as a 'gesture of goodwill'.

We informed the court and told them that we would like to continue to claim for the balance of £420.

Today we have received a letter from SC&M.

It says :

THE BANK WILL BE DEFENDING THESE PROCEEDINGS ON THE FOLLOWING GROUNDS:

1. THE FEES THAT YOU SEEK ARE PROPERLY INCORPORATED INTO YOUR CONTRACT WITH THE BANK; and

2. BY MAKING PAYMENTS(WHETHER BY CHEQUE, DEBIT CARD OR ANY OTHER MEANS) FROM YOUR ACCOUNT WHERE YOU HAVE INSUFFICIENT FUNDS TO COVER THEM, YOU ARE MAKING A REQUEST TO THE BANK FOR AN INCREASED OVERDRAFT, WHICH THE BANK MAY MEET OR DECLINE. IF IT MEETS YOUR REQUEST, YOU MUST PAY THE NECESSARY CHARGES. THE ISSUE OF PENALTIES ONLY ARISES AS A MATTER OF LAW, WHERE THERE HAS BEEN A BREACH OF CONTRACT, AND THERE IS NO BREACH OF CONTRACT HERE.

 

LOOKING AHEAD, A SITUATION WHICH GIVES RISE TO A DISPUTE IS NOT ONE THE BANK WISHES TO CONTINUE. IN VIEW OF THIS YOU ARE REQUESTED, PLEASE, TO MAKE CONTACT WITHIN THE NEXT 14 DAYS WITH YOUR LOCAL BRANCH MANAGER ON TEL ..... TO REVIEW YOUR ACCOUNT. A REVIEW MAY BE USEFUL TO CONSIDER WHETHER YOUR CURRENT BANKING ARRANGEMENTS ARE THE MOST APPROPRIATE FOR YOUR NEEDS.

WE AWAIT CONFIRMATION FROM THE BANK THAT ACTION HAS BEEN TAKEN.

 

So, can anybody tell me what this is about please? Should I ignore it?:???:

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Seems to be another attempt to get you back off - presumably they have submitted a defence - if so they are just repeating themselves. As for the account review why would they want this - you have given them many attempts to enter into meaningful dialogue and they have chosen not too. They are trying to bully you. Don't let them get away with it.

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Yes they have submitted a defence.

We have no intention of backing down.

In fact, as soon as this is all over my daughter intends to close the account. (She has a new account with another bank now).

 

What I needed advice on was : should we REPLY or IGNORE?

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I would reply saying thanks for the letter, see you in court, happy to review the account after this.(by which time it will be closed) Maybe not quite that short but you get the jist!

 

Obviously it's up to you ;)

Barclays - 2 Accounts - WON

Capital 1 - WON with CI

LTSB - WON

LTSB pre 6 years - N1 for non compliance filed

Barclays pre 6 years - Prelim sent

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Personally I would ignore it - after all the matter is now subject of a legal claim against them - if they want an account review then settle your claim and then you will have the review.

 

So having said that I have just contradicted myself suggesting you should respond saying settle and then account review.

 

Either way don't think it will make a lot of difference. Depends how you feel about going in for review - traditionally these have proved to be a complete waste of your time and that of your local manager (salesman?)

 

This seems to be a fairly new tactic from SC&M and as i have said above is designed to bully you.

 

Hope that makes sense - although having read it back not too sure it does!

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Thanks everyone !!

On reflection I think we will just ignore it. As stated earlier they have had plenty of time to 'discuss' !!

 

Will keep you posted if there are any follow up letters.

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Well, surprise surprise !!

 

A letter arrived today offering to pay the balance in full 'STRICTLY WITHOUT PREJUDICE, CONFIDENTIAL AND PRIVILEGED'.

 

RESULT!!

 

NEXT QUESTION...

They ask for a signature to agree to settle on their terms and to send the whole letter back.

Should we cut off the bit at the bottom, sign it and send it back?

Do we wait until the money is in the bank before informing the court that they have settled (as we are not supposed to 'show this letter to anyone or reproduce it in any way that compromises the parties when entering into settlement negotiations.)

 

We wouldn't like to get anything wrong at this late stage.....we were dreading getting the court bundle together!!

 

Please help.

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Hello, me again.

 

I have seen a template letter informing the court that the bank has paid up and court proceedings are not necessary etc but I can't find it !!

 

Can anybody point me in the right direction please?

 

I won't be sending this until I have had some advice from my post earlier this morning of course.

Thanks:)

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Hi Japp :)

 

Finally they made up their mind! Many Congratulations on getting your settlement letter. :D :D

 

I am exactly in the same position as you...on Monday I also got the letter about seing my branch manager and now I am wondering whether I will be getting a surprise today...

 

With regards to your questions, am not at that stage yet so not completely sure how to proceed but look at this thread: -

 

Jakena Vs Barclays**won**

 

Flower:)

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Thanks Flower,

Hope your letter comes soon. Actually both letters were identically dated....just arrived at different times!!

 

As well as paying out huge amounts of money, it must be costing them a fortune in manpower and postage costs ha ha.

 

Good luck JAPP

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Thanks for your congratulations.

However, nobody has answered the questions I asked at 11.12am today.

 

1. Should we accept without agreeing to confidentiality clause etc?

2. Should we accept, agreeing to confidentiality clause?

3. Should we wait to send Notice of Discontinuance to the court until the money is received?

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Thanks for your congratulations.

However, nobody has answered the questions I asked at 11.12am today.

 

1. Should we accept without agreeing to confidentiality clause etc?

2. Should we accept, agreeing to confidentiality clause?

3. Should we wait to send Notice of Discontinuance to the court until the money is received?

 

1. Yes - simply cross out any clauses that you are not happy with.

2. No

3. Yes

 

And by the way congratulations!

  • Haha 1
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Thanks to all the people who replied.

 

We have now written to SC&M accepting their offer and declining to agree to their confidentiality terms.

The letter of discontinuance has been printed but has not been sent to the court........ and won't be until the money is in my daughter's bank.

 

My next question is :

What happens now?

Will they put the money in the bank even though we have refused to sign their 'forms' or will they continue to defend?

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