Gillianbbb v's Lloyds TSB - **WON**

[gillianbbb]

Read all the information on your site the other night and thought, hey i got ripped from lloydstsb a few years ago, luckily im a paper buff who can date everything back 7 years+

my claim was for just short of £2500, so way under the £5000 mark everyone has been talking about. Anyway took the email address and attached my letter.

this is the reply that i got

 

Dear **************

 

Re: Account Charges for Overdraft Excesses and Returned Items

 

Thank you for taking the time to contact us about your account.

 

I understand that

 

• You feel that the charges you have incurred are contrary to the Unfair Terms in Consumer Contracts Regulation 1999.

• You are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

• You have requested that all charges incurred should be refunded for the past 6 years.

 

When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website. While banking with us can be completely free, we apply charges if a customer does not have enough money in their account to meet payments they have requested us to make.

 

You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.

 

As a business we are entitled to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each cheque book we request that funds are available before cheques are issued.

 

You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account in excess of the amount agreed without charges being made.

 

Accordingly, I am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and chequebooks. Alternatively, you may wish to consider alternative banking arrangements.

You can ask the Financial Ombudsman Service to independently review my decision. You can contact them at The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Telephone: 0845 080 1800. Website: http://www.financial-ombudsman.org.uk. If you do want them to look at your complaint, they need you to get in touch with them within 6 months of the date of this letter.

 

Yours Sincerely

 

David Just

Assistant Manager

 

 

 

NOW I feel that is saying that if i take my case further, they will cancel my account, hmmmmm

i also have a business account with them, that will be moved tomorrow and i will be contacting another company to take my personal account off them as well, what do you advise my next step is court, because my account has been a++++ for over 2 years with them and this happened 2half years ago+

the letter has just made my blood boil, i am happy to goto court, a great day out, especially if i win the amount,

 

await some help and helpful comments

 

gill

[richardc]

This letter is just the standard fobb off. If you are going to take action, follow the steps in the FAQ. You are wise in getting new accounts, banks have been known to be vicious

[gillianbbb]

Thanks for that, i have an appointment in the morning for the business account, so reading what ive read on the forum so far, i think i may ask them to take my personal account as well, they have had our account for 19years, so they will be losing us and also the business.

i suppose asmall price for them to pay, but have spread the word around today about this website and i know that other emails are being sent to banks tonight....lol

gill

[gillianbbb]

did the normal email letter and received the standard back.

Filed claim online and received a response back saying that they where going defend the case.

martineau johnson of london will be dealing with t he claim.

came back from lovely bank holiday away to letter of the solicotors.

i dont know if this is a standard letter but it says northampton county court??

how can i ask it to be changed to a court near me??

The letter is 2 pages long and goes on about --

 

1. the defendant lloyds tsb is a bank it is admitted that the claimant has been a customer of the bank at all material times

 

2. by opening an account with the bank, the customer enters into a commerial arrangment with the bank for the provision of banking services. the bank is entitled as part of that aggrangment to charge for those services ETC ETC ETC

 

could anyone help on the next step, do i enter why im claiming?

what do i need to sumit to the court now and how do i get this to a court near me??

[alanfromderby]

Two things will now happen - you should get an allocation form from the court, which will be when you can ensure that the case is transfered to your local County Court. However, you are also very likely to start getting offers of settlement.

 

This is the time when you need to stand firm.

[gillianbbb]

do i need to file a particulars of claim?

 

thanks

gillian

[alanfromderby]

do i need to file a particulars of claim?

 

thanks

gillian

 

 

If you filed a moneyclaim then you have already done one.

[gillianbbb]

as the solictor sent the letter, i didnt know if i had to send them the information ie what dates i was charged the amounts or anything.

just going through people threads to get myself ready for the battle, but ive been in court once before (with a friend) so i know what im letting myself !!!!

Just need to get in moved closer to home, luckily we have mag and crown in our town, but ill keep everyone posted!!!!!!!!!!!!!!!!

[gillianbbb]

Just to let everyone know that i have received my allocation questionnaire!!

another 100.00 pounds well spent.

 

Just to be naughty, i have used my lloydstsb cheque book on this one, will make sure the funds are there to pay for it...hehehe

 

some are saying that they get offers from banks/sol what is the best way to deal with them!!

 

thanks

gillian

[gillianbbb]

Looks like i received the standard letter through offering to settle out of court my claim is for £2800 plus costs, they have offered me £1742.01

i think the penny is a joke, but the letter advises me that without prejudice and confidential and privileged........LOL

i have read others on the forum about what happens next, so i did expect the letter.

if i sign this they have won, i want the money back they have charged me, so unfair as i was very ill when this happened over 2years ago.

What does the forum advise me to do regarding the letter, i am in the process of switching accounts as everytime i try and transfer money from one of my accounts to another account i have with them, they either advise that i did it wrong or it takes 5/10 days to tranfer to go through (wow - i know)

so business and personnal accounts they will lose, but do i stick to my guns and carry on, as i am willing to take the matter to the courts, i wouldnt have gone this far if i didnt fancy a day out in court..

and how do i respond to this letter as the only form they have supplied is the aggreement one

 

thanks in advance

gill

 

MODERATED threads merged , please keep to your orignal thread when updating , thanks

[Janet-M]

gill if you read my thread mjanet v lloyds you will see my reply to it ( post 19 ) please feel free to use it if you want .

[gillianbbb]

so is it best to take this amount or carry on with the case, just been to change our accounts to somewhere else, i havent used our overdraft for over 2yrs, but you never know when you will need it, is there any other letters that people have sent??

 

they also say in the letter that

 

Please note that the bank can noy reconcile your claim with the figures it has on record. The sum that is offered represents the actual amount of charges levied on your account blablabla. the calcualation excludes both overdraft interest and monthly fees as you are not entitled to include these charges in your claim.

WHAT monthly charges, do they mean every month that i was charged stupid amounts for a returned DD etc??

 

 

 

thanks

gill

[gillianbbb]

received letter from the banks solicotors this morning offering neally what i asked for so i think yipppppppeeeee

so i emailed the solicotors and addvised them, if the amount goes in our bank before close of business on friday i will be willing to aggree and send the letter to the courts as they have already set the date of the court case

 

there response was ---

 

Thank you for your email of today.

 

We are pleased that you are willing to settle this matter on the terms set out in our letter of 4 July 2006. However, please note that the refund of the amount of your claim can not be arranged until we have received a signed copy of that letter.

 

Please therefore sign and return a copy of our letter of 4 July 2006 as soon as possible. On receipt, we shall contact our client so that the refund can be arranged. We can assure you that everything will be done to arrange the refund as soon as possible but please be aware that this process may take longer than two days.

 

We look forward to receiving a signed settlement letter shortly.

 

In addition, as soon as you have returned the signed letter, we should be grateful if you would contact the Court to confirm that the case has been settled. Please note that the Court needs to be contacted as soon as possible so that the hearing date can be vacated.

 

Yours faithfully

 

 

 

yeah, but the letter is all on one page and the signed area is on a seperate sheet, not as green as i look, if i sign the page they could use this page with any letter that they wish to use it with, so now HELP

there terms are

 

1. The amount of your claim £****, will be credited to the joint account

2. You must maintain your joint account within your current limit and any new limit agreed with the bank

3. payment will be in full and final settlement

 

 

***what does the new limit agreed with the bank mean??

will this bye bye to my overdraft?

this is the only thing that is on this account...

 

and i am not willing to sign a blank piece of paper with no reference to the front cover!!!

sneaky, but if the action group needs a copy, i can scan it in, looks like they are being really sneaky...

 

gill

[callumsgran]

You're right to be cautious, also i wouldn't cancel the court action til the money is safe in the bank!

[gillianbbb]

What gets at me is no where in my email did i advise that i agree to there terms ????

my email to them was ----

 

 

Without Prejudice

 

 

 

Dear Sir/Madam

 

Thank you for the letter dated 4th July 2006.

I am willing to settle on £**** if the amount is received in our joint account on or before the **th July 2006. After this date we will be away and will not be-able to deal with any correspondence until after the ** July 2006. Could you advise by return of email today if you are willing to do this, if you are, on receipt of cleared funds I will send a cancellation letter to the county court? I will now await until close of business today.

 

Kind Regards

 

 

 

 

really fed up, as silly me thought fab holiday coming my way after i clear my c/c off, yeah not till i come home now..boo hoo

 

 

how to respond to them

[barracad]

Threads merged AGAIN - if you start another new thread relating to this claim it will be closed!

 

1. The amount of your claim £****, will be credited to the joint account

2. You must maintain your joint account within your current limit and any new limit agreed with the bank

3. payment will be in full and final settlement

 

I don't understand why you have reservations about accepting this offer? Is it not for the full amount? There's nothing to say it relates to another letter so I don't know why you think it does.

[gillianbbb]

i tried to add on to the last thread but i couldnt find how to do this??

BIG SORRY

 

They have offered me 2802.49, so im willing to settle on this but there letter looks odd??

everything is typed on one page, then on the second page of the letter is the area that we sign, but there is no reference to what we are signing to and there is no link to the front page of the letter!!

so what they could do, is link the second page of this letter to another letter and say we accepted what ever they wanted really, like i said its hard to explain, i can scan the letter in, but not sure how to copy the text from a scan into the forum??

 

 

gill

[barracad]

So what's on the second page? literally just a dotted line for you to sign or does it have those 3 conditions printed on it?

[gillianbbb]

just the signed by................

dated ..................

 

no reference to the conditions that they have advised on the front page!!

[reload]

Hi gillianbbb,

 

You can see a full copy of the settlement letter I received in my reload vs Lloyds thread (link in signature). Off the top of my head, the last page had a paragraph or so of text, along with the dotted lines for me to sign/date.

 

As you can see in mjanet's thread, there cannot lawfully impose confidentiality on you. So feel free to type up a copy of your settlement offer - if we can see the full text it might actually help us see what you're getting at a bit better.

[gillianbbb]

thanks for all your help, i have managed to deal with them this morning regarding the letter and they are eager to settle this out of court.

they have emailed through a letter which is pasted below --

 

Without Prejudice

Confidential and Privileged

 

Dear Sir and Madam

 

Thank you for your email of 29 June 2006.

 

The Bank is willing to make an updated offer of settlement on the following basis:

 

1. The amount of your claim, £2,802.49, will be credited to your joint account.

 

2. You must maintain your joint account within your current limit, and any new limit agreed with the Bank.

 

3. Payment will be in full and final settlement of this claim.

 

If you are willing to settle on this basis, you must both sign a copy of this letter (where indicated on page 2) as confirmation that you are both bound by its terms and return it to us. As soon as you do so, the Bank will arrange for the amount of your claim to be credited to your joint account.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

 

Martineau Johnson

 

 

 

 

We confirm that the above terms (set out on page 1 of this letter) are agreed.

 

 

Signed by *** *** ……………………………………..

 

Dated …….……………………………….

 

 

 

 

Signed by *** *** ……………………………………..

 

Dated …….……………………………….

 

 

As far as i am concerned it is a victory in my rights, i will celabrate when the money hits the account, but letter to the court will be with held until i receive the money

 

 

thanks

[barracad]

Congratulations!!

 

Please complete our bank charges survey.

 

And when your money arrives, a donation would be greatly appreciated

[reload]

Thanks Gillian - this is VERY interesting, it appears they've not asked you to sign any confidentiality agreement at all??!

 

CHANGE IN PROCEEDURE ALERT!!!

[closey]

This is excellent news. Well done

[gillianbbb]

i will do the survey and no probs on the donation when the money hits the account.

Hope everyone else gets there results through as quick, emailing direct has helped speed the service up, plus the looming court date that i wont cancel until i have the funds, will post when the cash hits, but off on holiday happy, just hope it HITS the account whilst im away, that will make me real HAPPY!!

 

Thanks for the help

 

gill