blueberrys dad v. LLoyds TSB

[blueberrys]

Thought it was about time I started my own thread here for this, so to bring you all up to date....

 

Began claim for Dad against LLoyds back in January after receiving copy smts in a much-delayed reponse to SAR (no surprises there!!)

 

After 2 letters and MCOL Dad credited with 750 quid (told them case not settled and pursuing full refund!) and case transferred to Portsmouth County Court. AQ and new-style draft order submitted last week.

 

Have started to prepare court bundle as advised but just wanted to check whether I can submit it if need be, as Dad is on holiday in couple of weeks' time? The dates he is away were put on AQ.

 

Thanks

[blueberrys]

Hi. It appears that Dad is getting closer to receiving his money back from Lloyd's, however, he has just received two letters from SCM: one 'open', stating that Bank intends to defend claim and suggesting he contacts his account manager at the bank to review his account; the other is sent on same date, refers to the former, and is marked Strictly Without Prejudice and Confidential and Privileged.

 

This letter offers to repay charges claimed with statutory interest (although not at daily rate but amount claimed in schedule sent months ago when went to MCOL!!) plus one lot of court fees (Dad's case transferred to local court by Northampton judge so he has incurred another fee as well). However, it places upon this a number of conditions which Dad is asked to sign to say he agrees with, as follows:

 

1. The amounts will be credited to your account number XXXXXXXX by the Bank.

 

2. The payment will be in full and final settlement of your claim.

 

3. The terms of this agreement are confidential to the parties and their legal representatives.

 

4. You agree to maintain your account with the Bank within your agreed limits and in accordance with the terms that govern the account.

 

5. You can avoid these fees in future if you agree an increase in your overdaft with the Bank before you try and make payments that would take you over any previously agreed limits. If you do not do so, you will again incur these fees.

 

6. You make contact with your local Lloyds TSB Branch Manager on 0345 3000 000 to arrange a review of your account. The Bank wishes to avoid further situations which give rise to disputes. A review may be useful to consider whether your current account arrangements are the most appropriate for your needs.

 

7. You must notify the court immediately once payment has been made and provide a copy of your letter to the court for our records.

 

Please let us know if you are prepared to settle on these terms. If so, the Bank will arrange to credit the amount to your account xxxxxxxx.

 

If you are willing to settle on this basis, please sign a copy of this letter as confirmation that you are bound by its terms, and return it at your ealiest convenience but no later than 8 May 2007.

 

Yours faithfully

 

****!

 

 

Seems to me that they are trying it on here, forcing Dad to admit he breached their 'fair' conditions and agreeing to play by their rules in the future! I assume signing this would preclude him claiming any future charges etc because he will have signed a written undertaking.

 

In view of this, and the fact that only one lot of court fees is being repaid here, how do you suggest we proceed, please? Has anyone else received such a letter?

 

Thanks in advance for your help.

[curlychic]

Thats the standard settlement letter that SC&M send out. I recieved one last Friday.

I have crossed out the confidentiality clause and signed it. There doesnt appear to be anything too sinister about it.

I also sent a lovely (yeah right) letter back to them. Check out my thread if you are interested.

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/52677-talling-lloyds-tsb.html

 

Hope this helps. If so please click on the scales

XxXxX

[blueberrys]

Thanks for the advice curkychick. Only one thing still bothering me - they have not included the second court fee in their figures so I guess I will have to include such detail in the letter you suggest rather than get Dad to sign an amended settlement form - don't suppose I can amend the amount on that! Anyone out there agree/disagree?

 

Thanks in advance

[blueberrys]

Hi. I am concerned that it would not be acceptable to amend the amount claimed on the settlement offer sent by SCM. Should I send my own list of terms, duly signed, and , if so, would the following letter (credit to curlychick for original! )be OK to accompany it?

 

 

 

 

I am hereby returning a copy of your settlement offer dated 24th April 2007, the contents of which I have noted, in particular your defence that my claim for repayment of ‘fees’, not ‘penalty charges’ as I have submitted to the Court, is misconceived. Since to date no Court in the land has been given the opportunity to decide, in the eyes of the law, whether misconception is indeed the case, the legal basis for my claim was, therefore, sound.

 

In relation to the terms you have attempted to impose on the settlement, if you are confident in the legitimacy of your defence, I see neither a legal necessity for a confidentiality clause, nor any reason to request one. I am completely unwilling to relinquish my right to free speech and consider your client’s attempt to enforce such a term extremely arrogant. I therefore, absolutely and completely refuse to comply with any such confidentiality agreement and as such have removed this from my attached list of terms prior to signing.

I would like to take this opportunity to remind you that I am bringing action against your client, not vice versa. It is your client that has decided to settle this matter out of court and as such they have absolutely no right to impose conditions upon the offer of settlement.

Furthermore, I note that the settlement figure quoted in your offer fails to take into account the extra ₤100 court fee incurred by me when the case was transferred to the Portsmouth County Court; an additional cost which could have been avoided had your client agreed to settle this dispute before the commencement of legal action.

In view of this fact, I have enclosed an amended list of terms on which I am prepared to settle this claim, with the additional amount added to the total claimed, and signed by both parties to the account.

I note that you have allowed me a period of 14 days in which to accept your client’s offer of settlement. I see this, in the eyes of the law, as a reasonable timescale in which to respond to such an offer.

 

I reciprocate this and therefore request that the amount of £***.** quoted in my settlement statement, be paid into my account ******* within 14 days. If your client fails to comply within this timescale then I shall have no option but to continue with the Court action, which, as you have pointed out, may ‘increase costs beyond the amount at issue’.

Please be advised that I will only notify the Court to cease any further legal action, once cleared payment of the full amount claimed above has been received into my account.

 

I look forward to receiving the above amount at your earliest convenience, but no later than XX May 2007.

Thanks for your help!!

[curlychic]

Just read your letter

(Oh and i really cant take all the credit for the one i wrote...lol... as it was a jiggle of a letter another CAG'er had written)

The letter does sound good, but can i just ask .... you are not planning on signing and sending back the offer letter with it are you ?

The way i look at it, because the settlement figure is missing the extra court cost of £100, in effect you are declining their offer of settlement.

Therefore, you shouldnt return the signed form as this will confuse things.

XxXxX

[blueberrys]

Was planning to send back a copy unsigned so they can match up paperwork etc, but enclose own settlement terms signed by both parties to the account.

[curlychic]

Phewwww .... thats ok then .... lol ..... but you might want to amend the following:-

 

Hi. I am concerned that it would not be acceptable to amend the amount claimed on the settlement offer sent by SCM. Should I send my own list of terms, duly signed, and , if so, would the following letter (credit to curlychick for original! )be OK to accompany it?

 

 

 

 

I am hereby returning an unsigned copy of your settlement offer dated 24th April 2007, the contents of which I have noted, in particular your defence that my claim for repayment of ‘fees’, not ‘penalty charges’ as I have submitted to the Court, is misconceived. Since to date no Court in the land has been given the opportunity to decide, in the eyes of the law, whether misconception is indeed the case, the legal basis for my claim was, therefore, sound.

 

In relation to the terms you have attempted to impose on the settlement, if you are confident in the legitimacy of your defence, I see neither a legal necessity for a confidentiality clause, nor any reason to request one. I am completely unwilling to relinquish my right to free speech and consider your client’s attempt to enforce such a term extremely arrogant. I therefore, absolutely and completely refuse to comply with any such confidentiality agreement and as such have removed this from my attached list of terms (prior to signing) you won't be signing

 

I would like to take this opportunity to remind you that I am bringing action against your client, not vice versa. It is your client that has decided to settle this matter out of court and as such they have absolutely no right to impose conditions upon the offer of settlement.

 

Furthermore, I note that the settlement figure quoted in your offer fails to take into account the extra ₤100 court fee incurred by me when the case was transferred to the Portsmouth County Court; an additional cost which could have been avoided had your client agreed to settle this dispute before the commencement of legal action.

 

In view of this fact, I have enclosed an amended list of terms on which I am prepared to settle this claim, with the additional amount added to the total claimed, and signed by both parties to the account.

 

I note that you have allowed me a period of 14 days in which to accept your client’s offer of settlement. I see this, in the eyes of the law, as a reasonable timescale in which to respond to such an offer.

 

I reciprocate this and therefore request that the amount of £***.** quoted in my settlement statement, be paid into my account ******* within 14 days. If your client fails to comply within this timescale then I shall have no option but to continue with the Court action, which, as you have pointed out, may ‘increase costs beyond the amount at issue’.

 

Please be advised that I will only notify the Court to cease any further legal action, once cleared payment of the full amount claimed above has been received into my account.

 

I look forward to receiving the above amount at your earliest convenience, but no later than XX May 2007.

 

 

Thanks for your help!!

 

 

Would you agree ?

XxXxX

[blueberrys]

Thanks for the advice curlychick , had put the bit about signed as in reference to the list of terms I was intending to add with the letter, not the ones sent by SCM. However, think Dad is keen to settle whether or not the other 100 quid is included so may be academic!!

 

Cheers anyway!!

[blueberrys]

Hi all. Just wanted to pass on the good news!

 

Dad came back from holiday today to find that Lloyds have credited his account with all monies owed!!

 

HE WON!!!!!!:grin:

 

Thanks so much to everyone for your support and advice. Donation on way!!

 

PS - Note to MODS:

 

Could you please move thread to CASES WON!

[BARTY]

Congratulations!! :D

Barty:)

[blueberrys]

Thanks Barty!!

 

Dad is pretty chuffed too!!!