reading rebel v Lloyds

[GaryH]

Thanks again Gary H (does the 'H' stand for helpful by any chance )

 

RR

 

No but thanks, both of you, it actually stands for my surname, which unfortunately I am not at liberty to disclose - a) you might take the %*$!, and b), never can be too careful y'know, what with 'big brother' watching an all that!

 

(oh alright - its just a) really!)

 

On with my mission then.

Yep, onwards and upwards!

[katesage]

No but thanks, both of you, it actually stands for my surname, which unfortunately I am not at liberty to disclose - a) you might take the %*$!, and b), never can be too careful y'know, what with 'big brother' watching an all that!

 

 

 

(oh alright - its just a) really!)

yep thought so....but i'll not read it as fishy that you wont tell us:D

 

Yep, onwards and upwards!

 

Agreed!

[GaryH]

Damn!! I really must change that e-mail address! PMSL:D

 

Someone who shall remain nameless kindly suggested some pictures to use as my avatar - Free Herring Pictures

[katesage]

I know nothing (said in heavy spanish accent! ......think penelope cruz, cos she's just like me:rolleyes: )

 

that link dont work or was that meant to be a red herring........

 

:D

[GaryH]

I think I've just lost the will to live........

 

[reading rebel]

Hi Mr Helpful

 

Well can't say I'm surprised and know I'm not the first but bugger me, when I checked my account today there was £750 gesture of goodwill sitting in my account - no warning/agreement, no nothing!

 

Should I be writing to the bank saying I haven't accepted this and please remove it, unless you wish to pay the remainder to re-imburse my claim in full?

 

I have to say I part of me thinks, just take that and run, but then the other part of me says 'sod that, I want the lot' - my full claim including interest and court costs is roughly £1200, so still £450 short!

 

I need this money to visit my mum and dad who live abroad and planned to go in August - but not sure on timescales for when I will be allocated a court date. Lloyds have until 30th May to file their defence.

 

I know it's ultimately my decision but a little advice would be much appreciated

 

RR

[BARTY]

Hi

Send a letter from here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

Then carry on with your claim.

Barty:)

[reading rebel]

Thanks Barty

 

However, as I haven't received any letter and the payment states Gesture of Goodwill on my account. Should I word my letter using the following content:-

 

Thank you for your 'gesture of goodwill' payment into my account on..... however

I wish to stress that I do not accept your offer as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly unless you are willing to make the payment a part-settlement.

Also if I asked them to pay the remaining amount - am I at liberty still to ask them for the full amount (ie. interest and court costs) as the claim is now under way.

Also, a direct debit went out of my account which ate into a little of this payment, does this matter? Or do I just need to ensure when I send them a letter I have sufficient funds in my account for them to re-cover the £750 payment. I am hoping that because a little of this money has been used that it doesn't count as an acceptance in any way!

Thanks

RR

[reading rebel]

Have received notification today of court date on 24th July 2007, AQ was dispensed with. I have to submit schedule of charges again (originally sent after MCOL submitted) within 21 days. I assume I need to update interest charges to date, please can someone clarify?

I have read so much on this site trying to get it right as I appreciate a lot of people are posting threads asking simple questions indicating not a lot of time has been spent researching in the first instance, but as time is of the essence I need a little help please!!!

 

As the court is only asking me to submit my schedule, does that mean that I just need to get my court bundle prepared for the court date, ie. do not need to send that in before the court date - just go prepared (assuming I end up having to attend the hearing if no payout)?

 

Final question for now is about the T&C's - my account with Lloyds is years old so don't have original T&C's and it seems that Lloyds are not forthcoming with sending copies of the original ones, although I have requested their current draft concerning charges. I can see that this has been mentioned many times, but cannot find where I can download old T&C's and this is clearly imperitive for cases right now.

 

Any guidance would be gratefully received - so want to get this right (even though the legal jargon is baffling me at times!!)

 

Many thanks in advance for all help/replies!!!!!!

 

RR

[nicolefrenzy]

bumping your thread up

[reading rebel]

bumping your thread up

 

 

Hi nicolefrenzy, not sure what you mean?

 

Ok well no replies to my questions in my last post as yet, but I have now found an archive site for T&C's having read some more, however even more confused now as some people are saying get T&C's relating to when you are claiming back from. ie. 6 years ago or do I need origianl T&C's from when I opened the account? All I have at the moment is a current leaflet the bank have sent me, where they have obviously re-worded.

 

I have a little time but would be very grateful for some clarification.

Thanks again

 

Reading Rebel:confused:

[GaryH]

Hi RR,

 

Can you post up the exact wording of the order please?

[reading rebel]

Hi RR,

 

Can you post up the exact wording of the order please?

 

 

Blimey Gary you're on the ball and everywhere on this site!

 

DISTRICT JUDGE JOHNSON has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track.

 

1. Claimant do within 21 days of the date of this Order, serve a schedeul setting out the amount of individual charges, the dates they were applied to the account and the reasons given for such charges.

 

then goes on to say time and date of hearing, saying should take no longer than 10 minutes.

 

Also states that in order to utilise judicial time more effectively this matter has been listed with a number of similar cases.

 

I sent a schedule of charges to MCOL Northampton, following my MCOL claim, so kind of assumed that info would have been forwarded to Liverpool County Court when they transferred?

 

Loads of thanks as always.

 

RR

[reading rebel]

Sorry to be a pain, but I am also a little unsure about amending my schedule taking into account the £750 goodwill (my *ss) payment. From what I have read, I think I need to deduct £750 worth of the most current charges, so not as much impact on the interest being claimed. Please confirm.

 

Ta

[Michael Browne]

List all the charges and then enter the £750 as a - (minus) figure on the date it was credited

[GaryH]

Blimey Gary you're on the ball and everywhere on this site!

 

DISTRICT JUDGE JOHNSON has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track.

 

1. Claimant do within 21 days of the date of this Order, serve a schedeul setting out the amount of individual charges, the dates they were applied to the account and the reasons given for such charges.

 

then goes on to say time and date of hearing, saying should take no longer than 10 minutes.

 

Also states that in order to utilise judicial time more effectively this matter has been listed with a number of similar cases.

 

I sent a schedule of charges to MCOL Northampton, following my MCOL claim, so kind of assumed that info would have been forwarded to Liverpool County Court when they transferred?

 

Loads of thanks as always.

 

RR

No directions then. Its getting more common actually. I guess the courts are getting pretty sick of 300 page bundles turning up for hundreds of claims that are never contested anyway! Fair enough I suppose.

 

Although you don't have to submit it in advance you still need to produce one. See these threads -

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523 (see SCT standard directions)

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

[reading rebel]

List all the charges and then enter the £750 as a - (minus) figure on the date it was credited

 

 

Thanks Michael

 

One last thing for now regards getting my bundle together. With regards to the T&C's, I only have a current leaflet from them (obviously now re-worded) and after much reading, still unsure whether I need a copy from the date I opened my account , or from 6 years ago (the time I'm claiming charges back from).

 

I have seen an archive dowload for them on this site also, although not attempted to download any yet.

 

Many thanks

 

RR

[reading rebel]

Thanks Michael

 

One last thing for now regards getting my bundle together. With regards to the T&C's, I only have a current leaflet from them (obviously now re-worded) and after much reading, still unsure whether I need a copy from the date I opened my account , or from 6 years ago (the time I'm claiming charges back from).

 

I have seen an archive dowload for them on this site also, although not attempted to download any yet.

 

Many thanks

 

RR

 

I have re-done my schedule showing the £750 goodwill payment and am ready to send to court before deadline (this is all they asked for in order, see previous post to gary) not sure if I can claim interest on court costs, so haven't as yet?

 

Have also tried to get copy of T&C's from archive website, but to no avail!! Could someone please answer my question re this, what years T&C's I need and also what to do as website saying nothing archived??

 

Court date 24th July!!!!

 

Thanks

 

RR