Smila v Lloyds

[Smila]

Please Help I have received a copy of the Defence from Martineau Johnson Solicitors who are defending LLoyds TSB, what does this mean, what happens next. and Have Lloyds done this with many other cases

 

Please help very worried

 

Smila (or not so at the moment) case only for £274.00

[andrewfarmer]

I to got my defence today i do not think there is to much to worry about !! just read up on this site and take as much in as you can

and DO NOT WORRY it is our money

[lee6370]

Once you've done that if you're stuck come back and let everyone know the parts you need help with, I'm sure there's someone who'll help.

[Smila]

Hi

 

I handed in my Allocation Questionair to my local County Court on 26.05.2006.

 

It had to be by 06.06.2006.

 

Can anyone let me know what happens next?

 

I belieive the court will now set a date, is this correct? do I need to do anything?

I'm a bit lost now.

[Seminole]

Yes, you essentially have to sit back and wait.

[Smila]

Hi

 

Allocation Questionair handed in a few weeks ago.

 

Today Received a letter from Martineau Johnson basically stating The bank would be defending the proceedings, BLA BLA BLA BLA BLA we are confident that the court would not consider these charges to be unfair.

Looking ahead, a situation which gives rise to a dispute is not one the Bank wishes to continue. I view of this you are requested, within 14 days to make contact with David Stabler at your branch to review your account. We await confirmation from the Bank that this action has been taken.

 

Then Second letter received today "without prejudice" Bla Bla the bank does not accept that there is any merit in your claim. However regrettanly the cost of resolving a disput can easily exceed the amount in issue regardless of who wins. The Bank is there fore willing to settle your claim on the following basis

1. the amount of your cliam £297.00 will be credited to your account.

2 You must cooperate with the bank's request that your account is reviewed.

3 You must maintain your account within your credit limit, and any new limit agreed with the bank.

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

5 These terms and any correspondence entered into in reaching settlement, of which this letter is one, will remain confidebntial between you, us and the Bank

 

 

 

My question is, they have agreed to settle the claim for £297.00, but to date with interest it should be £306.55, Should I make a point! and write to them and ask for the 306.55 or accept 297.00 (it seem greedy) the other point is should I sign the conditions

[nicsussex]

Point1 - No - it is not greedy reclaiming what is rightfully yours.

 

Point 2 - No - not if you don't want to.

[reload]

As Nic says - you don't need to agree to their terms of settlement. What some/a lot of people are doing is crossing out the terms that they do not want to agree to - IE: The confidentiality, and the no-future-claims - although it's interesting to note that they only say "In settlement of this claim".

[hilla]

have a look at Hill V Lloyds TSB. I have been going through the process on behalf of my son Matt. I was encouraged to cross out the confidentiality clause by members of this site and ask for another £30 because they had charged him again since we started the claim

They wrote back straight away and said yes alright. We haven't got the money yet though- they hang it out for as long as they can hoping you will miss a deadline or just give up. I'd be interested to know what happens with you.

[Smila]

Posted a Letter today to solicitors asking for the interest and also informing them that I would charge the 8% each day untill the money went into the account.

I have made an appointment for an account review but have told which is in two weeks time.I have also informed them that I will cancel this if I do not receive the funds before this date. But have also informed them that I do not agree to the other conditions.

 

We wait and see!

[nicsussex]

Have you informed the court? Why is it taking another 2 weeks for the "account review" surely you should not accept their conditions and inform them and the court that you have given them ample time to respond to your claim - why should you wait another 2 weeks?

[hilla]

Posted a Letter today to solicitors asking for the interest and also informing them that I would charge the 8% each day untill the money went into the account.

I have made an appointment for an account review but have told which is in two weeks time.I have also informed them that I will cancel this if I do not receive the funds before this date. But have also informed them that I do not agree to the other conditions.

 

We wait and see!

 

I think they want you to have the account review before they put the money into your account. My son rang his branch yesterday to say that he is away at uni so can't come in to the branch till 10th July which is 1 week after the court hearing and they said just pop into your local branch where you are at uni. He's going to do that tomorrow. I bet they won't know what to do with him when he turns up though. The local banks don't seem to know what is going on. Has anybody else found that to be the case?

[reload]

Reading various threads, quite a few other people have hilla

[hilla]

My son went into Lloyds at Oxford for his review. I suggested that he tells them he is a poor student and that he is trying to keep his head above water but things are difficult on a student loan. Also suggested he say something on the lines of he is at a good university (Oxford) and that one day when he is making a lot of money he could very well invest with Lloyds TSB. The person conducting the review was very sympathetic and offered to increase his overdraft. She also commended him for trying to reduce his overdraft by transferring it to a LLoyds TSB credit card with 0% interest for 9 months. They parted on the best of terms and she said she would let Martinuae Johnson know that he had attended the review so that they could pay the money in ASAP. Is this the end of the story we wonder?

[Smila]

I reached a settlement with lloyds a over a week ago, one of the conditions was that I attend an account review. I did inform LLoyds solicitors that I would attend after I received payment. The first appt was on 03.07.2006 which I had to cancell because of work comittments, I rearranged this to the 10.07.2006 which I could not attend because my son was ill. Because I had not received anything from Lloyds, I contacted the solicitors involved, by email who have said that because I have not attended the account review, They will withhold the settlement until I do. I have signed a contract with them, what can I do

Moderated : threads merged , please keep to your original thread when updating , thanks.

[Janet-M]

What is the exact wording of what you have signed ?

 

Have you informed the courts yet that you have settled ?( don't yet if you haven't )

[Smila]

The wording of the settlement is:

 

The Bank is willing to make an updated offer on the Following basis:

 

1. The Sum of £306.61 will be credited to your account.

 

2. You must cooperate with the Bank's request that your account is reviewed.

 

We are pleaed to note that you have already arranged a review which is to take place at 10.00 am on 3 July 2006.

 

3 You must maintaine your account within your credit limit, and any new limit agreed with the Bank.

 

4. Payment will be in full and Final Settlement of this claim.

 

5. These terms and any correspondance entered into in reaching settlement, of which this letter is one, will remain confidential between you , us and the Bank

 

This is the Banks final offer. If you are prepared to settle the matter on these terms, and you comply with the set out, the Bank will arrange to credit the above amount to your account.

 

If you are willing to settle, pleae sign a copy of this letter as confirmation that you are bound byits terms, including the requirement of confidentiality, and return it to us

[nicsussex]

At the end of the day it is your money that they have taken from you - why should they impose conditions on what is rightfully yours - tell them where to go!

[Janet-M]

The Bank have had the upper hand right the way along until we all started fighting back to get these unlawful bank charges back .Do not let them have the last word again , do not agree to comply to any conditions .Yes sure its the banks final offer like it was in my case .They will not walk into a court room just because you refuse to sign a piece of paper it's your claim so if I was you I would keep in charge of it and remember you are doing them a favour by accepting settlement not the other way around

 

Janet

 

 

see the steps I took to reclaim my bank charges back unconditionally .

[Smila]

I had already signed a settlement offer. But in that offer there was no mention of withholding the payment until I had attended and account review. I have sent an Email to Martineau Johnson informing them of that and also mentioning that I had been in touch with the county court who would be allocating a court date within the next week. I also advised them that I though a judge would look unfavourably at a claim getting to court when it was agreed to be settled two weeks ago.

 

we sit and wait again (more interest) it must, by now have cost LLoyds well over the 306.00 that I am claiming, in solicitors fees.

[Smila]

received a repply from a Tom Everson a solicitor I think at MJ, bacically stating that they are not going to refund untill my branch have confrimed that I have attended an account review, as I had signed to say I would attend within 14 days, Which I did not! The settle ment I signed made no mention to 14 day. Can anyone help? I have replyed to Tom Everson, and made him aware. HELP

[Janet-M]

Just email him back and remind him of the terms you agreed to settle on and if he now wants to change them then you will not accept any altering of the terms and will see them in court .Then expect some half hearted attempt at him trying to force you .Tell him you are prepared to attend an account review but no while this claim is on going .Also they delay in settling so tell him the interest continues until the money is in your account

 

This is one of the reasons we advise people not to accept any terms.

 

Just remember you are doing them a favour by agreeing settlement as its YOUR claim and YOUR terms so don't let them have the upper hand .

 

Look at my thread to see the way tom everson replies and how I have had to correct him on basic law .As soon as they think this is getting near to going into court they back down

 

his email address is tom.everson@martjohn.com for quickness

[Smila]

Thanks MJanet

 

I read your thread a few days ago, I was inspired I think I would have backed down by now if it was not for you.

 

Just To keep you up to date, I received an email from Mr Everson yesterday REMINDING me that as of their letter dated 16.06.2006 I was requested to attend an account review within 14 days, on signing a letter dated 23.06.2006 you agreed to comply with that request.

 

I replied to this email stating the settlement I signed made no reference to Within 14 days

 

His reply was received today marked - Without Prejudice Confidential and privileged

 

As explained in our email of 17 July 2006, you have signed a letter stating that you will comply with the request to attend an account review within fourteen days. We would therefore urge you to fulfil your obligation as soon as possible.

 

Please note that you have been asked to attend a review for your own benefit as it will provide an opportunity to reconsider your banking needs and how they can best be met. We hope that both yourself and the Bank can use the review to agree on a positive way forward for the future. We would stress that the Bank has included the condition requiring a review because it wishes to continue to act as a responsible service provider.

 

We look forward to receiving confirmation that you have attended the necessary account review.

 

I replied informing Mr Everson again that the document I signed made no reference to 14 days. and that I could happily fax him a copy.

These people are driving me mad. I am normaly an easy going person, who would not normally stand up big organisations like this. But I'm spitting feathers. I'm a single mum working 8 am until 7pm every day, 8am until 4pm on a Saturday. If Mr Tom Everson would like to come and do my job for an hour I would gladly attend an account review. But then again he is probably a bit stowed under at the minute!! te he

 

I suppose I will see them in court!!!

[Smila]

Well just to keep you all up to date.

 

I agreed to settle with Lloyds on 30.06.2006. But They are unwilling to pay up until I attend an account review at my branch. I have been working 8-7 Mon-Fri and 8-4 Sat, and will be working these times for the next 6 weeks. I have emailed Mr. Tom Everson on numerous occassions but to no avail they will not pay.

 

I have received a notification from my County Court that my case is to be listed for 13.09.2006 @ 10.30 and will be heard as a telephone Conference.

 

I am a bit worried about this as surely this will make it easier for solisitors.

[paul mcmorran]

Hello there, just wanted a bit of advice i have had a letter back from lloyds saying that they will not re-pay the charges i have threatened to take them to the small claims court can i do that ?? and is there a form i need to fill in

help !!