Moor vs Lloyds (sly tactics)

[plymss]

Just give you a bit of background on my claim,

 

basically my court claim was issued on 2nd April and deemed to be served on the 13th April (total claim is for £2530.80). it is the 25th now and Lloyds had until the 27th to reply to the court.

 

And funnily enough today in the post comes a letter from Lloyds with the std blah,blah,blah, generally we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to repay you £750 in full and final settlement of your claim. we will credit this amount to your account within 10 working days. I cannot have this credited to my account as they will just take it back for payment of my overdraft.

 

Now on further investgation of the letter, it has been dated 12th April (funnily enough its 1 day before they were deemed to be served) but the postmark on the envelope is 24th April.

 

I called my local court and they have not received this letter from Lloyds but they have received an 'acknowledgement of service'. This now gives Lloyds until 11th May to enter a defence.

 

Can anyone please explain to me what to do next.

 

1) do I write back to Lloyds accepting this as a partial payment (I requested on my court claim that any refund is to be paid by cheque). Does anyone have a template for this response, I am struggling to find one here.

 

2) Do I ignore the letter (as it has been dated before they were deemed to be served) and let it go until the 11th May, and then enter my request for judgemeny for the whole amount.

 

To back date a letter by 12 days seems a little naughty to me, I am keeping the letter and envelope just incase this goes all the way.

 

any help would be appreciated guys, especially with a template for a partial offer response.

 

plymss

[plymss]

Update,

 

I found the templates, here is what I am sending back

 

Lloyds TSB Bank Plc

Customer Service

Recovery Centre

Charlton Place

Andover

Hampshire

SP10 1RE 25th April 2007

 

Re: Account number xxxxxxxxx

Your ref: xxxxxxx

 

Response to Settlement Offer

 

Dear xxxxxxxxx,

 

Thank you for your letter dated 12th April 2007 but had a post mark of 24th April 2007 and was received on the 25th April 2007.

 

I respectfully decline your offer of Full and Final Settlement.

 

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on 2nd April 2007. I would ask that you now refer this matter to your legal department for further instruction.

 

I wish to stress that I do not accept your offer as Full and Final Settlement and any monies transferred to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly. Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£2542.99), by cheque, as per the Court Claim, without further conditions and I will inform the court that the claim is settled.

 

 

Please note, the balance of the claim now includes interest pursuant to S.69 County Courts Act 1984 from date of issue at a rate of £00.53 per day (£12.19)

 

I trust this clarifies my position.

[BARTY]

Hi

Good luck with your claim, let us know how you get on.

Barty:)

[plymss]

Update:-

 

Now I starting to worry a bit.

 

I called the court to find out any news today and they tell me that Lloyds have filed a full defence on the 4th. I was also told that the court policy has changed due to the high volume of claims and any claims now that are over £1500 go straight to the district judge for him to make a decision.

 

The thing that is worrying me now is that LLoyds credited my account with £750 assuming that I would accept it as a Full and Final, I refused this as per my letter in my previous post. Within 2 days of them putting it in my account, they took £188 of it to pay charges/account arrears.

 

I transferred what was left to my parachute account to stop them taking anymore.

 

What the hell do I do now, there is only just over £500 left of the money I refused. Will this £750 be deducted from my original claim now that it isn't all there, will it be seen that I have accepted that offer, or my BIGGEST fear is will it harm my claim?

 

anyone else had this?

 

I am hoping that even if I have to fill in the AQ, that Lloyds still wont turn up. But knowing my luck (me being betamax man) I will be the first to get stung in court.

 

heeelpppp, plymss

[BARTY]

Hi

The £750 will be knocked off what you were originally claiming, you have nothing to worry about. You sent them a rejecting letter so you haven't accepted it as full and final settlement.

Barty:)

[plymss]

Tks for the advice Barty, do you know if I will have to put the £750 on my AQ or will Lloyds have already mentioned it on their side of things?

 

I did tell the court that I still have the money and they advised me not to do anything now until I get a letter from the court about the next step.

 

plymss