Advice Needed PLEASE

[emma46]

HI,Just received a letter off lloyds offering me £750.00 but i want to clain my £1900, cheeky sods have paid it in to my account which was in arrears of £236 which was all bank charges.

I have employed a solicitor to get me my money back, i rang the collectionds department to tell them i was not paying as my account is in dispute but he told me the £750.00 has already gone in and my balance was £538 they have taken the charges out of the offer but i dont want to accept this offer and told collections to put this note on my account .

What do i do?

Will this affect my case?

They have not give me chance to refuse the offer,what happens now?

Will my solicitor cancel my case becuause he thinks i have settled.

I ma really worried all i want is the full amount any advice would be appreiated.

 

ps excuse my spelling i am so upset and angry. oh and my spelling is bad lol

[nicsussex]

If you have instructed a solicitor (why I have no idea!) wouldn't it be best to ask him - that is what you are paying him for!

[emma46]

I dont have the time or energy for the fight its making me depressed ita a no win no fee claim its made everything easier and i have only just got involved with them still waiting to hear from them, i have just sent the documents off. its taken me 3 months just to get this far with lloyds.

[tictac]

Hi Emma46

 

The exact same thing happened to me. They paid £750 into my account before I had chance to say BOO!! I just sent them a letter back saying that I was not accepting that and that if they did not refund the entire amount £1800 within the next 14 days, I would make a claim with the court. I heard nothing more and started down the road of taking them to court via the on-line claims system. I am ignoring the fact they paid me £750. It is their fault they have not taken it back after I had declined their gesture. I am assuming, WHEN I win, they will deduct the 750 from the final amount although I have heard of people getting their full amount and the bank 'forgetting' they have already paid them part!!!!

 

If you have declined their offer, then just carry on now with the original amount, although your solicitor may say otherwise!

 

Hope this is of help!!!

[nicsussex]

My reccomendation would be to not get involved with these 'ambulance chasers'! What is the fee that they are charging you? Somewhere in the region of 15% plus VAt i should imagine. On a claim of £1900 this ammounts to almost £335 before you even get into the realms of S69 interest.

 

You would be weel advised to have agood read around here and deal with this yourself it is very straightforward if you follow the tried and trusted methods.

[John72]

Hi

 

I'd endorse all nic says, but i'd also advise you to write to LTSB saying thank you for the £750 gesture of goodwill which you are accepting as just that - their gesture towards recreating a good customer relationship only, and not as part payment of your claim to a refund of the charges.

 

J

[andmf]

I would write back 'without prejudice' advising them that you will accept the £750 as part payment but you will continue through the courts to claim back the full amount - hope this helps - its taken me 2 months to get to litigation stage - they are not going to win!!!

[nicsussex]

I would write back 'without prejudice'

 

Why would you mark the letter without prejudice? This would mean that it could not be admitted in court - do you have anything to hide? You should be seen to be trying to reach a settlement and creating a dialogue - marking a letter as such would serve no purpose.

[andmf]

I would write without prejudice so they couldnt use any comments I made about their rediculous offer in court

[nicsussex]

Why would you make comments about 'their ridiculous offer' - the important thing is if this to come in front of a judge that you can prove that you have done everything possible to create a dialogue - I would strongly reccomend that you do not use it.

[andmf]

OK fair one but I would still send the letter stating accept as part payment and will continue with legal action