megga charges ****WON****

[suzanne186]

I submited my AQ on 28/06/07 and attached to it t a templet letter i found on this site stating the claimant shall within 14 days of service of this order send to the defendant and the court blah blah... i have put together the basic court bundle and added my own documents. do i just tske these to the court or do i wait for direction from thr judge? the templet letter i have sent states if i fail to comply with the order, the claim will be struck out without further order. i'm out of my depth and panicking....

[BARTY]

Hi

You have nothing to panic about. Just wait to hear from the Courts now.

Barty:)

[suzanne186]

the letter i sent with my AQ states

The claimant will within 14 days of service of this order send to the defendant and to the court

*A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given for that charge being made

*copies of any statements or other documents relied upon as showing that each and every charge has been made;

*a statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

*copies of decided cases and other legal materials relied upon

If the claimant fails to comply with this order, the claim will be struck out without further notice.

does this mean i send my court bundle within 14 days to the court and to [problem]. if so who do i address the court copy to???

[BARTY]

Hi

Only send the documents if the Judge asks you to, so just wait to hear from the Court.

Barty:)

[suzanne186]

Thank you Barty for your support.

today i have recieved a letter from SC&M stating they intend to defend the claim on the following grounds

 

1. the fees that you seek are properly incorporated into your contract with the bank ; and

 

2. by making payments(whether by cheque, debit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft, which the bank may meet or decline. if it meets your request, you must pay the necessary charges. the issue of penalties only arises as a matter of law, where there has been a breach of conjtract, and there is no breach of contract here.

 

Looking ahead, a situation which gives rise to a dispute is not one the bank wishes to continue. in view of this, you are requested, please, to make contact within 14 days with your local Lloyds TSB branch manager, on 0845 3 000 000, to review your account. a review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

 

we await conformation from the bank that this action has taken place.

 

is this a standard letter or am i in trouble!!!!

[suzanne186]

can anyone offer any support !!!! am i the only one to get a letter like this. i have read lots of threadsand cannot find anyone who has recieved this letter from SC&M

[nicsussex]

Perfectly standard letter they have been sending out quite a lot of these recently - settlement is just around the corner. More than likely your local manager will have no idea what the whole thing is about.

[suzanne186]

Thanks nicsussex further developments.... i rang at 15:00 today to make an app at my branch as requested in the letter from SC&M and was given an app for 14:30 on monday. at 18:30 'steve' who i've got the app with on mon rang and asked could i make it tomorrow instead, i told him i'm working and mon is the earliest i can make it - he then asked me to take all my documents along with me. he wants me to take my court bundle. i am dubious of taking it, is it ok to refuse. i don't want them to inform the court that i am being un-cooperative

[nicsussex]

You have been asked to go along to 'review your account' not to discuss the legal basis of their penalty charging regime with one of their 'sharp suited salesmen'! By all means attend and discuss your account - but they have had plenty of chances to enter into a dialogue on your charges and they have failed to do so - perhaps you should ask them to provide you with a full breakdown of their costs in relation to their charges at this meeting?

[GaryH]

You have been asked to go along to 'review your account' not to discuss the legal basis of their penalty charging regime with one of their 'sharp suited salesmen'! By all means attend and discuss your account - but they have had plenty of chances to enter into a dialogue on your charges and they have failed to do so - perhaps you should ask them to provide you with a full breakdown of their costs in relation to their charges at this meeting?

Absolutely.

 

All communication during the litigation process should be in writing only, and copied to the court. Personally, I would advise you not to go - write back (via fax) to [problem] telling them that you will happily attend a review once the claim is settled or otherwise concluded, but not before.

[evoix]

interesting thread, I am subscribing, so that I can follow, good luck on Monday, can't wait to find out the outcome:)

[4656craig]

I got this very same letter from SC&M solicitors today, Ill call them to see what the meeting is all about but only to discuss my account, I might ask the manager to obtain some original T's and C's as well. Ill let you all know how it goes

[evoix]

hi guys just to let you know, TSB acknowledged claim 30.6.7, will defend etc. Today received 2 letters 1st stating charges fair and will defend, 2nd stating charges fair but will offer full and final settlement (full amount + int)- just sign and send back (oh and arrange a meeting with manager - which I did try but have 1 with customer service rep on Monday. Sent form back special delivery tonight - should get there Monday. Will let u know when money is in account - will be thinking of you on Monday.

[suzanne186]

oh i'm so giddy..... i have recieved a letter from SC&M this morning stating

 

Accordingly, the bank is, without prejudice to the position set out above, willing to pay you the £9222.80 you are claiming by the bank charges and interest of £106.11 plus the court fees of £400 in full and final settlement of your claim. this will be paid on the following basis:-

 

1. the above amounts (8978.91 in total) will be credited to your account ******** by this bank. this payment takes into account the sum of £750 already paid to you by our client on 11/06/2007

 

2.The payment will be in full and final settlement.

 

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

 

4. You agree to maintain your accounts with Lloyds TSB 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 overdraft with the bank before you try to make payments that would take you over any previously agreed limits. If you do not do so, you will again incur fees.

 

6. You make contact with your local Lloyds TSB branch manager to arrange a review of your account. The bank wishes to avoid further situations which gives rise to disputes. a review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

 

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

 

please let us know whether you are prepared to settle this matter on these terms. if so, the bank will arrange to credit the above amount to your ********account.

 

if you are willing to settle on this basis, please sign a copy of this letter as conformation that you are bound by it's terms, and return it to us as soon as possible

 

we look forward to hearing from you at earliest convenience but not later than monday, 16th july 2007

 

yours faithfully

SC&M

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I WON :) :) :)

 

as soon as the money is in my account i will make a donation to this site, i could not have done it without you all. thanks

[BARTY]

Congratulations!! :-D

Have a very good weekend!

Barty:)

[Kazzie]

Congratulations and well done :D

Have just seen a letter on post 41 of this thread that you may find useful!

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/75127-jennifer1268-lloyds-3.html

[4656craig]

Me to Guys, got the second letter the very next day... £848.50 not as much as Suzanne but still as sweet!!!! Im thinking of checking out my second account that I have with Lloyds, If i sign this letter i will still be able to claim on my other account wont I? Congratulation to all, donation will arrive once I receive the cash!

[suzanne186]

I am worried about sending the acceptance without clauses letter incase they withdraw the offer, i have come so far with so much stress the carrot has been dangled and i want to grab it#!!?? will they still pay out if i don't agree to their terms

[nicsussex]

Of course they will - it is not up to them to impose conditions on you - well done on your win by the way!

[GaryH]

They have no right to try to impose terms on your settlement - its your money and you are doing them a favour by dropping your action.

 

Not accepting the terms will not affect the settlement.

[GaryH]

Crossed posts:)

[nicsussex]

and any way you have already broken the confidentiality clause!