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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Swisstoni vs Lloyds *** WON! ***


swisstoni
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Hi All

below is a transcript of a letter I have written using the templates on the website and have added/removed a few words as none of the template letters fitted what I needed to say, is this ok??

 

21st June 2007

 

Lloyds TSB Bank Plc

Customer Service Recovery Centre

Charlton Place

Andover

Hampshire

SP10 1RE

Re: Account number : xxxxxxxx

 

Response to settlement offer.

 

Dear Sir or Madam

 

Thank you for your letter dated 19th June 2007.

I respectfully decline your offer of £750 as Full and Final settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx.xx

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

If you do not accept my conditions, or you do not respond within 7 days, then I will begin a claim through court action as stated above and in my previous Letter Before Action dated 26th May 2007.

I wish to stress once again, that I do not accept your offer and the money transferred to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly.

I trust this clarifies my position

 

Yours faithfully

SwissT

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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  • 4 weeks later...

Hi All,

 

Just compiling everything for my case and just a question on the N1 form-Do I fill in the defendents name and address at the bottom of the first page along with the amount claimed or is this for the courts to fill in?

Any help appreciated.

 

Thanks

 

SwissT

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Thanks,

 

As they have already paid me £750, should I knock this off or just proceed as is and let them knock it off at the end hopefully forgetting they've paid me it:wink: :wink: :wink: ? I know they won't but you never know unless you try!!

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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You should deduct it, show your calculations on your spreadsheet though so that it does not get deducted again.

 

Deduct it from the most recent charges as this has the least impact on your interest accrued.

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Thanks Guido,

 

Have done that and now off to the courts tomorrow!!

One final question, the claim is in my partners name, Can I start the claim at court tomorrow without her or does she need to attend with me?

 

Thanks Again

 

SwissT

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Thanks Guido,

 

Have done that and now off to the courts tomorrow!!

One final question, the claim is in my partners name, Can I start the claim at court tomorrow without her or does she need to attend with me?

 

Thanks Again

 

SwissT

 

The court will want to see some proof that you are not just starting claims for others. If you are paying by cheque as long as it is drawn in your partners name then that should suffice.

 

If paying in cash she will need to be present.

 

Or in the alternative a signed letter from her explaining why you are doing it usually suffices. I had a whole pile of difficulties with this for a friend that works out of the country.

 

I presume you are aware that there is no requirement to actually go in person to the court, you can post it (but not cash of course).

If I have been helpful please click on my star and add a comment.

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The court will want to see some proof that you are not just starting claims for others. If you are paying by cheque as long as it is drawn in your partners name then that should suffice.

 

If paying in cash she will need to be present.

 

Or in the alternative a signed letter from her explaining why you are doing it usually suffices. I had a whole pile of difficulties with this for a friend that works out of the country.

 

I presume you are aware that there is no requirement to actually go in person to the court, you can post it (but not cash of course).

 

OOOppps! Sorry about the wrong advice - you live and learn!

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Hi All,

 

Just returned from the bank NOT having read the above threads until now however the court clerk was ever so nice and said it wasn't a problem with me starting the claim on behalf of my partner.

 

Well that's it, the claim is in and i'll keep people posted as to what happens. By the way what should happen next??

 

SwissT

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Hi

Lloyds have 14 days from the date the claim was served (it is served 5 days after you filed it) to acknowledge the claim, and 28 days from the date it was served to enter a defence. You will then receive a copy of their defence and you may receive an Allocation Questionnaire to fill in. These links will help you to fill it in if you get one:

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

If you don't receive an AQ, read these links:

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html?highlight=dispensed+AQ

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/78873-new-after-28-days.html#post695176

 

Barty:)

 

 

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Thanks BARTY,

 

You're a true sweetie.

 

SwissT

 

xx

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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  • 2 weeks later...

Morning All,

 

Just come in from a night shift to find 2 letters from S,C and M, the first saying Lloyds will be defending the claim, the second stating WITHOUT PREJUDICE, they will settle my claim and refund of court fees forthwith but only including a samll amount of interest pending several conditions (account review, keep a/c in good order etc. etc). The difference between our original claim and this offer is approx £400. As our financial situation at the moment is not good, I think it would be wise for us to accept this offer as rejection could lead to a who knows how long delay.

 

THE LETTER EVEN STATES THE OFT's TEST CASE

 

If any of the mod's want to pm me with their e-mail address, i'll gladlly send them a copy of the letter for their perusal

 

SwissT

 

ps please could a mod change the thread title to won.:) :) :) Thanks

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Excellent news!! well done!:D

 

Yes, I'd like to see the letter please. I'll PM you my e-mail address.

 

Title changed as requested.;)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Excellent news!! well done!:D

 

Yes, I'd like to see the letter please. I'll PM you my e-mail address.

 

Title changed as requested.;)

 

 

Thanks Gary, as soon as i get your address, i'll e-mail you a copy

 

SwissT

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Swisstoni, that is great and hopeful news to many of us, especially as it mentions the test case. :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Congrats Swisstoni!!!

I'd have to agree with you, if the bank offered to settle now less £400 I'd take it as the test case could take years!

Enjoy your money mate

:)

SAR sent 07/03/07

Statements rec'd 14/04/07 (ish)

Prelim Sent 03/07/07

Prelim rejection rec'd 10/07/07

LBA sent 12/07/07

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Congratulations swisstoni, I was able to shut up a few "helpline" call centre people and other Lloyds staff this morning by saying I KNEW there were cases still being settled AFTER OFT... the stunned silences were like silver! :)

 

A supervisor who'd started trotting out the line "all cases are suspended" even told me "Well this is what we're told to say" - what a farce.

 

SC&M did tell me today they may settle on cases where they already have made offers but it sounded a bit like even she was backpedalling at this stage as she had tried to trot out the party line. I think this was the case in your claim, but I'm not at that stage yet (it feels like I never will be now!!)

 

Your story has given me the will to give it another push today! Well done.

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Morning All,

 

Just come in from a night shift to find 2 letters from S,C and M, the first saying Lloyds will be defending the claim, the second stating WITHOUT PREJUDICE, they will settle my claim and refund of court fees forthwith but only including a samll amount of interest pending several conditions (account review, keep a/c in good order etc. etc). The difference between our original claim and this offer is approx £400. As our financial situation at the moment is not good, I think it would be wise for us to accept this offer as rejection could lead to a who knows how long delay.

 

THE LETTER EVEN STATES THE OFT's TEST CASE

 

If any of the mod's want to pm me with their e-mail address, i'll gladlly send them a copy of the letter for their perusal

 

SwissT

 

ps please could a mod change the thread title to won.:) :) :) Thanks

 

im really pleased for you well done! I was wondering if you would be able to help me, i am at the last stages of my claim and have the court date on 14th SUgust and i still havent sent my bundle off as im still not sure about it and getting very confused. Please can you help?

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