poorkaren v LloydsTsb

[poorkaren]

Hi

I just wanted to check (and seek some reassurance) that the reply from Birmingham after a preliminary approach for repayment that everyone is getting is the same as mine. I was surprised to recieve a two page letter that went on about me being aware of charges as they are available for all and that they are entitled to charge for additional work and that I have a responsibility to manage my account within their terms and conditions... they may withdraw cheque books etc and they will support referral to the Ombudsman...?

 

Is this standard and is doing nothing til the 14 days are up best?

Also, if they are suggesting me moving my account, can they close it down, i have an overdraft facility at the moment and wondered where i stood with being forced to repay it?

Any support and/or reassurance appreciated

Thanks

Karen:-?

[GaryH]

Hi Karen,

 

Looks like your at the same stage as me! I received that very same letter this morning, so yes, looks like its a standard one. As they have replied, you should probably go ahead and send the LBA straight away. Thats what im doing anyway, it'll be in the post first thing tomorrow morning.

 

As far as your account goes, yes they CAN close it but as i understand it they very rarely do. Keep looking round the site, im sure you'll find all the answers your looking for.

 

Good luck, and let me know how you get on.

 

Gary

[commando]

Hi Karen,

Yes I got the same reply as you so dont worry your not alone. I waited the full I4 days before sending the LBA in today.

Theres mixed feelings on this, you can send LBA in after getting the sod off reply from them but some prefer to wait the 14 days. I read a remark from B/F somewhere " to be as good as your word, no more no less ". So I was did what I said I would in the prelim letter.

Hope this helps and good luck what ever you do.

[homershairdo]

Hi Karen,

 

I also received that letter today - nothing left but to send the LBA!

 

Good luck!!

[mahala]

I would wait until your 14 days are up. The point of that is to show the court (should it get that far) that you have given the bank every opportunity to respond positively to your request.

 

You stated that they had 14 days to respond. They have done, but they still have time to change that response. Now, we know they probably won't, but in court, you will be able to show that you gave the bank a full 28 days (i.e. 14 days after the prelim letter and a further 14 days after the LBA) to respond before issuing action. Both you and the bank have a duty to try and resolve the matter before going to court. Issuing an LBA 4 days after sending the prelim letter might be viewed as being a little hasty, and not giving the bank ample time to "see the error of their ways".

 

My advice would be to wait until your initial 14 days are up.

[Movingon]

I concur.

 

I mean - "what she said" /\

[Bean]

I agree with mahala and StoneLaughter.

 

At each step, work to your own stated timeframe and do not be swayed from it. By responding prior to 14 days you show the bank that their actions influence yours, and they should not - remember that you are in control of your claim.

 

Regards,

Bean

[Movingon]

Quite apart from that, Judges like reasonable. Judges dislike unreasonable.

[reload]

Hi Karen,

 

Yep, pretty much identical down to the letter. I've been writing the full text of the letters I've recieved out in my own thread, if you want to double check it against the one you've recieved

[millsee]

I would wait until your 14 days are up. The point of that is to show the court (should it get that far) that you have given the bank every opportunity to respond positively to your request.

 

You stated that they had 14 days to respond. They have done, but they still have time to change that response. Now, we know they probably won't, but in court, you will be able to show that you gave the bank a full 28 days (i.e. 14 days after the prelim letter and a further 14 days after the LBA) to respond before issuing action. Both you and the bank have a duty to try and resolve the matter before going to court. Issuing an LBA 4 days after sending the prelim letter might be viewed as being a little hasty, and not giving the bank ample time to "see the error of their ways".

 

My advice would be to wait until your initial 14 days are up.

 

But the letter says this:

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect.

 

They respond negatively within the time period. IMHO, you are justified in sending the LBA following their reply, since they could still be reflecting AFTER the LBA has been sent.

 

You are not starting action yet - just entering dialogue. Letters can overlap in that period. In fact, I would go so far as to say you are being courteous by responding promptly

[poorkaren]

thanks everyone. i feel very reassured. I think that i should stick to what was stated in my letter and not be swayed. therfore will wait the for the 14 days are up before sending LBA letter.

will keep you posted.

karen

 

timeline:

prelim letter to lloyds sent 14th may. claim for £1190

first " we are forwarding to someone else" reply on 16th May

second "really sod off" reply on 17th may

lba to be sent on 28:rolleyes:th may

[kazzaw]

Hi Karen

 

I'm a couple of days behind you & can't wait to get onto the next stage with the LBA.

 

But like you I've decided to wait till the 14 days are up.

 

Good Luck!!

 

Karen

[poorkaren]

Hi all

I am filling in my claim form for Lloyds on moneyclaim, but am confused over what to fill in in the interest part. I have copied the section on claiming my right to the 8% interest from the date of the charge, then it continues " and from this date to the date of judgement at a daily interest rate of..." what do i put in here? (I did not leave in the section on claiming interest charges back in my letters as i felt it was too complicated to calculate.) Please help! Hopefully nearly there!

Karen

[barracad]

Total Claim Amount (excluding Court costs etc) x 0.00022 = daily rate

[poorkaren]

thank you

karen

[poorkaren]

its been a long time since i last posted... everything went quiet, i sent the claim off, it was acknowledged and Lloyds said they'd defend.

Today i had through a letter from the court with an allocation questionnaire and the defence from LLoyds, 9 points of defence, signed Alan Ingledew, recoveries Team Leader. Is this what everyone else has found?

My questions about the questionnaire are:

Do i need witnesses?

Do i need an experts report?

An has anyone written anything in the "other information" box?

Appreciate any advice as Im pretty scared to read their defence. Do i need to get anything else together ready other than all the statements and letters etc?

Thanks in advance

Karen:-?

[steve1145]

Mr Ingle fellow was busy, you are the 4th person (me being one) today who have received the AQ and defence from him. Just looking myself and found guidance on the AQ in the Bank Templates Library.

 

Still looking myself for the evidence and cases to mention, but time on our hands for now as I assume your date for reply is 25th Jult too?

 

Good luck be watching and supporting.

[poorkaren]

thanks Steve,

i found the library notes and i have completed the form. Wondering now if it is worth calling the defence solicitors, looking at some other threads, this has speeded up teh refunding, offer them the option of not paying teh court fee?

Is anyone going to do this?

I ahve had no telephone contact with tehbank through this process and am happy to not start now, however, anything that makes this move quicker must be a good thing!!

Karen

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

[Janet-M]

Phoning the solicitors is not recommended by CAG.Following the step by step guide is.

[poorkaren]

This topic was closed on 10 March 2019.

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