Help! Ltsb Defending Claim! (scotland)

[stevokenevo]

My fingers are X'd for yooz anyway ;-)

 

 

some of things i say might seem harsh, but it is to help other members who may be reading, we all learn from each others mistakes

[arae1]

Good News at last. Hubby called SC&M this afternoon in a last ditch attempt to settle our claims. They have paid the money into his account this afternoon inc 8% interest! Phew!

Now getting to work on our Wasted Costs Claim (following the step-by-step instructions def )

I know we were lucky with this one, I just want to say thanks to those that helped esp stevokenevo.

[stevokenevo]

No probs, it can be nerve racking, but LTSB are notorious for leaving things till the last moment, but congratulations none the less ;-)

 

S

[arae1]

Hi folks. Received a letter from Lloyds this afternoon (not SC&M) with details of the settlement they paid yesterday. Its quite a funny letter - "the bank intends to defend this claim", "there is no merit in your claim" blah blah blah and then "oh by the way we have put £x into your account today as full and final settlemnt of the claim"

Anyway, they have given us 4 "conditions we have to meet in order to get the money eh, that they have already given us .

 

2 points concern me -

1) "The payment will be in full and final settlement of the claim" Does this mean we wouldn't be able to claim in the future for other bank charges?

2) "The terms of this agreement are confidential...." Well no I dont think so. Im not comfortable with them dictating terms to us when we where the ones bringing action against them!

 

Can anyone confirm the 1st point? Is that what it means? Cos while we have been doing this claim, they have taken lots more charges!! (Prob trying to recoup their costs!)

 

A

[stevokenevo]

Thats what it is supposed to mean, what i did was just fired my next claim straight into the court without hesitation.

 

A while back when more people were making multiple claims, they would send the letter back with the points they didnt like scored out and initial'd.

 

Janet-M took them to task and insisted on the settlement being without condition, dont know if it made any difference to her in the end, just the principle i think.

[Bigmac versus]

Hi Stevokenevo sorry wasnt on yesterday, basically your offer with conditions attached is as follows

If you were to claim again for previous charges before the settlement date they would use this against you. In the future if you accrue further charges simply go through the same procedure as there is no mention of charges in the future or your running of the account in the future, some banks have attached conditions such as this is your settlement in full and we expect you to run your acount in line with our terms and conditions and they try and use this to deny a further claim and if a further claim is made they may close the account you have.

[arae1]

sorry, they did add the condition about "running the bank acc according to T&C's etc" (didnt note before as didnt think they were important)

 

What do you reccomend we do regarding these and our next claim?

 

Note with the letter they sent, there was nothing to sign and send back

 

[arae1]

basically your offer with conditions attached is as follows

If you were to claim again for previous charges before the settlement date they would use this against you.

 

Settlement date? Dont know what you mean Bigmac. Sorry:(

[stevokenevo]

The settlement date is the date they pay your claim.

 

Some banks like the yorkshire and clydesdale banks have been defending second claims on the same account, on the basis that you should have claimed all your charges in a one'r.

 

LTSB have not jumped on this band wagon yet, so, taking into consideration all the things you have been through so far, i would suggest if you have more charges to reclaim, you get the claim in asap.

 

I know you had two claims in at the one time and the first has been settled, when is the second due??

[arae1]

Steve - they settled the second claim at the same time as the first :grin: . Thats what I meant by us being very lucky.

 

The "running your account properly" condition is a grey area as the new lot of charges where accrued before the recent settlement/conditions.

 

You think we should proceed with the claim asap then? (We have already issued a LBA a few weeks ago).

 

Should I just continue to send LLoyds/SC&M my letter revoking their conditions...what can they do? Take their money back...dodgy ground for them if I took it back to court!

[stevokenevo]

Thats great news, they settled bot your claims at once, i didnt realise that!!

 

Yes get your next claim in ASAP.

 

dont worry about any more LBAs or anything, they have had enough time, and seeing as they are still charging you means they have not learned a lesson.

 

To be honest, i wouldnt bother with a letter RE the conditions, unless the letter says you have an amount of time to respond i.e if we dont hear from you in 8 weeks we will take it you have accepted the conditions blah blah

 

And finally, dont worry, they cant take your money back again ;-)

[arae1]

thats cool thanks. The 14 days stipulated in the LBA is up on Monday, so we will fire the next claim to the court then.

 

In the first 2 letters sent to LLoyds re this 3rd claim, the amount was for £450, but the have charged another £200 since then. When we are putting our claim into the court next week, can we claim for the updated amount or does it still have to be the £450?

 

You would think I would have a clue about this by now eh??

[stevokenevo]

I would fire the claim in for the full amount, you will be handing in a schedule of charges with the claim anyway, which details the amount and the date they took the charge so that will be fine

[arae1]

Ta!