Redfaze Vs Lloyds TSB***WON***

[Redfaze]

Can a mod move this to the won forum?

[louismm]

Hi

well done on your win. I was in the process of writing a 'nudge' letter to SC&M and was wondering if you could help me withthe leter that you wrote and what you included with it? I am waiting for a court date and have been waiting a long time!

 

Many thanks for your help in advance

[BARTY]

Congratulations!! :D

Barty:)

[Redfaze]

Thanks Barty!

LouisMM..when i get home (I'm at work at the minute) i will post the details of the nudge letter which i sent..it seemed to do the trick so it may be useful to post on the forums.

[Redfaze]

Ok for the benefit of LouisMM and anybody else who may be interested, here is the nudge letter i sent to SC&M. It is loosely based on the nudge letter posted elsewhere on the site with a few amendments obviously you may need to tweak it to suit your claim. I also enclosed a print out of previously settled claims from this site and also sent a copy to my local county court.

Sechiari Clark and Mitchell

Department SO

PO Box 499

1-5 Queens Road Quadrant

Brighton

East Sussex

BN1 3XJ

 

 

Re: xxxxxxx - v – Lloyds TSB Bank plc

Account Number: xxxxxxx

Claim Number: xxxxxxxx

 

Without Prejudice

 

It has come to my attention that as of [date] that the filing of the Allocation Questionnaire should be dispensed with.

 

I believe that the stance taken by you in dealing with claims for the recovery of bank charges against your client by prolonging cases and settling before the court date to be a flagrant abuse of the court process and a strain on a valuable public resource. I am writing to you to try to negotiate a settlement without further intervention from the court. I have a list of cases settled by yourselves out of court and I have enclosed this for your reference. The full amount I am claiming amounts to £XXXX.XX, this includes statuary interest at 8% but does not include court fees which I will also seek to recover.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges. If you require any further information from me I would be happy to provide this for you. I also respectfully ask that your client provides me with copies of their personal banking terms and conditions from the inception of the account through to the present day.

 

 

I do not take issuing court proceedings lightly and please be advised that this matter will be pursued with the utmost vigour should it continue through the courts.

 

I look forward to hearing from you

 

Yours Sincerely

 

 

 

 

Mr XXXXX XXXXX

Encs.

CC: Your County Court

 

Hope this helps, certainly seemed to do the trick for me!

[GuidoT]

There is a letter in the link below to inform the Court of settlement, once you have received payment:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

 

I will get your title changed.

 

Thank you for your pledge to make a donation.

[ambercain]

Well done, Redfaze, your persistent assertiveness has won the day!!

Also, there is a creeping "received wisdom" that nudge letters don't work. It's hard to see any other reason why the bank/sols should settle at this stage.

You have inspired me to "nudge" and see what effect this has.

And I agree entirely with your post about negative language - I'm sure it's very heartening for the other side. All the information is here - I know you - like me - "lurked " for a good while before posting! Those hours reading and informing yourself have paid off.

Once again, congratulations!!!

[Redfaze]

The mods seem to have merged my long lost negative language thread into this one! It was quite a ramble! Well thanks for the comments ambercain, i have sent the settlement offer by post and fax so i'm just waiting for the money to clear in my account! Hopefully this will encourage a few more people!

[Redfaze]

Just a further update on this. The bank have now credited the amount i was claiming in bank charges and interest however the letter i received from SC&M said that i would receive the additional interest which had accrued since beginning the claim and also the court costs which don't seem to have been paid back.

 

What is other peoples experience of the settlement process, can i expect to receive a further payment once i have informed the court that the claim can now be discontinued or have they just tried to get away without paying it? I'm going to give SC&M a call to try and find out but i'm not sure i'll be able to get through

[christinajanep]

see what happens when u calll, have u got a court date and have u told the court it has been paid

[Redfaze]

My local county court have such a backlog that i haven't received anything from them since the case was transferred from the bulk centre at Northampton.

[Redfaze]

Just an update on this, SC&M wrote to me saying that the full amount had been credited to my account and that they had written to the court to declare the matter settled. I have written to them today stating that they have failed to fulfil the terms of the settlement and further to this as the claimant i will decide when the claim is settled. I have given them 7 days to pay the remaining amount which consists of court fees and additional interest.

[Notahappybunny]

Well done

I'm subscribing.

[Redfaze]

Ok, just to update, i may have jumped the gun a little here as the remaining amount which consisted of court costs and additional interest was paid in separately today and looks as if it has come frmo a different department. I faxed SC&M and posted the letter to them so i don't know if they have paid this in response to my letter or if this is how they usually pay claims back.

 

Suffice to say i'm very happy at clearing the overdraft and finally achieving a resolution! Good luck to everyone else, i'll be sticking around the forums to offer advice where i can!

[louismm]

Hi

just a quick note to say that i won. Hurrrahhhh. was on holiday in France when it came through, lots of beer that night. I got the full amount £3428.02. I sent them my court bundle that was about 4 inches thick, might of done the trick. Many thanks to everybody on the forum and my next step is to make a donation. Big thankyou

[GuidoT]

Nice work.