MadMaxCTR V Lloyds TSB (got partial offer) ** WON **

[madmaxctr]

Hi everyone,

 

I'm new to this site so thought I'd let u know how my claims going with Lloyd's.

 

I originally got the standard response from Lloyd's telling me that they don't agree that the charges are unlawful, which i understand they send to everyone at the first point of call.

 

Anyway I pressed on and threatened further action and the other day i got a further letter saying they will pay £750.00 in full and final settlement. My claims worth just over £2K.

 

This money has been paid into my account already before i even received the letter.

 

Obviously i don't want to accept £750 in full and final settlement. I'm working on a further letter to say I'll accept it on an INTERIM basis only and push for the remaining amount.

 

Any tips on what to say or should i just threaten litigation if the remaining amount isn't paid?

 

Ta

 

MadMaxCTR

[broke dave]

There is a letter on this site that you can use. Will try and find the link for you.

[madmaxctr]

Cheers broke dave.

 

I've found the LBA letter.

 

Should i just modify it to say the partial offer is unacceptable????

[broke dave]

This is the link you need:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

There are a number of options on there; read them carefully.

[madmaxctr]

Partial offer rejection letter was sent sometime ago...... and you guessed it I haven't heard anything.

I've actually just made a complaint to the FOS about Lloyds TSB so hopefully I’ll get full settlement (without interest) without the need for litigation.

 

We'll see........

[madmaxctr]

Got a response from Lloyds in response to the rejection of the partial offer.

 

Its about 2 lines long and just states that they are NOT going to increase their offer and the £750 GOGW is the maximum they will pay without further action (FOS complaint/litigation).

 

Oh well.

[christinajanep]

then u carry to the next stage and file ur claim

[madmaxctr]

Okay,

 

I’m about to start my MCOL claim and will finish it this weekend.

 

I’ve read through ‘Getting MCOL right’ and I understand the process I think.

 

Anyway question is that I received a GOGW from Lloyds for £750.00. I guess I need to show this deduction in the particulars of claim, right? Should I just do for example?

 

Total claim £1750, Less gesture of good will of £750, remaining balance £1000. Would that be okay?

 

Also after I finish the claim on MCOL I send a full copy of my charges info and schedule/breakdown to the Northampton court. Do I send it to [problem] at the same time or wait for their acknowledgement/defence?

 

Finally would you send a copy of your T&C at this stage, as I think I’ve still got them from when the account was open?

 

Sorry for the daft questions, I just don’t want to mess up my claim.

 

MadMaxCTR:cool:

[loonpants]

Have you actually received the £750 from them or is it an offer? I'd carry on with the full amount if you haven't received anything or send them a letter saying you'd accept the amount in part settlement of the full amount.

 

I generally send the schedule of charges to northampton,yes. But not send anything to their solicitors until they request it (and they'll probably request the schedule of charges as they 'wouldn't have received' anything. Yeah, right)

 

I haven't sent any copies of any T&Cs in any of the claims i've set up, but things might have changed on that front.

[madmaxctr]

Loonpants -

 

The partial GOGW offer was paid into my bank before i even received the letter offering it.

 

I immediately responded accepting on an INTERIM only so yes its been taken.

 

So guess i'll need to show that in the POC as otherwise **** will no doubt raise it in their defence.

[loonpants]

I would yeah. Out of about 20 claims i've done, i've never actually received any gestures of goodwill so i'm not too sure

[madmaxctr]

Another dumb question,

 

Do i send copy correspondence in the initial pack that i send to Northampton county court or is that just for the actual court bundle, if it gets that far?

[madmaxctr]

Loonpants - 20 claims lol,

 

You've been busy....

[loonpants]

Copy corresponce as in schedule of charges etc? Are you not doing the claim online? I'm not sure whether you can include them in the written application or not. I just send them after i've done the claim online including my claim reference.

 

Sorry

[madmaxctr]

I've had my 2nd letter from the FOS yesterday.

 

"...The bank have told (us) that - in it's view - the charges it has made to their account were levied fairly in accordance with its tariff. It does not appear to have made an offer that fully meets what you have asked for. I have therefore written to the bank to invite it to:

• make an offer which meets (your) claim in full; or
  
• provide me with the information I believe I shall need to reach a conclusion on the merits of (your) claim.

"As you may know, in almost all the charges complaints we have considered, banks have made offers to meet the claim ... I will let you know as soon as Lloyds TSB Bank Plc tells me whether it is prepared to settle (your) claim ..."

 

 

Made the complaint to them only about 2 weeks ago so seems to be moving quickly.

 

The amount i'm claiming for/advised the FOS includes 8% interest so we'll see what happens.

 

MadMaxCTR:cool:

[Titch28]

Did you take the money they gave yo out of your acct just in case? Also, I'm confused

You filed MCOL and went to the FOS at the same time? I didn't know you were allowed to do this. Do you think this would speed up a claim?

 

T

[muggyno1]

FOS rules are that they cannot investigate a claim if you are taking court action. Did you tell them?

 

The only thing I'm not sure of is at what point they consider Court Action to have started. I suspect that it's at MCOL.

 

Muggy

[madmaxctr]

No i haven't issued proceedings via MCOL, i was planning to do it possibly this weekend. But i'll hold fire now as i probably won't have to.

 

Yeah i know you can't do both at the same time and the FOS won't help if you've issued and failed.

 

I made the complaint to the FOS after i had the £750 GOGW as Lloyds said they won't improve on the offer unless i go through the courts or FOS.

 

We haven't got anything to lose with the FOS as you can still file a claim if the FOS aren't able to help.

 

 

No, the £750 is still in the bank, well some of it. That was a few weeks ago now so there's no chance they'll want it back.

[muggyno1]

Madmax,

 

I was in almost exactly the same situation as you, went down the Ombudsman route and won, as most do. My experiences are in the thread Muggyno1 v Lloyds TSB.

 

Cheers.

 

Muggy

[Titch28]

Ok, thanks for clearing that up for me.

I'm thinking I may go down the FOS route if they offer the same to me.

I posted my LBA yesterday so they've got two weeks!

[madmaxctr]

Muggyno1 - thats reassuring to know you got your claim settled in full with interest through the FOS, espcially as it was in the £9K region :o.

 

Titch - you should get the normal GOGW will offer from Lloyds. Take it as an interim them comaplin to the FOS (as you've got nothing to lose) and then if need be, go through the courts, buit you shouldn't need to.

[Titch28]

Thanks mad max, it sounds like the best way forward to me.

 

If you wanna see how I get on my thread is called Worth a shot.

 

[madmaxctr]

How lucky am i.

 

Heard about the OFT test case and that the FOS had stopped all there complaints on bank charges.

 

Anyway just called the FOS to talk it through and amazingly Lloyds have offered to pay my claim in full and this was sent to me on the 25/07/07. The FOS state the offer will still stand despite the test case so looks like i've just received my offer just in time as otherwise i would have had the case frozen until the test case was finished which will be months.

 

One happy MadMax ;-)

[madmaxctr]

Finally received my offer letter from the FOS.

Dated the 25/07/07. Lloyds have offered me £1344 in addition to the £750 GOGW that I’ve already received. This is for my full claim and interest.

Have sent the acceptance form off first thing today.

MODs please change title to WON and move me into the Lloyds TSB success forum.

Donation will be made. Thanks for everyone's help.

N.B

Looks like I got my offer 1 day before the test case announcement where they froze all the other claims.

MadMaxCTR

[BARTY]

Congratulations!! :D

Barty:)