N1 Near Complete - advice please on POC & 'Value'

[vmac]

Nearly done with the N1 which I intend to submit to court tomorrow.

In my particulars of claim, I've added a point at the bottom, which reads 'defendant has to date repaid £750' - Is this acceptable?

 

If so, under the heading 'Value' where it reads 'Charges / Interest /court fee and then Total .. should I insert, ' - £705 already received' or is it simpler to leave it out altogether on the understanding that Lloyds legal will do the maths, as it were ?

Many thanks,

 

VM

[Gez]

If you state that Lloyds has paid you their infamous £750, & if they have simply forced it into your account, you need to make it clear that you did not ask for it & did not agree to it.

[vmac]

If you state that Lloyds has paid you their infamous £750, & if they have simply forced it into your account, you need to make it clear that you did not ask for it & did not agree to it.

 

OK, thanks Gez.

And should I deduct in from the final figure, or leave it as it is?

In particulars of claim, does this read OK do you think

.. 'I have received £750 into my account to date for which I have declined to accept as final settlement'

[Kurt_Hamster]

Personally I wouldn't mention it at all, at least not if Lloyds haven't written to agree to your assertion that it's a part payment. If they don't accept it and subsequently remove it from your account you will need to amend your claim for an unclaimable £35.

 

Whereas if you don't mention it and put in for the full amount you can always deduct it from what the bank pays at the end.

 

Leaving it in relies too much on what Lloyds may or may not do with the money, and as such it's not necessarily a permanent payment.

[vmac]

Personally I wouldn't mention it at all, at least not if Lloyds haven't written to agree to your assertion that it's a part payment. If they don't accept it and subsequently remove it from your account you will need to amend your claim for an unclaimable £35.

 

Whereas if you don't mention it and put in for the full amount you can always deduct it from what the bank pays at the end.

 

Leaving it in relies too much on what Lloyds may or may not do with the money, and as such it's not necessarily a permanent payment.

Thanks Kurt, That makes me feel a little less frantic about amending figures, although I may state in the POC that I have received the money into my account but declined acceptance as full settlement. What do you think?

 

 

Thanks again, VM

[Kurt_Hamster]

Thanks Kurt, That makes me feel a little less frantic about amending figures, although I may state in the POC that I have received the money into my account but declined acceptance as full settlement. What do you think?

 

 

Thanks again, VM

 

 

Yup, that would probably be the better alternative. Don't put an amount, just the notation that a "part payment" has been made, then in the PoC and value total the whole amount as if none had been paid. This will have the advantage of showing the court that the bank have paid something, though of course if you "accidentally" forget to mention in your PoC that it came with an associated "non-liability" clause...

[vmac]

Yup, that would probably be the better alternative. Don't put an amount, just the notation that a "part payment" has been made, then in the PoC and value total the whole amount as if none had been paid. This will have the advantage of showing the court that the bank have paid something, though of course if you "accidentally" forget to mention in your PoC that it came with an associated "non-liability" clause...

OK, nearly there ... could you just explain your last sentence ?

"though of course if you "accidentally" forget to mention in your PoC that it came with an associated "non-liability" clause"

[Kurt_Hamster]

Presumably in their letter that came with the offer they mentioned that it was a "goodwill gesture" and that it wasn't an "admission of liability on their part"?

 

If they did, then don't mention that on the PoC heheheheh

 

Basically what I mean is that if the PoC contains the fact that they've already made a part payment (and as far as you are concerned that is exactly what that payment represents) it could be construed that in itself was an admission of liability.

 

It's up to the bank's solicitors to warn the court that it wasn't an admission of liability, but by that point the idea is already in the judge's head (e.g. "if they aren't guilty then why are they already making a part payment?").

[vmac]

Hi Kurt , Don't go away!

In their letter, they say. " Generally we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to repay you £750 in full and final settlement of your complaint"

 

The note next to the credit on my bank statement, reads, "Goodwill refund"

 

I wrote back (using template) to say I would only accept it as part payment and without prejudice and would pursue them for the remainder through the court.

 

In my POC, I have included the following (tell me if you think it's sufficient or not? don't want to shoot self in foot! - also, I've left the schedule of charges as is):

"7. Defendant has credited an unspecified 'goodwill refund' to Claimant's account without consultation. Claimant has, without prejudice declined acceptance of this as final settlement."

Thanks Kurt,

Virginia

 

 

Presumably in their letter that came with the offer they mentioned that it was a "goodwill gesture" and that it wasn't an "admission of liability on their part"?

 

If they did, then don't mention that on the PoC heheheheh

 

Basically what I mean is that if the PoC contains the fact that they've already made a part payment (and as far as you are concerned that is exactly what that payment represents) it could be construed that in itself was an admission of liability.

 

It's up to the bank's solicitors to warn the court that it wasn't an admission of liability, but by that point the idea is already in the judge's head (e.g. "if they aren't guilty then why are they already making a part payment?").

[Kurt_Hamster]

Sounds like that would do the trick. Maybe add the "full and " before the last statement about settlement.

[vmac]

Sounds like that would do the trick. Maybe add the "full and " before the last statement about settlement.

 

Ok, gotcha .. you mean add in "and final.." .. ?

 

Thanks, V