stetford1 v Lloyds Tsb

[stetford1]

BUMP

 

In a pickle now..... Should I not send in the AQ as I need to amend claim.....How the heck do I do that? Will I be charged? AQ has to be in by 5/8/07 - panic, panic. Is there a special form for POC to go on or just type it out/cut and paste it onto plain paper?

 

Really appreciate some reassurance here.........stand to lose a lot of cash:o

[Kazzie]

To amend your claim follow the links that Michael gave you above.

 

You will have to pay £35.00 which is non refundable.

 

I gave my amended POC in at the same time as the AQ on Garyh's advice, so this should be ok for you too.

[Michael Browne]

Is there a special form for POC to go on

Use N1.

 

Send N244 + 3 copies of N1 + 3 Copies of schedule of charges + £35 fee

 

Make sure the AQ is sent by 5th Aug or your claim may be struck out.

[stetford1]

BUMP

 

Help think I have got cheque mate!!!!!!!!!!

 

Received 2 letters off SC&m today both dated 17th July. First one says please contact bank within 14 days to arrange appt. with local Bank Manager. Second one offers full and final settlement of £2158.51 which includes Court fees - no interest claimed. I have to sign letter agreeing to 7 outlined points.... confidentiality, arrange review of account...blah, blah, blah. I have to send this back to SC&M no later than 31 July. What do I do? I know there are some things I have to cross out and is there a letter I need to send them too?

My AQ is due in Court by latest 5th August - Do I still need to lodge this now or wait for a payout and if no payout lodge it bwefore cut off date of 5th August?

 

Gone all giddy as due to go on jollies 07.09.07:lol:

[Michael Browne]

No need to sign their letter, send your own:

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge).

 

However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours sincerely

 

As regards AQ, you are unlikely to be paid before 5th Aug. I would submit the Aq now and pay the fee. This will keep the claim on going in case they don't pay (although very unlikely) and mention in the letter that the claim will not discontiniued until this fee is paid.You will need to amend the letter accordingly.

 

Alternatively send the letter as is and also write to the court explaining you have had a full offer and asking the court to defer your case for 14 days in order that you receive payment and you will inform the court whether payment is made and that you wish to discontinue the claim at that time

[stetford1]

As ever Michael eternally grateful.

 

WATCH THIS SPACE:D

[BARTY]

Congratulations!! :D

Barty:)

[stetford1]

BUMP:)

 

I have posted letter back to SC&M today accepting their offer minus terms and conditions and reminding them that case will continue unless they pay up - fingers crossed.

 

One question though when I write to the Court asking them to defer the case for 14 days to allow for payment does this mean that my AQ does not have to be in on 5th Aug but 19th Aug? - confused:???:

[stetford1]

BUMP:)

 

Can some kind soul please answer my last question - still unsure.

 

Is the test case tomorrow going to stop any full and final settlements like mine?

 

Many thanks:D

[Michael Browne]

Is the test case tomorrow going to stop any full and final settlements like mine?

 

It shouldn't. The banks have said publicly that they will honour any offers already made. So you should be OK not submitting the Aq

[stetford1]

Thank you Michael - so just to clarify as my head is in a whirl right now!!!!

 

As I have sent back acceptance to SC&M for full and final settlement by cut off date of 31 July 2007 this means I should still receive the money? Really confused as I have seen reports saying that until today's test case is sorted then cases will be frozen!!!!!

 

Sure I ma not the only one having a wobble with this one:rolleyes:

[nicsussex]

Lloyds will honour all settlement offers made prior to the announcement - have a look on their website

Lloyds TSB - Answers to questions on bank charges

[stetford1]

Thanks for reply - last wobble I promise........ I did not SC&M's letter of acceptance back accepting full and final I sent the one Michael suggested in earlier post.........will still get 'me money'

[BARTY]

Thanks for reply - last wobble I promise........ I did not SC&M's letter of acceptance back accepting full and final I sent the one Michael suggested in earlier post.........will still get 'me money'

 

Yes:)

[stetford1]

BUMP

Still not been paid out:mad: - I know SC&M signed for my acceptance letter on 25 July Rec Del. Rang them last week and they said wait 2 weeks to be paid out. Rang today as 2 weeks passed. Told me that I had to wait 2-3 weeks due to backlog. Told me to ring back next week if not paid then said it could take 3-4 weeks. If I rang back nex week they would tell me where things were up to. I said why can you tell me next week and not this week when I will be paid - got some feeble fob off answer.........................

 

QUESTION:

 

What can I say next week to hurry them up - I have asked deferment off the Court to allow them time to pay up.............HELP...............just want to be paid before jollies on 7th Sept.............ANY STRONG WORDS OF WISDOM OUT THERE?????????????????????

[stetford1]

BUMP

 

Is any kind person able to reply to my message of yesterday's date PLEASSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSE:-D

[stetford1]

BUMP

 

HELP

After not receiving payment in 3 weeks, I rang SC&M again today to be told that they may have closed my file and forgot to pay me and that they will pass it to a something or other department and they will ring me within 2 days to tell me where things are up to.

Getting worried as read a thread on this site where somebody had been made a full and final settlement but not signed t's and c's and had the offer withdrawn. I too sent my own letter and dd not sign SC&M's t's and c's...........HELP

Also if they keep stalling me what can I use as a means to make th4em pay up. I have written to the Court for a deferment to enable payment to take place. What next?

[GuidoT]

I saw a case yesterday where Lloyds are using not sending back an unconditional acceptance of their offer as a reason not to pay and relying on the OFT case to defer payment.

 

I can only say keep on pestering them.

 

I would not seek to defer the court date as this only takes the pressure off them.

[stetford1]

Can somebody please reply to my last couple of threads as not sure what I can do to try and avoid not being paid or rectify the situation!!!!!!!