DF vs Lloyds TSB Bank

[bex1408]

Hi everyone

 

I'm also helping my df to claim back his lloyds tsb charges (sometimes i wish i'd never offered lol i'm knee deep now).

 

Anyway, i sent the allocation questionnaire off on Monday. But today i've received a letter from Sechiari solicitors which reads:

 

we act for lloyds tsb bank

 

we have been passed a copy of the proceedings that you have issued against our client in Birmingham County Court. The bank will be defending the proceedings on the following grounds

 

1. The fees that you seek are properly incorporated into your contact with the bank, and

2. by making payments (whether by cheque, debit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft, which the bank may meet or decline. If it meets your request you must pay the necessary charges,. The issue of penalties only arises as a matter of law, where there has been a breach of contract

 

looking ahead, a situation which gives rise to a dispute is not one the bank wishes to continue, in view of this, you are requested, please, to make contact within the next 14 days with the branch manager at the billericay branch on 0845.... to review your account, A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs

 

We await confirmation from the bank that this action has been taken

 

Should he call them, i'd rather he didn't and everything is dealt with in writing. Also, should i be worried? I'm not bothered about them closing the account as he only uses it for his work expenses and i already have another account lined up just incase. I've just never seen anything like this and am starting to panic a little bit.

 

Any advice would be massively appreciated.

 

Thanks

[nestie]

Hi bex - I've had exactly the same letter today and I live in Swansea! Phoned them and they told me a load of these letters have gone out in error (Billericay in Essex is a bit far to expect me to go to from Wales!) and he confirmed that a settlement letter has been sent to me on the same day this one was. Give them a ring and ask them to see if this is the case with your claim.

[bex1408]

Hi

 

Thanks for your reply. DF is away for the weekend so will get him to call on Monday if we've not had anything by then.

 

[bex1408]

Just an update....

 

DF called solicitors this morning like you suggested and they've sent out a settlement letter on the same day for what sounded like the full amount

 

Just waiting for the postman now lol

[nestie]

Brilliant - well done!

[bex1408]

Hi Nestie

 

Just wondered if you could tell me how long it took for you to receive your offer letter? DF is still to receive his, we've called them and they said they'd send another copy but couldn't fax one as it would have took them ages to locate his paper file. I'm getting impatient

 

Thanks

[Kjball]

Sorry to crash your thread but don't suppose u have the number for sc&m???

[bex1408]

Sure

 

It's 01273745336

[Kjball]

Thanks ever so much!

[bex1408]

Hi Again

 

The letter has finally come from the solicitors.

 

The offer is £100 (the AQ fee) short. I'm not really fussed about this tbh, i'd rather just take the money. However, the offer letter lists the following conditions which i'm really not sure we should be accepting. Does he just cross them out before returning them or will that make them withdraw their offer??

 

Conditions are.

 

1. The amount will be credited to df lloyds tsb account - fine with this

2. The payment is in full and final settlement - fine with this

3. The terms of this agreement are confidential to the parties and their legal representatives

4. You agree to maintain your accounts with the bank within your agreed limits and in accordance with the terms that govern the account

5. You can avoid these fees in future if you agree an increase in your overdraft with the bank before you try and make payments that would take you over any previously agreed limits. If you do not do so, you will again incur these fees

6. You make contact with your local lloyds tsb branch manager on .... to arrange a review of your account. The bank wishes to avoid further situations which give rise to disputes. A review may be useful to consider whether your current banking arrangements are the most appropriate with your needs

7. You must notify the court immediately once payment has been made and provide a copy of your letter to the court for our records - am fine with this

 

Any suggestions?? Thanks everyone in advance

[BARTY]

Congratulations!! :-D

There is a letter in the link below to send to the Solicitors rejecting the conditions:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/48032-jakena-barclays-4.html?highlight=acceptance#post718754

 

Barty:)

[bex1408]

Thanks Barty

 

Will post this morning