TSB defence

[superfly6973]

thanks for the advice

[superfly6973]

Can anyone advise, I received a letter from the TSB confirming they are willing to settle my claim in full (which is great) however I also would like to claim back for the time spent preparing my claim since I had to spend hours ensuring the figures are correct, writing letters etc, is this possible to accept their settlement offer and claim back an additional expensives for example the preparation of the case?.

 

I read in the newspaper heard where claimants have sucessfully argued that the time spent and claimed back an additonal £230.00 for loss of earnings and perparing a defence. Should I signed the agreement then countinue or attempt to negoitate a deal to include this in the overall figure.

[GuidoT]

Whey you say TSB, I presume the offer has come from SCM.

 

See this for acceptance without Lloyds' conditions (post 73):

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/48032-jakena-barclays-4.html?highlight=acceptance%23post718754#post718754

You can try claiming your costs (my post 15 above) which is likely to slow down your settlement and you may end up with nothing for the costs.

I do not see the value of your claim in your thread, if your claim is

In your case Lloyds have not demostrated many abusive activities. You have a much stronger case for cost if Lloyds request stays for settlement and make no attempt to settle, persistently fail to comply with court orders, settle a week before the hearing etc. as they did with my claim, see here for the letter I drafted:

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/47207-guido-t-lloyds-tsb-7.html#post882448

If you had the charges refunded then I would say go for it as you have nothing to loose, but as you do not have I would not pursue it yet and if you intend to add a rider to the acceptance letter above, saying you reserve the right to pursue your costs.

[superfly6973]

Hi,

 

Thanks for the email I might have mislead you a bit, when I say they have offered a settlement I mean the TSB are offering to pay the court cost as well my pre estimated figure, the focus at the moment is the time spent researching and writing up my defence, previous claimants have been sucessfully in gaining additional costs however I was unsure wheter I could do this if I sign their agreement

[superfly6973]

I have till July 25th to agree should I use the template you have suggested or just sign the scm agreement,the agreement does not indicate that further claims cannot be made

[nicsussex]

however I was unsure wheter I could do this if I sign their agreement

 

If you are referring to their sttelement conditions then simply cross them out.

[GuidoT]

Crossed posts, this is a response to post 29.

 

I understood that to be the case.

 

If you want my view, I would just accept the sum offered if you are content with it and forget about the time spent by you.

[superfly6973]

thanks

[superfly6973]

Hi,

 

I am now awaiting a court date to defend one of my claims however the

TSB has only offered a full settlement on one of my claims, I am aware that the court has to be informed if I decide to accept this offer. I assume that the TSB will put forward some sort of defence in regards to claim 2 for a different TSB account, should it go to court (which I doubt) would it be logical to argue that the same information for claim 1 was submitted on claim 2 (except the overall figure) and should I assume the TSB will take this all the way. If any right minded Judge saw that Claim 1 has been settled even before it got to court will the ruling for claim 2 go in my favour?

[nicsussex]

should I assume the TSB will take this all the way.

 

Yes - unfortunately this is the 'game' that they play.

[superfly6973]

what is the chances of a successful outcome of the other claim if the first one has been agreed by both parties and is in the process of being settled even before the hearing?. Surely a judge would examine both claims and rule in the the favour of the claiminant. I can't see how a bank can agree to settle on one claim even if the basis is the same on claim 2. I wouldn't think they certainly can't argue their way out of this one. Do you think they will settle again before it goes to court?

[nicsussex]

Do you think they will settle again before it goes to court?

 

Providing that your second claim is well prepared I am certain that they will

[superfly6973]

Can anybody tell me if there is a templated letter for settlement claims is available on this website or the internet? it was advised by the local court clerk that a letter be sent to confirm no futher action be taken is this correct or can this be done through the HMSC online claims process?

[nicsussex]

have a look here

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

[superfly6973]

Thank You

[superfly6973]

Sorry forgot to mention the TSB hasn't actually paid the settlement yet but it has agreed to pay it soon, do I send the letter now? juding by the contents the letter indicates that I have received the settlememt. Should I fax a copy of the letter and supporting agreement the bank sent or will the bank write to the court confirm no futher action will be taken.

[nicsussex]

Do NOT write to the court until the money is safely in your account - the claim is only settled upon receipt of a fulll settlement including interest accruing at a daily rate until the money is paid!

[pupil]

the deadline for my court papers was today. I haven't received anything from the bank. Do you think that this means that they are not going to turn up in court, turn up but use the papers that I have sent to them to argue their case or just argue their case without papers?

[nicsussex]

Pupil - best if you can stick to your own thread - but on the very limited information I have on your case I would answer your questions as follows . . . yes, no, no

[pupil]

Sorry Nicsussex,

I don't understand threads too well. Thanks for the reply.

[superfly6973]

Just received a letter for SMC confirming that the TSB will attempt to defend themselves in court. They intend to argue two points

 

1) The bank fee has been properly incorporated into your contract with the bank.

 

2) The issues of penalties only arises as a matter of law, where there has been a breach of contract, to cut a long story short the bank claims there has been on breach of contract.

 

I find it strange that the bank has already agreed to settle one of my other claims whilst it intends to defend the other, the information used was excatly the same on both claims (except for the overall sums). Has anyone experinced this and what is the usual outcome. I would have thought if this claim when to court I could argue this point or will the bank reconsider nearer the time, is this just a delay tatic to try to unsettle claimants.

[superfly6973]

Can anyone advise on previous question?

[christinajanep]

superfly i wouldnt worry about it, the letter is a standard thing and normally followed by a settlement.

goodluck

[superfly6973]

Thanks very much;)

[superfly6973]

Hi,

 

How long does it take the TSB bank to credit the funds in a customer account once an out of court settlement if agreeded by the claimant?. The TSB has caved in (yes ;-0) and agreed to credit the full amount back in due course, however there is still one claim outstanding and the bank hasn't decided wether to settle this one before the hearing.

 

I have heard that the FSA & the banks have gone to court over the 'fairness' of bank charges and wondered if this will affect this last claim or will I be lucky and receive a settlement offer in the next few weeks. Finally I would like to say THANKS to all those who have posted comments up on the thread and THANKS for all the advice, to those who doubt wheter or not to go ahead RECLAIM YOU MONEY "JUST DO IT" you won't 'benefit' until you try.