harry--Lloyds WON they send me 2 letters

[hayesharry]

i have received 2 letters, both dated 4th july from LLoyds solistor's on the same day, that is this saturday the 7th.

here is what the letter says

THE LETTER IS DATE 4TH JULY FROM THERE SOLICITORS.

As you will be aware from our open letter, we act for Lloyds TSB Bank plc. This letter is marked 'without prejudice' and is 'confidential' which means it will not be produced in court, and is confidential between you , us and the bank. Therefore, you are required NOT to show this letter to anyone or reproduce it in any way that compromises the parties when entering settlement negotiations.

You are already aware that the bank intends to defend these proceeding on the grounds that the legal basis for your claim is incorrect.

1. As a matter of law, weather or not a clause providing for a payment is a penalty only arises where there has been a breach of contract.

2. When you asked the bank to make payment from your account that would have caused you to exceed any overdraft you had previously agreed with it, you were requesting it to agree to a new or higher overdraft. Your request to the bank to make a payment was not a breach of contract; nor were you in breach of contract when the bank either agreed to make that payment, or declined to do so.

3. The bank was entitled to charge a fee fro, amongst other things, urgently considering your request and for telling you it had agreed to it;alternatively for telling you it had not been agreed to it and returning the payment through the clearing system.

4. you were aware of the existence and amount of the fees that the bank charged for these services, and they were properly due under the contract between you and the bank.

5. your claim for repayment of these fees is therefore misconceived.

As you have read, the bank, together with other major banks, is presently discussing the legal basis for these charges with the office of fair trading. The bank considers it unhelpful to pre-empt the outcome of those discussions by requiring the court to adjudicate on a particular claim. especially because the legal and other costs involved can easily exceed the amount in issue regardless of who "wins" at the end of the day. This is as true for you as it is for the bank.

Accordingly, the Bank is, without prejudice to the position set out above, willing to pay you the £87.80 you are claiming by the way of bank charges and interest of £0.33p plus court fees of £30.00 in the full and final settlement of your claim.

This will be paid on the following basis:-

1. the above amounts(£118.13 in total) will be credited to your account 30-98-91 ********** by the bank.

2. The payment will be made solely as a goodwill gesture, without any admission as to any liability, and in full and final settlement of your claim.

3. you confirm that you have paid the above charges in full and that you have not already:

a. made a previous successful claim against the bank for any of them.

b. had any of them transferred into personal loan, credit card, or any other form of finance with the bank, which has then been written off;

c. had them written off as a result of charges to your overdraft;

d. had any of them refunded through discussion with any LTSB member of staff ( e.g. in the branch or telephone banking)

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

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

6. You are aware 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 wound take over any previously agreed limits. If you do not do so, you will again incur these charges.

7. You make contact with your local Lloyds TSB branch manager on 0845 3000 000 to arrange a review of your account. The bank wishes to avoid further situation , which give rise to disputes. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs. you should be aware that bank may withdraw benefits enjoyed with your account, such as using ATMs or debit cards when you are over any agreed limit.

Please let us know whether you are prepared to settle the matter on these term. if so, the bank will arrange to credit the above amount to your ************* account.

 

If you are willing to settle on this basis, please sign a copy of this letter as confirmation that you are bound by its terms , and return it to us as soon as possible. We must ask you to reply within 10 (ten) days from the date of this letter as the bank will need to file it's defence, if settlement terms cannot be agreed before then.

 

yours faithfully

 

 

the second letter says that the bank ding these proceedings on the following grounds:

1. the fees that you seek are properly incorporated into your contract with the bank: and

2. By making payments from your acount .....bha bha bha.

Looking ahead, which gives rise toa 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 your local TSB branch manage. BHa bha bha.

so do i except this and sign there form above, and i want to also claim the time wasting from the bank.

please advice.

 

[lea2001gb]

I had the same letters. I ignored them as they had already paid the charges plus courts fees back into bank account!!

[Red Rebel]

I have just received the same 2 letters and would also like to know if I should agree to the terms of the offer as outlined above. I also filed my court claim in liverpool county court but the letter indicates the case is going to Northampton county court. Why is this???????

[hayesharry]

3 people need help on the same issue.

 

Please help.

 

what 2 do next.

 

i also want 2 claim wast cost ??

[BARTY]

Congratulations!! :D

To reject the conditions (this will do no harm to your claim and you will still get your money) send a letter similar to this one:

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

 

Barty:)

[hayesharry]

can any one advice me.

I am going to write a letter 2 Lloyds excepting the full and final offer with out there term and condition..

Using template from this forum.

do I have 2 inform the court myself by writing a letter or sending the notice of issue latter ?

I am then going to apply for 'wasted cost order" by Formal application on N244.