o0oLiamBeeo0o V LTSB Scotland PLC - o0oLiamBeeo0o WINS!!!!!

[o0oliambeeo0o]

Hey sinking_fast, I didnt call, I kinda thought if I call they may see it as a weakness of sorts.

 

Anyways, nothing arrived in the post today so LTSB have failed to put up a fight, shame.

 

Waiting game again till 26 January.

 

Liam.

[sinking_fast]

does that mean cause they didn't submit evidence, your basically waiting for an offer/full refund?

thats great news though, its the waiting that does your head in, but just stick in there, nearly got your money

 

fingers crossed for u liam

[o0oliambeeo0o]

Hi Sinking_fast,

 

Well I would assume thats the case, if Im being honest I would really like to appear in court with them again, all this means is should I get to appear again they have nothing by the way of "evidence" to rely on, aawww. But I really dont think that will happen.

 

How is your claim coming along?

 

Liam.

[sinking_fast]

well keep us updated, its great to hear that someone else has won, it just makes me feel so confident

 

sent my letters claiming back they received them last tuesday cause i tracked them through royal mail, so they've got till week monday and i'll then send them LBA letter, but tried to use my switch card the other day and it was declined also my phone bill (which i pay through d/d) was cancelled as well, my fam (family allowance) goes in on tuesday so will have to pluck up the courage to go to the bank to see whats going on, not that i'm frightened of the staff, i'm more worried about me getting in trouble (can get a bit hot headed) cause i don't get on with some of them, and i know that if i query my account the girl i don't get on with (only cause she thinks shes all that, and better then me, i use to work with her years ago and she was my manager then, and she was and still is a bitch) will serve me! can't wait to win just so i can go in and flash the cheque about esp to her, who will be laughing then hehe

[o0oliambeeo0o]

Hi peeps, came in from work today and have a letter from LTSB's agent. Hers it is:

 

Dear Mr Bee,

 

We are instructed by our above named clients to make a settlement offer to you in respect of the above action. Our clients are prepared to reimburse you the sum of £1,101.00 in respect of the charges debited to your account number XXXXXXXX together with interest at the rate of 8% per annum calculated from the date when each charge was debited to the date of settlement. As at 11 January 2007 interest amounted to £127.00. Our clients are also prepared to pay your judicial expenses in the sum of £180.41.

 

Please note that this offer is in full and final settlement of not only the sums claimed in the above referenced action but also in respect of all and any charges debited on account number XXXXXXXX.

 

Please note that this offer is open for acceptance until close of business on 18 January 2007. Please confirm to us before then whether you wish to accept this offer. In the event that you do then arrangements will be made to transfer the funds into your above numbered account with our clients and to discharge the above diet.

 

This letter is written entirely without prejudice to and under reservation of our clients' rights and pleas and neither the letter (nor any copy of it) nor its contents may be produced, exhibited, referred to or founded upon in any court action or in any other proceedings except (a) with our express written consent or (b) at our clients' instance.

 

Yours faithfully,

 

BTO.

 

I cannot believe the contemp of these people, especially paragraph 2. Im just going to draft a rejection letter for the post tomorrow and will be emailing a copy to them tonite.

 

Any suggestions?

[Ropey]

I was all set with the congratulations until I read that paragraph. It seems to me they are just chancing their arm a little, I can't see them putting up a struggle to keep that in.

[o0oliambeeo0o]

Ok typed this letter to LTSB's agent, im not sure if its a little long-winded but I felt I had to showmy position and there will be no lying down to them.

 

Any comments would be more that welcome, good or bad before I email it later this evening.

 

Dear Ms D Hatfield,

Thank you for your letter dated 15 January 2007.

I respectfully decline your clients’ offer of settlement for the reasons detailed below:

Paragraph two of the above mentioned letter states “Please note that this offer is in full and final settlement of not only the sums claimed in the above referenced action but also in respect of all and any charges debited on account number XXXXXXXX”.

I am simply astonished at the contempt you/your clients hold me in, I feel I could show to a court of law your clients’ charges are unlawful and breach Scottish common law. For this reason I cannot accept this term of settlement as any further charges levied to my account will be treated in the same manner.

Your clients’ settlement offer fails to address my request to the court to be awarded a payment of damages. Again I am confident I could show to a court of law your client unlawfully deducted monies from my bank account, thus causing me financial hardship. Your client on several occasions did also breach section 45 of the Tax Credits Act 2002 and section 187 of the Social Security Administration Act 1992 by taking welfare payments to cover their unlawful charges, you will see this from the bank statements I provided you on 30 December 2006. Again thus causing a great deal of financial hardship and inconvenience at the time.

Your clients were, on three separate occasions prior to court action given the opportunity to reimburse the monies taken unlawfully from my account. Regrettably on three occasions your client declined. For these reasons I will be willing only to accept the sums craved on the summons served on your client and will not accept any terms/conditions your client may try to impose.

I trust this clarifies my position.

 

Liam.

[elsinore]

Well done Liam, a very good letter. I think you've made your position abundantly clear!!

 

Elsinore

[stevokenevo]

Good one Liam! your nearly there.. .. .. .. ............

[sinking_fast]

you tell them liam, nice one m8

[TANZARELLI]

They will try anything to try and prevent this issue continuing as they know they are fighting a loosing corner here.

 

Good letter, glad it was noticed (paragraph 2) as, imagine how many people just miss that and send an acceptance form back in.

 

Will be waiting to see what they come up with. It will prob be a phone call saying "just score those bits out, and add/amend the figure and send it back, we have to try you know, we think your silly you know"

 

Cheek of um.

 

Tanz

[o0oliambeeo0o]

Hey thanks guys for the comments, i wasnt sure if it was a little drawn out but i just wanted to tell it like it is, so to speak.

 

Even if it is drawn out its to late now, emailed to LTSB's agent last night and posted first class today, as my court date is a week on Friday im more than sure I will recieve a reply in the near future.

 

Regarding paragraph two of that letter, has anyone come across that before, for everything ive read i cant recall a suggestion like it, must admit it kind of made me think, why would they add that? Are they expecting me to claim more from the past or are they saying any future charges they apply cannot be claimed???

 

Liam

[TANZARELLI]

Hey thanks guys for the comments, i wasnt sure if it was a little drawn out but i just wanted to tell it like it is, so to speak.

 

Even if it is drawn out its to late now, emailed to LTSB's agent last night and posted first class today, as my court date is a week on Friday im more than sure I will recieve a reply in the near future.

 

Regarding paragraph two of that letter, has anyone come across that before, for everything ive read i cant recall a suggestion like it, must admit it kind of made me think, why would they add that? Are they expecting me to claim more from the past or are they saying any future charges they apply cannot be claimed???

 

Liam

 

I would say both.

[o0oliambeeo0o]

Well Tanz, you've seen the letter so I will update on their respone when recieved.

 

Liam.

[TANZARELLI]

Look forward to reading it.

[o0oliambeeo0o]

Ok as I said I have emailed and posted the my rejection letter to LTSB's agent. I have recieved this response to my email:

 

 

Dear Mr Bee

Thank you for your email and letter. I am awaiting my clients' instructions.

In the meantime, I think you have misunderstood the second paragraph of my letter of 15 January. It seeks to settle the matter in respect of all or any charges already debited to the account - it does not seek to waive any rights you may have in respect of any future charges levied to the account. Are there any existing charges on the account, not included in this action, which you intend to challenge? If so, they should be incuded in this action.

This email is written entirely without prejudice to and under reservation of my clients’ rights and pleas and neither the email (nor any copy of it) nor its contents may be produced, exhibited, referred to or founded upon in any court action or in any other proceedings except (a) with my express written consent or (b) at my clients’ instance.

Regards

Dorothy Hatfield

Partner

 

 

And I have responded with this:

 

 

 

Dear Ms Hatfield,

 

Thank you for your response.

 

I do not have any existing charges which are not included in this action.

 

The issues I have with your clients' offer would be:

 

(1) That it does not address my request for a payment of damages.

 

(2) I will not accept any terms/conditions your clients' may try to include in any settlement offer.

 

I look forward to your response.

 

 

 

Regards

Mr Liam Bee.

[sinking_fast]

great liam, thats really told them, they seems really "nicey nicey" in there response email to you, a quick question see after you sent the prelim letter was the response letter to that really negative, like "no way will you every get any money out of us so don't bother trying" and because you've now shown them your not backing down they are starting to be "nicey nicey"?

[o0oliambeeo0o]

Hi Sinking, the ball is in their court now so its completly up to them how they play it. From what I gather the responses I have recieved are bog standard, from all the threads ive read it just seems LTSB take it till the very last minute to ensure you will carry on with the court case, when they realise that you will not abondon the case they pay.

 

Also I am dealing with LTSB lawyer, not sure if that has anything to do with the change of attitude.

 

Regardless, they have no where to run anymore. They have not prepared for the looming action as no evidence submitted and no witnesses called.

 

They are at it!!!

 

Liam.

[tbell]

Fantastic!!!

 

Just came on this site 2day.. have read loadsa threads. but hey well done!!!

 

Im goin to claim Lloyds in Scotland for three thousand pounds.. doubt if it will turn out as interestin as yours..

 

Good luck:p

[o0oliambeeo0o]

Ok, this is LTSB's agents response to my previous email.

 

 

Dear Mr Bee

 

Thank you for your email of 18 January and I note that all charges on account number XXXXXXXX are included in the action.

 

My clients' offer to reimburse the charges with interest is without admission of liability. As you are no doubt aware, my clients, together with other major banks, presently are discussing the legal basis for these charges with the Office of Fair Trading. The offer therefore is made on an economic basis and in the circumstances where the charges are under consideration by the OFT. My clients do not consider that they have breached any duty to you and therefore you are not entitled to damages. If you wish to pursue the damages issue then we consider that we shall require to ask the Court to remit the case to the ordinary roll on the basis of its importance so that the issue can be fully legally debated.

 

Purely on an economic basis I am instructed to increase the previous offer by £50. Please confirm whether this is acceptable.

 

As with previous correspondence, please note that this email is written entirely without prejudice to and under reservation of my clients’ rights and pleas and neither the email (nor any copy of it) nor its contents may be produced, exhibited, referred to or founded upon in any court action or in any other proceedings except (a) with my express written consent or (b) at my clients’ instance.

 

Yours sincerely

 

Dorothy Hatfield

Partner

 

 

There is a couple of points I could pick and I also feel there is scare-mongering/threatening tone to this email, but if im being honest there is 2 working days before my hearing and I think I will accept this offer from them.

 

Any comments on this email welcome before I reply......

 

 

 

Liam.

[seank]

hey guys-i think i hae just won my case

 

a credit has gone int my ccount from the bank!!!

[elsinore]

If you wish to pursue the damages issue then we consider that we shall require to ask the Court to remit the case to the ordinary roll on the basis of its importance so that the issue can be fully legally debated.

 

I'm not familiar with the terminology, but I presume that she is threatening to escalate the claim to a higher court. I guess that would expose you to costs if you were to lose.

 

If you weren't aiming for too high a figure with your damages claim, then I suppose £50 is better then a poke in the face with a sharp stick!

 

Elsinore

[o0oliambeeo0o]

Hi elsinore, that is exactly what she is pointing at, in Scotland the action above the summary cause(the action I have raised) is the ordinary cause. I do not know alot about it but I do know you need a lawyer to represent you as it gets very technical and im 95% sure you must be represented by a lawyer you cannot respesent yourself.

 

I'm not aiming for a high figure at all, i would say getting interest back back is good enough I just didnt like the tone lol. I dont think her client is in any position to behave like this.

 

Im preety sure I will be accepting, just doing some research first.

 

BTW congrats SeanK, hope its everything you craved!!

 

Liam.

[o0oliambeeo0o]

Ok I have had enough, this will be emailed and posted to Lloyds agent in the morning:

 

 

 

 

Liam Bee V. Lloyds TSB Scotland PLC

Case Reference: SC351/06

 

 

 

Dear Ms D Hatfield,

 

 

Thank you for your correspondence of the 22 January 2007.

 

Having considered your clients position and also your revised offer I can confirm I am now willing to accept your clients settlement offer.

 

Before any monies are debited to my bank account please confirm interest will be calculated up until 22 January 2007, as this I consider to be the date of settlement.

 

When verified the correct monies have reached my bank account I will inform Paisley Sheriff Court settlement has been reached and the above mentioned proof diet, scheduled for 26 January 2007 at 11.00am is no longer required.

 

Thank you for your co-operation in this matter.

 

Yours sincerely,

 

Mr Liam Bee.

[stevokenevo]

Cool Banana's, well done Liam, let us know when the dosh is in the bank, then its all over at last!!!