dw vs lloyds ***WON***

[BARTY]

Hi

Good idea, they'll probably tell you the settlement letter is in the post...

Good luck!

Barty:)

[d.s.wilson]

i am supposing they might be a bot more of a pushover than that!

[d.s.wilson]

just remembered - when/if it comes negotiating settlement with lloyds, can i claim the £120 court fee on top of the full amount I am claiming in my schedule of charges

 

I was reading mjanet's thread in which she says the court fees were part of the claim she made. I am not sure I have included the £120 as part of my claim - is it too late?

[GaryH]

Its a recoverable cost which will automatically be included in any settlement.

[d.s.wilson]

I won!

 

got a letter from sechiari today offering full amount i am owed (their first offer) for £3,600 but with the usual conditions:

 

'full and final settlement' - they can ghet stuffed on this as they have charged me since i filed my claim and i want the freedom to sue them for any charges they bring against me unlawfully in the future.

 

'confidentiality' - not too fussed about this

 

'keep account in credit/ no more charges incurred' - they can get stuffed. their charges are unlawful

 

'account review at nearest branch' - not fussed.

 

will be checking mjanet's thread for some choice wording to put into my reply.

 

my thanks to all whove helped me so far and to the founders of this website.

 

now to claim back my charges on my joint account!

[Michael Browne]

Here's one example:

 

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

 

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 upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially 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

[upton11]

Many congratulations - enjoy your Friday night!

 

Regards

 

Paula

[d.s.wilson]

thanks Michael - what do you recommend is due consideration for keeping confidential? £400 ??

[upton11]

Michael, to your knowledge has anyone been successful in securing further consideration for entering into the confidentiality clause?

 

Regards

 

Paula

[Michael Browne]

thanks Michael - what do you recommend is due consideration for keeping confidential? £400 ??

.....consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

This figure is your claim figure, not a confidentiality figure.

 

 

Michael, to your knowledge has anyone been successful in securing further consideration for entering into the confidentiality clause?

No. But then if it's ever happened I wouldn't, would I?

[BARTY]

Congratulations!! :D

Barty:)

[d.s.wilson]

i know that in employment law, eg when people get paid a lump sum to leave their jobs 'quickly', it is common for the employer to pay a sum of money in return for the employee keeping shtum. i think it is worth a try, if they dont agree to it then i wont agree to the condition.

 

also, is the settlement figure subject to tax?

[Michael Browne]

also, is the settlement figure subject to tax?

Only if it's a business a/c and you have offset the penalty charges as a business expense against tax

[upton11]

Hi DS

Your point is correct, if confidentialty has not been agreed to within the terms of the settlement, then you are entitled to fresh consideration in return for obligation of keeping 'stchum'. You can ask, and they can say no

 

Regards

 

Paula

[d.s.wilson]

sent my rejection of offer letter back to them on 8 Jan registered post.

 

court case is on feb 13th.

 

is this their tctics to wait until last hour and then finally settle or is it worth me giving them a nudge?

[GaryH]

Have you filed and served your court bundle? I presume you have. On the deadline, if/when you haven't heard anything, see the sticky thread at the top of the LTSB forum.

[d.s.wilson]

have served my bundle and they offered me full settlement with usual conditions which i rejected on 8 January.

 

getting slightly concerned as my court case is this tuesday and have heard nothing back from them.

[GaryH]

Don't worry, the chances are the money will just suddenly appear in your account before Tuesday. In some cases they leave it right untill the day of the hearing! Obviously you must prepare as if your going on Tuesday to put your case to the judge, but in all likelyhood they'll pay at the last minute.

[d.s.wilson]

thanks Gary

[d.s.wilson]

sorry to pain

can you point me in the direction of pages which show me how to prepare for court?

 

many thanks

[GuidoT]

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

[d.s.wilson]

i won!

 

the full amount i claimed appeared in my account 2 days before the court hearing date.

 

many thanks to everyone and this website for their help - off to donate now.

[GaryH]

Excellent news, well done!!!

[BARTY]

Congratulations!! :D

Barty:)

[d.s.wilson]

hi

 

i have gone after lloyds tsb for the charges on my joint a/c.

 

i went thru usual stages, filed my claim at court for £452.62 plus £50 court fee.

 

lloyds wrote to me saying they had transferred an 'ex gratia' payment into my account of £395 into my joint account.

 

i replied to them acknowledging receipt but stating that i would not drop the claim until the full amount of my claim was paid to me.

 

thay have since filed a defence.

 

i have spoken to their sols and asked them to save time and costs and pay the balance into my a/c and i will drop proceedings, but they say i should inform the court of the ex gratia payment and the balance of the sum i am claiming.

 

is this correct - seems like total time wasting by the bank as we both know the result.