Lloyds TSB Sisting (Staying) your case.

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

The charges in my claim were never paid by me, they have always been contested and I refused to pay them. That's why I don't get why they are sending a cheque.

I opened an account with another bank to have my salary paid into it and to pay my DDs before raising the action.

Lloyds still charge me £12 a month to administer the account I no longer use.


Davy-m

[Guest]

Re: Lloyds TSB Sisting (Staying) your case.

I suspect that, for reasons only they can elaborate on, they are going to pay you by cheque with which you can pay the charges. It does seem rather pointless when they can simply zero any outstanding balance and close the account.

Wait until you see the letter that comes with the cheque and you may know more then.

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

I suspect that, for reasons only they can elaborate on, they are going to pay you by cheque with which you can pay the charges. It does seem rather pointless when they can simply zero any outstanding balance and close the account.

Wait until you see the letter that comes with the cheque and you may know more then.

I should add that the bank's attempt to sist the case, albeit unsuccessfully, they managed to delay proceedings for over 3 months. I used this time to send a SAR to their head office, which showed when the results came back that there where additional charges we had not uncovered earlier. As they include in their letter a clause regarding decree of absolvitor. Will this prevent me claiming the charges that were not claimed in the first action?


Rgeards,

Davy-m

[Guest]

Re: Lloyds TSB Sisting (Staying) your case.

Only the court can grant a decree and if Lloyds want to apply to the court they are at liberty to do so. Letters from their solicitor are not binding on you, regardless of what they might try to pretend.

If and until such a decree is granted to them, you may issue as many claims as you wish.

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

Only the court can grant a decree and if Lloyds want to apply to the court they are at liberty to do so. Letters from their solicitor are not binding on you, regardless of what they might try to pretend.

If and until such a decree is granted to them, you may issue as many claims as you wish.

Great news Cetelco. I hoped that was the case. I will wait until the cheque has been sorted out and then post their full letter here. They say that decree of absolvitor shouldn't matter as Lloyds have decided to settle the claim in full.

Many thanks,

Davy-m

[scottishlass]

Re: Lloyds TSB Sisting (Staying) your case.

Just wanted to say well done Davy-m

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

Just wanted to say well done Davy-m

Thanks scottishlass. We had a court hearing date of October 31st. Don't need to go now. Great feeling.

Davy-m

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

Received the cheque for the charges that I claimed for, even though I had never paid them. They were simply sitting on the account as an overdraft.

My quandry now is that the amount on the cheque is £200+ more than we were asking for. So how much of that do I pay in to the account and how much I take for expenses? Having paid to raise a summons, a subject access request and attending court twice I don't feel I should pay it all to Lloyds TSB Scotland. Any thoughts on what I should do?

I will be starting a new claim this week for charges that were previously not known about (see #18).

Regards everyone,


Davy-m

[Amethyst]

Re: Lloyds TSB Sisting (Staying) your case.

How much were your expenses .... be a good place to start then pay the rest to LTSB and get the OD reduced.

Did they actually pay your summons amount in the figure?

[Guest]

Re: Lloyds TSB Sisting (Staying) your case.

Pay the cheque into the account that has the charges on it and then close the account and withdraw the balance.

The payment they made to you is a goodwill gesture, made without any admission of liability and therefore any balance over and above the charges is yours.

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

They just said that the extra was to cover related interest and expenses. Even if I paid it all into the account there would still be an overdraft, as I still have another £280 of charges to be claimed back. In addition, they have been charging £12 per month to administer the account even though it is not being used and I haven't had a statement for 3 months. I know I should have sent the SAR first but I didn't want to wait 40 days as they were threatening me with everything imaginable. Even black listing my parents, attachment to my wages, Bailiffs etc.

Anyway, the amount they have sent me a cheque for is a couple of hundred quid short of what they say I am overdrawn by. So closing the account wouldn't be something they would do willingly.

Summary:

• Amount settled is more than I claimed.
• Amount settled is less that the current overdraft (made mainly of the other charges).
• I am clearing the cheque through another account.
• I am about to start another claim for the recently identified charges.

Hope this all makes sense.

Kind regards,

Davy-m

[Davy-m]

Re: Lloyds TSB Sisting (Staying) your case.

OK. Today I paid £500 into the account. I kept back some of the settlement for the cost of raising the action, a SAR and stamps, ink paper etc.

At the same time I have posted a letter asking fo the refund of the additional charges, two of which were added after the previous summons was served.

I am waiting to see if we go through the same whole process as we did with the first claim.

Regards,


Davy-m