Thanks Everyone, a Donations been made, One down, now onto my friend Mr BS at CitiCards. We will just have to see how it goes with them now.

Hi just, an update the claim has be settled, but due to condition can't give details. Anyone still in the process, keep at it and you will get there in the end, I would like to thank everyone who have offered advice, especially the Mods on the board for all the hard work. A donation will be forthcoming. Now just have to work out what to spend it on, all I can say is it's going to be a very nice Christmas this year

Hi Mollymoo, if you look at my thread, you can see the path I am taking with them, my Stay is up and the didn't bother to reply to my attempts to settle this. http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14777-rbphot-lloyds-tsb.html?highlight=rbphot I'm going for the throat, due to their failure to act on the stay the requested.

Hi, Did you send all your letters by recorded delivery, I had a letter they said they had not received but they had signed for it, when they checked it, they had got it but lost it internaly. Unless you can record your telephone calls don't deal with them by phone, make sure it's all in writing so it can be used in court if needed.

Congrats Freebird, it's been a long time coming, I hope you enjoy the windfall... Hopefully I will not be far behind as my stay runs out this week.

I intend to ring them again, a day before the stay expires and if the don't want to play, 1 day after the stay all the paperwork will be going off to the Judge, with a request for Him/Her to consider if exemplary damages/aggravated damages may be applicable in my case due the unresonable behaviour of the defendant and solicitor, considering their failure to act upon their request for a stay to attempt settlement..

I'm in the same situation with SCM, so decided to play them at there own game as suggested in Number6 thread. Have a look at the letters in my post, it's time the judges got a grip of some of these companys and let them know their not happy with their conduct.

Well my stay is up on the 16th, and I had not heard anything from them last week to my letter, so wrote them a kick up the backside letter to remind then that they asked for the stay so what where they playing at!! Dear *********** I am contacting you again to remind you that the time given to you in the form of a stay to attempt settlement by the District Judge expires in 8 days. The fact that you requested this extra time and have yet to even have the courtesy to acknowledged my letter of the ********* 2006 as I requested, leads me to confirm my conclusion that you request the stays automatically, I had this fact confirmed by a member of your staff in a telephone call to your office shortly after receiving your AQ, and that this was standard practice, even though you had no instruction from your client to do so or enter into dialogue to attempt settlement with regards to my claim. This is a breach of the civil procedures rules, and is being used to delay and put off claimants; this also amounts to a misuse of court resources as you have yet to defend any case in court that I am aware of, instead choosing to settle at the 11th Hour. Further more your request for the stay interferes with my rights under the European Convention on Human Rights directly and as enacted in the Human Rights Act 1998. Art.6 1. of the Convention provides that “ In the determination of his civil rights … everyone is entitled to a fair and public hearing within a reasonable time.” I hope that the case I have stated above is not true and that you and your clients do wish to engage in sincere dialogue to attempt a settlement of this matter, without the need to go before a Judge. I have also stated in previous letters to you I have full confidence that when my case is heard by the Judge I will succeed with my claim, and will also pursue the matter of breaches by your company of the rules regarding my Human Rights and Civil Procedures at that time should it be necessary. I therefore hope to hear from you soon to resolve the matter. And just to poke them further gave them a ring to see why they had not confirmed recieving the 1st letter, It had been delivered but they seem to have lost it, so I sent a fax copy to them. They called back and told me, they had just received the letter above(only posted the day before) and that they were being put in front of Mr Thomas to deal with. We will just have to see what he does next, so far no reply from SCM, and the day after the stay ends, my letter and all those sent to SCM will be going to the judge citing there non co-operation.8)

Maybe someone should phone up pretending to require the sevices of a solicitor to fight a claim for unlawfull bank charges and see if they will represent you, if you tell them the bank is Lloyds TSB. They might slip up and admit the are actually Mr and Mrs Lloyds, and they can't fight themselfs... :lol: I've posted my responce to their stay ordered by the Judge in the link below using the advice from BF on Number6's post, hope it will be usefull to people.

Well as expected SCM asked and recieved the extra month to attempt settlement, so far the have ignored both my previous attempts to enter into dialogue regarding my claim, just as many others such as Freebird etc Having read BF advice to Number6 about putting the ball in their court and seeing what they do with it, I sent this last week, am only posting it as now as it's been delivered to them yesterday. Dear Sir/Madam, I am contacting you due to the fact that XXXXXXXXXXXXX, has ordered the months stay you requested to enable us to attempt to settle this matter out of court before the XXXXXXXXXX. As I have contacted you on several previous occasions to see if you will enter into dialogue regarding my claim against your client, and received no response, I once again write to you to attempt to resolve the matter. What I feel is required is an honest and sincere attempt to clarify the issues so as to produce a solution which represents a just result - such as the court itself might produce, but without the help of the court. And for us to work out what is the legal right and to agree a solution based upon that right. This is my interpretation of the judge's order so I therefore propose that we attempt to deal with the main points. 1. Penalty Charges If the charges are indeed a penalty for breach which is the consensus of me and many others, this is yet to be disproved by your client. I agree therefore that your clients are entitled to recover losses caused by my breach. However, I do not agree that your client may profit from such a breach - and they cannot dispute this as it is already settled in law. 2. Service Alternatively if it does turn out that their charges are for a service and not imposed because of a breach (which at the present time I am not admitting to), I would agree that they are entitled to make a profit. However, my position is that your client is only entitled to make reasonable profits and that what is reasonable can be measured by reference to S.15 Supply of Goods and Service Act 1982. The first point above which is the major point of disagreement and is also the most easily resolved by your client, if they will simply provide a breakdown of their actual losses in relation to my particular case, based yearly as they can not claim that the costs or losses to them is the same in 2006 as it was in 2001. Then after examining the supplied information I would be willing to agree to whatever it discloses, and we can move forward. As to the second point which is whether the charges are a penalty or a fee for a contractual service is actually a question which I feel is far more suited to be decided by an independent lawyer - such as a judge. I hope that you and your client are being as sincere as I am to attempt a settlement of this matter through open dialogue, without the necessity of bringing the matter before a judge. Therefore I await your response to this correspondence, as the time you requested expires shortly and you have yet to contact me. I would be grateful if you could confirm receipt of this letter please. I intend to send them a couple of reminders at 7 day intervals as well, to see if this gets them moving. I hope that this might be a usefull approach that we can all use, well done BF for your suggestion.

Hi Freebird, hang on in there, and hope your girls OK after the footie colision. I've had a stay put on my claim till the 16 Nov06 as well, so far I've been doing the same as you, made first contact when I sent them my AQ to ask if they would enter in to dialogue, no answer. So I have decided to follow BF advice to Number6 on his post, and play them at their own game, sent another letter to them asking them to enter in dicussion about the main points of the claim, if they don't play ball and attempt to settle, by the given date, I will patition the judge to consider awarding exemplary damages against them for breach of the civil procedures, due to their failure to act on an order from the judge to attempt settlement they requested the extra time for. I believe there is plenty of evidence of there tactics. In the end it will bite them in the A**, because if they try to settle once I've got my court date, it's to late.

As regards stays, I just received mine from the local court. The claim has been stayed till the 16th Nov 06, with the same conditions as put in previous posts, we have until the 30th Nov to put in paperwork to indicate if the matter has been settled. The part about filling in a AQ, does this mean we have to re-submit and pay a second time. Also I have looked at BF advice, and agree, even though I started to attempt to get them to enter dialogue weeks ago, and nothing, I will be sending out a letter to SCM tommorrow, just got to draft it. At least we have complied with the courts order to sort it out without it going before the judge, this will look good for our case if they don't. I have seen somehwhere on a post about asking the courts to award Exemplary Damages for solicitors that breach the civil procedures rules, does anyone know or have any information on this. Thanks

There are other cases, that have gone this far, have a good look on the site, I got the list below from someones post of what they sent to the court(HBOS forum). You need to send off all your supporting documents, not all in the list will be relevent to your case. INDEX OF DOCUMENTS 1. Correspondences .....Date .......Description .................................................. ................No. of pages (A) 11-03-06 Letter: Data Protection Act Disclosure request to HBOS PLC - 1 (B) 19-04-06 Letter: Request for repayment of charges to HBOS - 2 © 02-05-06 Letter: HBOS acknowledgment of (B) - 1 (D) 05-05-06 Letter: Letter Before Action to HBOS - 1 (E) 12-05-06 Letter: HBOS response to (D) - 3 (F) 15-05-06 Letter: Decline offer of settlement to HBOS - 1 (G) 19-05-06 Letter: HBOS further offer of settlement - 1 (H) 23-05-06 Copy of County Court Claim form issued by Claimant - 1 (2 sided) (I) Court Document: Notification of claim issued - 1 (J) 31-05-06 Court Document: Notification of Acknowledgment of Service - 1 (K) Copy of HBOS Acknowledgment of Service - 1 (L) 12-06-06 Letter: Data Protection Act Section 10 Notification to HBOS - 1 (M) 15-06-06 Letter: Further explanation of claim to HBOS - 1 (N) 19-06-06 Letter: HBOS offer of partial settlement - 2 (O) 26-06-06 Copy of facsimile to HBOS and ‘Message Confirmation Report’ - 2 (P) 26-06-06 Letter: Claimant to District Judge - 2 (Q) 27-06-06 Letter: Claimant to District Judge - 2 ® 27-06-06 Letter: HBOS reply to (L) - 1 (S) 28-06-06 Court Document: Notification of Defence Filed by HBOS - 1 (T) 30-06-06 Letter: HBOS confirmation of receipt of (O) and payment to Claimant - 1 (U) 06-07-06 Letter: HBOS copy of Allocation Questionnaire - 1 (V) 16-07-06 Letter: Claimant to District Judge and Copy of Claimant’s Allocation Questionnaire - 5 (W) 16-07-06 Letter: Claimant to District Judge - Reply to Defence - 1 (X) 20-07-06 Court Document: Notification of Allocation and Hearing - 1 2. Authorities ...........Description .................................................. .............No. of pages (AA) -- Copy of bank statements supplied by HBOS following (A) - 91 (BB) -- Copy of spreadsheet supplied with claim detailing specific dates and amounts as requested for refund - 1 (CC) -- Data Protection Act (1998.) - 53 (DD) -- Data Protection Act (1998.) Schedules - 53 (EE) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10 (FF) -- The Supply of Goods and Services Act (1982) - 13 (GG) -- Unfair Contract Terms Act (1977) - 9 (HH) -- Office of Fair Trading Report April 2006 (OFT842) - 35 ( II) -- House of Commons Early Day Motion (EDM 2227) - 1 (JJ) -- House of Commons Select Committee on Treasury Second Report: ‘Transparency in charging’ - 10 (KK) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3 (LL) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79 - 2 (MM) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] EWHC 281 (TCC) - 2 The Claimant will also make reference to the following case laws; 1. Murray v Leisureplay [2005] EWCA Civ 963 2. Wilson v Love [1898] 3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752 4. Bridge v Campbell Discount Co. Ltd. (1962) Hope this helps.

I agree, it looks to me as if SCM have bitten off more than they can handle, I had the same reponse so my enquiry, about letters and the stay they had asked for. I wonder if it is SCM dragging there heels about letters, the longer it takes the MORE money they make!! It does make you wonder.

That may be so, but they would not have agreed to a settlement(They initated it not me), if they didn't already have the vast profit from taking my money through un-lawfull charges in the first place. The point of the matter is if they claimed it back through tax they can not turn around now and chase you for it! They have written it off, my account with they is closed but my claim isn't! The £6 in your calculations doesn't take into account that if they had been within the law the account would not have needed settled and they debt would have been paid. Read my post if you need the facts... Beat me to it!! please no refs to S******g.......we understand what you mean but we cannot afford give them any recourse....especially this lot !!