My 78-year-old mother's claim for £8224 is still, like so many others, gathering dust in a County Court filing room. It was submitted in June 2007. Having come back to CAG for the first time in a while, I'm concerned to see the Top Article about amending claims from penalties to UTCCR. There is no indication of when this was written but I'm assuming that its Top Article status means it is current, and probably requires me to take action (on my mum's behalf). Can someone who's up to date with this issue (I'm right out of the loop, I'm afraid) advise me if I need to make an amendment to her claim, and, if I do, where should I place the 'recommended amendment paragraph'? My mother's Brief Details of Claim (on 1st page of N!) says: 'The Claimant wishes to make a money claim for a refund of penalty charges applied to her bank account by the Defendant.' Under 'Value', the first item is Penalty Charges. On the 2nd page, under Particulars of claim, note 4 says: 'the Claimant contends that a)the charges debited to the account were punitive and are not a genuine pre-estimate of costs incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or repay any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual terms in repect of such charges with a view to profil. b)the contractual position that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977, and the common law. 5. According the Claimant claims: xxxx 6. Alternatively, if the charges are for a fee for a service they must be reasonable under S15 of the Supply of Goods and Services Act (1982). Mega thanks to anyone who can put me right. I'd hate my mum to lose out on this because I didn't take the right action or respond to events. (Not only for her sake, either.... I paid the £250 court fee and don't want it to have been wasted!). Rose

I don't think there are any hard and fast rules about the bank sending a copy of their defence to the claimant. I suspect it is considered a courtesy to do so, but most banks seem to have given up treating their customers with such old-fashioned concepts! With my own claim against Lloyds (settled in full a few months back), I received the defence from the court, along with an Allocation Questionnaire. With my mum's claim against Abbey, the bank sent their defence direct to her, and she's received nothing from the court except notification of the transfer to Southend. When I spoke to the court though, the clerk said a copy of the defence would be sent to me when I was formally advised of the stay. I wouldn't worry that you haven't received a copy of the defence direct from Abbey. Like I say, I think it's a hit and miss affair. I suspect you will get a copy when you get something in writing from the court. If you don't, ring them!! Grrrrr. Isn't this limbo frustrating. My mum could really, really do with this dosh (her claim is for more than £8500).

I spoke to Southend court last week about my mother's claim (copy defence received from Abbey but no word from the court) which has been transferred from Basildon. When I phoned, I was told all ongoing cases would be stayed until early December. Was also told that confirmation would be issued shortly, but my mum has received nothing in writing yet. Why has Southend decided to take this action? I'll be very interested to hear the response to your email, Jules, as it seems to be contrary to all (or most) other courts.

I'm delighted to hear your news, Dave. :D:D I hope things will start turning around for you now. Good luck to you and Mrs Broke with the other claims. All the best Irish

Bet that brought a smile to your face!! It's great news! Well done. Irish

Most annoying! The Court office has returned the claim with the following covering letter: "Further to your claim form received here today I am returning same and the fee paid as unfortunately there is an error on it. If you wish to claim interest you must include on your form the paragraph as highlighted in the enclosed leaflet, in full." The leaflet in question is the EX302: How to make a claim. The court officer has highlighted this: "If you want to claim interest, you must include it in your 'particulars of claim'. Write your claim in the following way: 'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [put in the amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]." The POCs I've used are exactly as specified on CAG ie 5c interest pursuant to section 69 County Courts Act as set out on the attached list of charges or for such periods as the Court deems just. On the attached schedule of charges (again, a CAG schedule), it clearly shows the date each charge was incurred, days since offence, and interest x0.00022/day to 5/6/07. Incidentally, these POCs and Schedule are exactly the same (bar dates and amounts) as I used for my (successful) Lloyds claim. Is Basildon Court being overly pedantic or am I missing something here?

:D Congratulations, Didge. :D Really pleased to hear your news. By the way.... you can simply cross out the confidentiality clause and initial it before sending back your acceptance. Ring them first if you're not sure about this. I did, and it was immediately okayed (I dealt with Guy Someone, who was perfectly civil and easy to deal with.) Either way, enjoy your money. Didn't we promise ourselves an Eggy Breakfast when we had both reached this point????

And finally I've submitted my mum's claim at the court!! Probably worth correcting a comment I made a few posts back: the courts do NOT delay service of a claim by 10 days (to ensure cheque isn't bounced) if you pay by cheque. Apparently, that used to be the case but it isn't anymore. Instead, they will issue the claim number and post out copies of the claim to Abbey and my mum within two days -- just the same as they would if I'd paid in cash. So, I didn't have to make my long round trip after all. I simply posted the NI and cheque to the local court. The total, with interest, is £8,200-ish. (When the court issues the claim number, I'll PM my litigation details.) Not heard a peep from Abbey in the last few weeks.

Send another copy of the schedule to the solicitors. Don't worry about missing the date. You don't have to comply with dates that SC&M set. You have your own timetable! You don't need to start formally preparing for court yet (although continue to do research into the legal issues and continue to pick up useful practical tips from this forum). On the 12th, check with the court office to see if SC&M have filed their AQ. They are often late doing this, but the courts usually allow them a few extra days before they'll consider striking out the defence. If SC&M request and are granted a Stay, check out this thread for your next step: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html Good luck.

I think what NicSussex was saying was 'post ON THIS THREAD/FORUM the full details of what the solicitors are asking for', rather than 'post in a letter box'! If you can post/type the details someone here can advise you properly rather than offering advice based on assumptions. Sounds to me as though some paperwork has got lost at SC&M's offices (wouldn't be the first time!) but give us the full story before taking any action. All the best

Hi Chopster My statements were sent to someone else who kindly sent them on to me. See my thread http://www.consumeractiongroup.co.uk/forum/lloyds-bank/71484-lloyds-sent-my-data.html. Seems like Lloyds are doing this more and more frequently. Terry was in the same situation as you a week or so ago http://www.consumeractiongroup.co.uk/forum/lloyds-bank/94265-lloydes-have-sent-somone.html#post867570. I think he was planning to use it as a (edit) device! Good luck Irish

Depends! As the 'injured' party when my statements were sent elsewhere, I had a little leverage. Certainly, Lloyds have agreed to cough up the full refund (no interest, mind) without anymore hassle, but my claim is for less than £200 so not a big deal. Your sister on the other hand is not the 'injured' party ie it is not her confidential data that has been exposed. She may be put to slight inconvenience by having to either return the statements to Lloyds () or contact and forward them to their rightful owner. I can't really see that this will add much weight to an argument for early settlement, unless you threaten to go to the press and/or her claim is, like mine, not huge. The Information Commissioner was not interested when I contacted their offices initially. Told me I had to put my complaint to Lloyds first. Again, since it is not your sister's data that's been exposed, I think they would give you short shrift. The press .... that's a different matter. You could contact one of the nationals and they would probably take up the issue (and contact the owner of the statements) but if you do this without contacting Lloyds first, don't expect them to be rushing for their cheque book to quickly settle your sister's claim. I hope this helps.

Do not send them back to Lloyds! This isn't the first time this has happened. I'm currently in negotiation with Lloyds after they sent my statements to someone else (who kindly contacted me by email and sent them on). If you send them to Lloyds, they will pretend this hasn't happened and the poor devil whose data has been exposed will never be aware of it. I suggest you contact the person direct. You might be able to find a phone number, or drop them a line. I'm sure they will send you a few quid to cover postage and packing. Take a look at my thread if you like: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/71484-lloyds-sent-my-data.html. I haven't updated it since I emailed Penny Berryman but there is now a bigger cheese than her dealing with it. If need be, pm me.

We won't tell a soul!!!! Congratulations!:D:D:D:D:D Irish

Just a word of caution about wasted costs claims..... Although some people have received costs, my request to Lincoln County Court was refused point blank last week (see http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/63865-irishrose-lloyds-tsb-4.html#post863931 ). I followed the CAG procedure absolutely but it didn't work for me. An additional bit of bunce would have been the cherry on the cake having already received £1600+interest+court and AQ fees . So, while I hope you are luckier than I was with your request for wasted costs, I'd advise you not to bank on it. All the best with your claim. Irish

Well done, Chloe. Enjoy your money! :D:D:D

Well, I'm a bit miffed! After that superb order from the District Judge, which practically invited to me to apply for costs, I've had an outright refusal to my request for Wasted Costs. Here's the wording of the court's letter, received today: "Re xxxx v :;puds TSB Claim no xxxxx Your letter of xx May has been referred to the District Judge who has refused your request for costs, stating that the Defendant is entitled to consider the claim and then defend or accept it. " That's it! No mention of Lloyds' "unreasonable behaviour" which was hinted at so strongly in the original order. Just 'No'. Of course I accept that Lloyds is entitled to consider the claim blah blah, but I don't accept that they have a right to muck me about, abuse the system, or involve me in additional time and money. Anyway, I shall not dwell on it. I'm happy enough to finally put this case to bed. I have other fish to fry: Abbey is next on the list!

Well done. Enjoy it!

Hi Sianie I spoke to Basildon County Court the other day concerning a claim I'm putting in for my mother (against Abbey). I was told that the claim would be transferred, along with all bank charge claims received in south Essex,to Southend County Court. This, apparently, is the way the region has decided to cope with the current flood of claims that are likely to be settled before a hearing. Court staff are setting a court date some time ahead so there is ample time for the banks to settle in most, if not all, cases. I was told my mother's hearing date was likely to be in July. So don't worry. Nothing to worry about.

Congratulations!! Savour the success, and enjoy the dosh!

My mum rang me this morning, all in a dither and panic. She'd had yet another letter from Abbey and, for some reason, this one scared her. She read it to me. It's just another of their template letters. Another of their time-wasting 'watching their ar*e' letters. Telling her that after eight weeks they have still not quite finished their 'investigation' into her 'complaint' and if she wasn't prepared to continue to be patient she was entitled to contact the Financial Ombudsman Service. What a crock of ****. How many trees are being cut down so this rubbish can be issued by Abbey? My mum admitted that if I wasn't handling her claim for her, she'd have thrown the towel in when she got this letter. Firstly, because she felt frightened by its official tone and, secondly, because it seems that the big rich corporation is simply not going to give in to a lil ol lady. I've reassured her and rekindled her anti-suits sentiments so she's back in her full combat gear, but it just goes to show how these nasty delaying tactics can bully people into submission. I hope Abbey's directors and shareholders are proud of themselves. Grrrrr!

My mum's received four IDENTICAL letters (about her one account) from Abbey today! Usual old blah: sorry you're still unhappy, will launch thorough investigation, want you to be happy, blah blah, will take four weeks. Signed by Richard Harris, all dated 14 May. Wonder if she'll eventually receive four settlement cheques? (That'd be over 30 grand. Wow! Would I get favourite daughter status, or what!!) I'll dream on......

Don't panic! It is business as usual over at the Lloyds forum, so there is no need to worry yourself so! Have a good read of Bankfodder's sticky: http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90521-lloyds-victory-birmingham-perspective.html

Just received my letter of settlement from scm. They've worked out the interest in a slightly different way to me (ie they haven't deducted the goodwill payment from the original claim when calculating interest due from the day I filed the NI to the day of settlement), but since it's in my favour, I'll not bother disputing it. Since I now have their written settlement (rather than just money deposited), I shall get my Wasted Costs letter off to the court. I'll post here when I get the judge's response. Meanwhile..... I know that, as someone who's received settlement, it may seem easy for me to say that ALL claimants should remain positive despite yesterday's aberration at Birmingham CC. But think of it this way: if Lloyds really thought they had a hope in hell of winning that case, they wouldn't have settled my claim (nor the hundreds of others) this week. Just keep looking out for the ****WON**** titles -- there will be no slowdown in the numbers of them appearing in the Lloyds forum or any of the others on CAG. It is business as usual. Which is why I'll still be hanging around this forum -- I've got another claim going through against Lloyds (credit card) and will be filing N1 in the next week or so.

Kev, you poor devil. I feel guilty that while your maverick judge was handing out his fantasy judgement today, a great fat wedge of wonga appeared in my bank account as settlement of my claim. Most of it's already earmarked for clearing other debts but I'll keep £100 of it to put towards your fighting fund if you decide to go for the appeal. Be strong.