Thanks for that, will do that. Got one with the halifax also, so shall send the court that as well. Do you know if there i a template for this letter, or should it be worded in a particular way? My concern is that they stated conditions in their letter, although this did not prevent me from cashing my cheque! Thanks again

BUMP! Anyone advise please Thanks

Definitely quite normal! The only correspondence I received, after receipt of statements, was following filing with MCOL. They then took the full 28 days to file a defence. Just received notification that case has been transferred to my local court. Looks like its all the way to court. When I win I shall be definitely writing to the courts to claim for waste of time costs. STICK WITH IT & GOOD LUCK

Anyone help please????

Hi all, thx for the support, but can anyone advise as per thread 44 above. Thanks again

NICE ONE !!!!!!!!!!!! :D

Apologies, Misread your earlier post, no response today. I would stick to the tried and tested timetable as advised here. 14 days since LBA, take it to the next step! THEY WOULD!!!!

Hi again, Have you sent your LBA yet??

Hi katieandscott, Do not enter into this lightly!! Be prepared to go the whole way. I am, and currently at defence stage from lloyds. I have read, read, and read some more but still need advice at this late stage! I wouldn't worry about success rates, etc. just concern yourself with getting your facts and documents right,and take every day as it comes. I've been successful against halifax and natwest, both at MCOL stage, I am prepared (with help from this site) to get MY money back from lloyds!! GOOD LUCK

Hi, Check out the link below, should tell you all you need to know. Stick with it and good luck! http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

Advice anyone please. Thanx

Thanks Guidot, I have read that but cannot get my head around it. Which letter do I send?? Thanks

Hi TC, CONGRATULATIONS!!!!! I've just recieved the defence from MCOL and a transfer of proceedings. What happens next and on what timescales?? Thanks

Hi All, I have today received a Notice of Transfer of Proceedings from the Court stating that, 'The filing of an allocation questionnaire be dispensed with in this case unless the Distrcist Judge at the court of transfer orders otherwise.' As per a previous post, I am claiming on behalf of my wife and will be acting on her behalf should this actually go to court. My understanding is that this information requires inputting onto the AQ. If they dispense with AQ what should I do next???? The defence from LTSB as follows, 1. The defendant LTSB, blah, blah, blah,... It is admitted that the claimant has been a customer of the bank at all material times. 2. By opening an account with the bank, the customer enter into a commercial arrangement with the bank for the provision of banking services. The bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charged are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing; cheques bank statements the facility to make payments by direct debit and standing order debit cards ATM's 3. By maintaining the account in credit, or within any limit agreed with the bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the bank's own funds. If the bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the bank explains that ? there are normally no charges for everyday banking at Lloyds TSB when your account is in credit. When you use an agreed overdraft, there is no monthly fee and we will only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an arrangement or where you use specila sewrvices, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead". 4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the bank's loss. 5. The customer is given advance warning of the charges being imposed; statements show the charges, if any, the customet has incurred during the course of a month, and which will appear as debits on the following month's statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the bank. If the customer fails to remedy this position, and payments such as standing orders and direct debits are rerfused then again the customer is warned by letter. 6. The charges are fair and reasonable, and it is denied that they are unlawful. 7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness. 8. In the premises: 8.1 the charges are for banking services, and are not damages nor a penalty; 8.2 the bank is entitled by contract to impose the charges, which are fair and reasonable; 8.3 it is denied that the charges are unlawful or contravene any statute or regulation 9. The claimant's claim is denied in its entirety. It is further denied that the claimant is entitled to the sum claimed or to any sum from the bank' Could anyone advise what I should do next regards the AQ, court bundle, etc.????. Thanks

Hi SSL No I havent closed it, not sure how??

Hi nac Received the same letter a week ago. Their deadline at MCOL was Thursday just gone. I posted and was advised to wait until Tuesday then phone the court and possibly file for judgement by default. Got the cheque for the full amount this morning, albeit with a letter with conditions. I am waiting for a response to this. See my post corsicanpine v NatWest Good luck Stick with it

BIG CONGRATS PARKY!! WELL DONE!! Got my cheque today too, as you know!!!! BRILLIANT NEWS, NOT JUST FOR US BUT ALL THAT ARE STILL WAITING OR JUST STARTING THE PROCESS, KEEP IT UP!!

Thanks all for your support, couldn't have done it without you!!!! Would really appreciate if somebody could clarify whether or not I need to respond to the letter that came with the cheque? Halifax and Natwest done! Onlt LTSB to go. Only one that have actually entered a defence. BRING IT ON, SC&M!!! Never thought I'd get to the stage where I have taken on 3 of the biggest financial institutions in the country and ended up with what I have asked for from two of them!!!! STICK WITH IT ALL, YOU WILL WIN!!!!!!! THANX AGAIN!

Guess what??? Cheques in the post this morning for the full amount!!!!!!!!!! The attached letter states, 'Please note that payment will be made with no admission of liability and subject to our agreement not to court publicity, or disclose or refer to any third party, the background to this matter, and also keep the terms of this settlement strictly private and confidential.' They then go on that, 'the payment is conditional upon you writing to the court to discontinue proceedings and not to take any steps to enter judgement against the bank'. OOOOPS! Have I broken their conditions which I have not yet accepted as I haven't put the cheque in my account. Oh, and on that matter, they have not just written my name on the cheque, they have written, my name with the words into account no.**********. I assume this means that I have to pay this cheques into the account I have with them. I would rather pay it in elsewhere. Anybody advise please. I know I should be happy that they have paid up, but I smell a rat! Thanks

Sparc, Was your settlement just for charges? Had you filed at court with court fees and interest? I received same sort of letter a few days ago offering full payment of charges only. When I phoned their people, I was told that they are not paying out any court fees or interest only the charges, and that this was their final statement. Their last day to file a defence was up today, so after taking advice from another thread, I am giving until Tuesday befor I request judgement by default. Still, hope all goes well!!

Will be interesting to hear the outcome. Good luck and please do keep us posted

Thanks nic

Confused?? Received a letter today, goes like this, Thankyou for your letter dated 10th April. I am sorry that you've not been happy with our response so far. (Does this mean I soon will!!) I am unable to add to our letter dated 03 April 2007. This is because we have already outlined our position on the points you have raised. We see from our records that you have already issued a court claim for repayment of these fees and that our solicitors are dealing with this. Apart from explaining our position, there's nothing more I can do to help you at this stage. Thankyou once again for taking the time to raise your concerns with us. Yours sincerely David M Noble Customer Service Recovery Centre Andover And???? Should I agan write back and explain the reasons why they should repay me what is mine??

Thanx hedgey, thought that may be the case. Have one going against ltsb, they filed their defence this week with deadline today. How are the people at court in northampton? Does it help if you have phoned the court and are these calls noted on your case file? Thanks again

Good on you