Thanks for info, will be contacting solicitor to sort out. Will be keeping a more watchful eye on what cheques I am sent from companies in the future!

Thankfully not! Though it does seem strange that they can make such an error, what would have happened if I had of spent it? For the amount involved, below £600, would not be worth taking me to court etc surely to retrieve it. Would make them more careful if they had to write these amounts off!

Hi all My car was wrote off in a non fault accident, I received a cheque, with my name on it and accompanying letter, from 3rd party insurer which I paid in to my account. I was then paid a larger sum by bacs into my account (I assumed the cheque was an initial payment) which was the agreed value of the car - this again was from the 3rd party insurer. It transpires that the cheque was sent to me in error from the 3rd party insurer and the company it should have gone to, my insurers recovery agent, have not received their money. Subsequently they want the money off me, as I have been advised from their solicitor. Where do I stand, legally? In my opinion the 3rd parties insurer made the error, they should write off this amount and send it to the correct place, and my insurers solicitors should be pursueing them and not myself. Any help would be appreciated, if I need to clarify anything please let me know.

Thanks! Such a relief, sent the letter back to them first class thursday so they should have had it friday/tomorrow so will keep checking that online bankng for the funds going in. Could not have done it without everyones help so thanks again and will keep you all posted

ha ha, perhaps times are tight! Basically just tell the court that Lloyds have settled or do I need to include more legal terminology to have the case closed? Also have forgot my moneyclaim login, do I need to log in and change the status of the claim or anything like that? Still paranoid as you can tell!

Not really, just keep my account in limits and send them a copy of the letter I send to court to them, which is fine! Will reply to them tomorrow, get that money in the account asap. Take it I send the whole two page letter back signed and keep a photocopy for me?

Good news! received settlement letter today offering full amount Am I correct in thinking I now need to - send letter back accepting send letter to court withdrawing claim once money is in my account (is there a template for this letter, any tips?) anything else? finally......smile and thank everyone on this site for there help!

Just a heads up - posting it tomorrow now, I have - court bundle - schedule - internet statements unfortunately no t + c's or correspondence, feel claim is a bit weak, think it will be okay?

Have triple checked everything and my evidence is being sent tomorrow. Is substantial though have not managed to recover the letters I received from lloyds, hope that does not have a bearing. In anyones opinion on receipt of this evidence do the solicitors usually scrutinise it or do they see a wad of paper and think, easier just to pay up? also if anyone has a link for TSB account terms and conditions that would be helpful, if not then the Lloyds TSB ones will do nicely

The court date has been set - Jul 2nd and I have to submit all evidece at least 14 days before. The draft order request got ignored - do I still use the evidence I would have used for that? Bit stumped now!

Have sent my AQ today - received an order from the court today from the Judge to file a schedule of charges which I assume is normal. Do I send it to the named judge or court manager as per previous correspondence? May not really matter I suppose!

Completing the AQ - Just a few questions.. 1 - I am going to send Lloyds a copy - presume it goes to the address on the copy of the defence filed by them? 2 - Will internet copies of statements be sufficient if I do need to produce them (all I have) 3 - Struggling for things to produce on sections c and d of draft order, any suggestions? If I cannot produce anything am I better off leaving them out or excluding the draft order completely? c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon.

Many thanks

A defence has now been filled and now need to fill in the allocation questionnaire. Where do I find this? Any tips or links that I can read- sorry if I appear lazy/not on the ball but just want to get this bit right!! Thanks guys

Have got an acknowledgement from Lloyds and they now have 28 days to submit a defence - whats the usual scenario now?

Is it 14 working days for acknowledgement or 14 days, being the 12th now if it is 14 normal days then looking at the 15th Apri and still have not had a response.

Cheers Barty,will take a look at the links to get myself well prepared. many thanks

The claim has been sent - judged to have been served the 1st of April. What is the likely outcome, presume there will be an initial defence?

Heading down the branch in the morning-hope they can at least give me the year I opened account Then claim gets sent monday, show me the money!

For the POC how crucial is it to have the date I opened the account-just that I have no idea, not even the year! telephone banking could not help-going to be a branch visit to find out?

Thanks again, interest calculated and now ready to get myself familiar with the next stage.

Hi Yes the 8% statutory interest-know there is a spreadsheet to work it out kicking about somewhere. Is it compounded or accrued charge by charge?

I also assume that because I am not claiming interest I just omit that part of the claim and online statements will be sufficient in terms of evidence (as thats all I have!)

Thanks Barty, will keep veryone updated and will take a look at those links now. No doubt I will have more questions but obviously just want to make sure I get it right! Cheers again

Hi guys, here with an update. Had no reply from first letter so sent a second letter last monday again detailing charges and threatening court action. Received a letter today from the recovery centre in Hampshire, saying how they make a charge for extra services, will not cancel my charges etc etc. Question is-is this a reply to my first or second letter, is dated March 16th. Should I still wait the two weeks I gave them before beginning court proceedings or should I act now? Any links for the next stage? Your help is much appreciated! Thanks