Hi all, Thanks for your help and information yesterday Rich3236. I have already made that form and also the witness statement when I was advised that there would be an allocation hearing. What confuses me is that it sounds as if they have dispensed with the allocation hearing now. Also, when looking at the N244 I can't see where to put all the information. The whole thing is just confusing me slightly. I was all prepared to send off the the objection to the stay and witness statement thinking I was one step ahead of everyone else and then received the letter about the stay. If I send of my objection do I then wait for the court to come back to me or should I still see if the allocation hearing is happening on 7th Sep? Thanks,

Hey there, Can anyone advise what I should do next based on my last post re the Stay? Thanks.

Hi All, After spending last week preparing the info as advise above, I received this letter on Friday: Defendant: Lloyds TSB DX36675 Brighton 2 Date: 22-08-07 Before District Judge Bazley White sitting at Ipswich County Court. Upon considering the papers in this case IT IS ORDERED THAT 1. Save as appears in this order, this action be stayed pending the final decision (being judgement in the action or the final appellate court, whichever is the later) in the test case between the Office of Fair Trading v National Westminster Bank plc and others ("the test case") or furtehr order of the court. 2. The Defendant shall within 21 days of the final decision in the test case file at court and serve on the Claimant: a) A case summary of not more than 500 words setting out the effect of the final decision in the test case on this action b) Their proposed directions in this case 3. Upon receipt of the documents set out at paragraph 3 of this order the file be referred to Distrcit Judge to consider further directions. 4. Either party may apply to vary or discharge this order, provided that any application is made in accordance with Part 23 of the Civil Procedure Rules and made on 21 days notice. 5. Any hearing listed in this matter be vacated. So, I read that the allocation hearing set for 07 September is no longer going ahead? I had drafted my documents arguing the stay, do you think I should send them in now? I have looked up some information on the test case but I am not sure everybody else has received this response - do you think it is a standard one? I am not really sure how I should proceed with this so any help would be appreciated. Thanks guys.

Thanks so much for your help.

Pleeeeeease.... Can anybody help me? I am not sure what this letter from the Court means and I don't have long to prepare since the date is set for 7th September. I have tried searching other Lloyds threads but cannot find this information. Can someone advise what I need to do - should I be preparing my court bundle for this? Is this the actual court proceeding? I am confused because it says judgement at the top of the letter as surely if judegement had been passed then I have won by default, however, why would I then have to attend Court? They haven't stated that I should send all the information contained within my AQ yet and I am getting concerned that if I am not following the procedures my claim will be struck out. Please help someone. Thanks, Jodie

Hey guys, Can anyone help with my question above? I just need to know what I need to do now based on the letter I received from the Court. I guess this is when I prepare my court bundle? Do I prepare it and send to court and SC&M before the court date or just take it with me? Thanks again.

Hi all, More help needed I am afraid as the wording of the letter from the court has confused me! I have received a General Form of Judgement or Order from my local court which states that:- The claim be listed for an allocation hearing on 07 September 2007 (time estimate 5 minutes). At this hearing, the Court will consider either: a. Staying the claim pending the decisoon in a test case involving the Defendant or b. giving directions for this claim to be heard as a test case and if necessary allocating the claim to the multi track for that purpose. Not less than 14 days before the allocation hearing, the Defendant shall file with the Court and serve upon the Claimant details fo any cases proceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the Defendant shall file with the Court and serve upon the Claimant draft directions for this case to proceed as a test case. The Claimant may make any representations to the Court in writing provided these are received by the Court and served on the Defendant not less than 5 days before the allocation hearing. If eithewr party is prepared to abide by the decision of the Judge as tot he directions to be given, that party is excused from attending the preliminary hearing. I guess this means the case is in Court, so does this mean I now need to prepare my court bundle? Lloyds haven't filed their AQ yet so is this just the court giving them more time to do so? I have tried researching other Lloyds threads but I can't seem to find what I am looking for. Any help or assistance would be great. Thanks, Jodie

Thanks Barty. Fingers crossed the judge throws out their defence then. So you don't think I should stick to the timescale I detailed in my AQ and send the information in anyway just in case? It does seem a lot of work if Lloyds haven't stuck to the timescales, but don't want my case to get thrown out. Thanks again, Jodie

Morning all, I was hoping for some advice please? My AQ was filed by the deadline of 27-07-07, I have called the Court today and they have not received anything from Lloyds and have advised that the case is with the judge and he may issue a sanctions order to Lloyds. I was just wondering, if Lloyds haven't complied with the instructions, do I still have to submit all the documents as per my AQ or do I wait for the judge to decide what to do with Lloyds? I have sent a nudging letter to SCM stating they haven't filed anything and did they want to settle instead. Nothing received so far though. I have another week before the 14 days after AQ filing is up so think I need to get all my doucments that I would intend to use in court to them by then. Any advice on what I need to do next gratefully received! Thanks guys.

Thanks for that info Bebob's. The filing date for my AQ is today, I sent it last week but guess I need to send all the information I detailed and I didn't know if this is different from what is used in Court.

Hi guys, Can anyone advise if it is the court bundle I need to start preparing now once I have sent off the AQ? Is it the same information I will be using in court that I need to send to them all now? Thanks,

Reponse received from local court requesting AQ is completed. Last filing date 27-07-07, I have completed and sent 20-07-07 to the Court and SCM. Will need to start gathering my court info now I guess as I can't see Lloyds settling. Typical!

Hi there, This is the defence I received from Lloyds:- 1. The defendant Lloyds TSB Bank plc "the bank" is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has beena a customer of the Bank at all material times. 2. By opening an account with the Bank, the customer enters into a commercial arrangement with the bank for the provision od 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 cahrges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the cahrges 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 ATMs "cash machines" 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 cleared 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 therms 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 only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, 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 the 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 charges being imposed; statements show the charges, if any, the customer 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 the position, and payments such as standing orders and direct debits are refused 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. I think this is the same defence as received by others. As it states the AQ be dispensed with, I am sending a chaser letter to the solicitors and shall await further instruction from the court.

Hi all, Have now received a notice of transfer of proceedings from Northampton County Court dated 28-06-07. It also states that "the filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise". Just going to check the defence against what others v lloyds have had. I am guessing it will be the standard.

Wow, letter sent to First Direct 20-06-07 requesting refund. Letter received dated 23-06-07 and they have refunded all charges (without admitting liability of course!!). If only all cases were that straight forward eh?! Result.

Finally received details of all my charges from First Direct yesterday. Charges only come to £360 but since they are making me repay a £600 pound overdraft I think it is worth claiming. So, letter will be sent today. Fingers crossed eh?

Hello, Could anyone offer some help with this please? I have found the particulars of claim for non compliance, however, this puts in a claim for damage and distress. I don't feel particularly damaged or distressed by all this so not sure what to put in there? I would have thought that I just want the court to rule that First Direct should provide me with the information I have requested - is this the case? And if my claim is then for a zero amount (as I can't calculate my charges without this information) how would I be able to work out the court costs? Sorry if I am being dim.

Hi all, SAR sent 05-04-07, I had a letter to say they would be happy to provide this information etc, but never received anything. Also, I did have online banking but as they have charged me so much they took me over my overdraft and then demanded repayment which I couldn't make so I am now in an agreement with them and they have suspended my internet access so can't view statements online. I sent the SAR non compliance letter on 31-05-07 giving 14 days or I would seek a court order. They haven't complied. Am just about to do some searching and research what I should do now. Cheeky things, I only owe them £500 and I am sure £350 of it is charges!! RUDE.

Congratulations, I'll keep my fingers crossed for a similar result with Lloyds TSB.

Congratulations Dee.

Hi there, I filed claim against Lloyds on MCOL which was issued on 04-06-07. Acknowledged 13-06-07 so will sit back and wait again. HSBC claim seemed to go quite well really and having read some Lloyds posts they appear to be a little more difficult then some other banks. Fingers crossed. I have NatWest, Cahoot and First Direct to go after this. Thanks, Jodie

Yippee.... Letter from DG solicitors received on 11-05-07 with the standard "we are confident we would win in court but are mindful of litigation costs etc". I have settled at £1000! It has been paid into my account today. However, have since found another £400 for this year which I didn't claim at the time so will be writing to HSBC again.

AQ now received - it has to be completed by 14-05-07. I have read that some people leave it until the last minute before sending, but is it not advisable to send it ASAP in order that I am complying with the Courts orders? I have completed it already, attached the draft order etc. No fee to pay as charges are under £1500. I have also photo copied everything 5 times - original to send to Court, copy to DG solicitors and the rest for me in case anybody queries anything or claims non receipt! So here goes.....

Thanks Pete. I have read all the information now and feel reassured. I have also sent your example chaser letter to DG. Here's hoping for a settlement eh?! And then it is on to pester Lloyds, Cahoot and NatWest!!

Hi Castlebest, Sorry for the delayed reply - my internet has been down for the last few days! I have received the following documents all stapled together:- Notice of Transfer of Proceedings which states:- A defence to this claim has been filed. The claim has been transferred to the court covering the area where the claimant lives or carries on business. (The next line has been crossed out but did state:-) Please read the accompanying documents carefully and note that the allocation questionnaire should be returned to the Ipswich County Court. All further communication should be addressed to:- My local court address. N24 General form of judgement or order:- Without hearing, it is ordered that:- 1. The filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise. Note: Any party affected by this order may under rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order. A copy of the defence submitted by DG Solicitors which states:- 1. The claimants account is governed by the Defendants personal and or business banking terms and conditions. 2. Pursuant to the defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list. 3. The defendant denies that the charges applied to the claimants account amount to penalties at common law and or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999. 4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms adn conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCCRs. Further, the charges are not default charges and, accordingly, cannot amount to a penalty. 5. Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimed or any relief. So, I read that as meaning I now need to complete an AQ - What do you think? Thanks, JLS