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  1. Yes! You were right! The next day the settlement letter arrived for the full amount claimed! What a relief! My only concern now is that the settlement letter says I must arrange a review at my local branch. Should I arrange one and then just cancel it after they've paid the money? Thank you so much to all those who haev guided me through this process.
  2. Thanks everyone, that's very reassuring. I'll be lurking ready to leap out at the postman tomorrow then!
  3. Hi everyone, cOuld anyone advise me please? I am claiming back £300 from LTSB and have got as far as being issued with a court date in August. I have submitted my bundle to the court and SC&M. SC&M have until 12th July to submit theirs. Today I have received a letter from SC&M (the first communication I have had from them). I am a bit puzzled by the letter. It says: We have been passed a copy of the proceedings that you have issued against our client in (local) county court. The bank will be defending theseproceedings on the following grounds: 1. The fees that you seek are properly incorporated into your contract with the bank. 2. By making payments...from your account where you have insifficient funds to cover them, you are making a request to the bank for an increased overdraft, which the bank may meet or decline. If it meets your request, you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has beena breach of contract, and there is no breach of contract here. looking ahead, a situation whioch gives rise to a dispute is not one the bank wishes to continue. In view of this, you are requested to make contact within 14 days with your local LTSB manager to review your account. A review may be useful to consider whether your current banking arrangements are the most appropraite to your needs. We await confirmation from the bank that this action has been taken. Is this the usual procedure with SC&M? Does it mean there is something in (or not in) my bundle that has made them do this? Or is it a stalling tactic to delay submitting their bundle? Should I contact my local manager? And what willbe the purpose of the review? I am not bothered about them closing my account as I have another account with another bank, but it is very inconveneient for me to visit them as I have two very small children and no child care. I have had to take them previously (when they last asked me to have a review 2 days before Christmas when I had to struggle in to town with the kids, nowhere to park and no time to do all the Christmas things I needed to do. Just to be told everything was fine Grrr! Anyway, I digress!) I am finding this all very stressful so any advice anyone could give me would be appreciated. I thought as the claim was quite small they would just have paid up by now.
  4. Thank you, that's very helpful. We have a court date in August so I will write to the court. Should I also write to SC&M? I am still hoping they will pay up before it reaches court. They have had our bundle for 3 days now.
  5. I have been completing a claim against Lloyds on behalf of my wife and we now have a court date in August. If we do get to court, I would like to represent my wife as I have a better understanding of the arguments. Is this possible and how do we go about it?
  6. Thank you, but wouldn't you know it, today I received my court date! It's 17th August. The letter says I have been allocated to the small claims track and it is estimated to take one hour to hear the case. It then says that within 3 wks I have to send the court and SC&M: 1. A schedule of each charge (fine). 2. A statement of evidence, if such is to be relied upon, in support of the claim... Is this the court bundle? Sorry if I am being thick!
  7. How long is it until you receive a court date? I received a copy of LLoyds' defence about 6 wks ago and then confirmation that the case had been transferred to my local court and the AQ was to be dispensed with about 4 wks ago. Should I have had a court date through by now?
  8. Thank you GuidoT. Rosielion, I haven't heard anything from Lloyds' solicitors either. The only communication I have had with them is a copy of their defence which I think they send to everyone. I don't know if you have considered this, but I have sent them a "nudge" letter recently (there is a link further up this thread I think) which is just another opportunity to try to get them to settle out of court. I haven't heard anything back but am going to send another similar letter in a few days as that way it shows I am making the effort to resolve it without court involvement. Don't know if it will help but I thought it was worth a try. I haven't had my court date still.
  9. Thank you, simonjohn. I was hoping I would not have to respond to point 7 of the defence as I have not really received it. Better safe than sorry though. I read a thread a while back but can no longer find it, that suggested at this stage it was worth sending Lloyds' solicitors another letter asking for settlement before court. Does anyone know where I can find it (or does anyone think this is worth trying?)
  10. Great, thank you. I'll have a look when the kids leave me alone!
  11. Hi, this has also happened to me and I was a bit perplexed by it as it was not what I was expecting. I've been told it's becuase the courts are getting bogged down with having so many cases like these to deal with and it's to speed up the process. I haven't yet had my court date and have not had to pay the fee as my claim is only for about £300. I think you have to pay it if your claim is for over £1500 (but don't quote me!)
  12. Hi Rosy, it's nice to know I'm not alone! It could be that Lloyds' defence in my case is also meant to be 9 points but at point 7 the paper runs out! I don't yet have any notification to say I am being fast tracked but am also finding the thought of creating a "bundle" very daunting. My husband claimed from Natwest earlier in the year and they just paid up straight away so I stupidly assumed Lloyds would do the same. Just my luck! I just hope they give you plenty of time to prepare the bundle before you need to submit it. Good luck anyway, and feel free to piggy back away!
  13. Thank you, but don't I need to argue my case if/when it gets to court? I have read some points regarding the "cloaked penalty" issue but don't know where to look for material to help me argue Lloyds' other points.
  14. Thank you, it's reassuring to know this is just a standard reply. I would be really grateful for any hints as to how to respond to each point. Is there a link or something?
  15. Me again. I've been reading other posts and it seems other people are posting specifics so here goes: On the Defence & Counterclaim form Lloyds have written: Defence 1. By opening an account with the bank, the customer enters into a commercial agreement 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... By using the account, the customer acknowledges that the charges 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 include but are not limited to providing: cheques, bank statements, direcet debit/standing order facilities, cash machines. 2. By maintaining the account in credit, or within any agreed limit with the bank, the customer may avoid most if not all charges. If the customer fails to ensure there are sufficient cleared funds in the account to cover payments... the customer makes a request to be made from the bank's own funds. If the bank makes payment or returns a payment, it provides a service... and makes a charge in accordance with the terms of the contract... 3. 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. 4. The customer is given advance warning of charges being imposed... 5. The charges are fair and reasonable and it is denied they are unlawful. 6. The customer is notified of the charges in plain intelligible language ... 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 Customer Contracts Regulations 1999, are not subject to the assessment of fairness. 7. In the premesis: What does all this mean (especially point 7??!!) and can I argue my case?
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