Well got the NI back from court, as deemed served on Lloyds, and on same day a letter from the courts saying they intend to defend, and have 28 days from the 5th of December. No doubt they will be applying for a stay, will keep you posted as I can. Op's

Just a little update. They confirmed in the end on the phone, that all they had was the application form. They haven't responded in writing at all to date. We also sent a letter saying it was unenforceable, and gave them 14 days, to return any payments submited as we didn't recognize we have a 'debt'. That 14 days has also now passed and no response, so I am uncertain as where to go now with this. They phone about non payment of the last month, and after talking to loads of people including India, finally got them to agree to no more phone calls, but letters would still arrive. I pointed out they were in criminal blah blah and read what they should not be doing about adding interest etc. Which by the way they didn't apply this month, however, they did add a late payment charge. Any advise please? OP's

NI filed in court yesterday for the bank account. Did it on the benefits area, so will wait and see if it gets stayed or heard. Credit card is another area, will post under the thread I have there, as I am a little stuck. Op's

Hiyas all I noticed last night, some changes to my online account (some credit and a debit) and lo and behold a letter when I got home tonight with their offer. Full refund of fees Purchase interest 8% stat Court costs. Wasn't the CI I was hoping for, but i had a feeling I hadn't added in purchase interest and I should of, so that was a nice bonus. Happy to take the settlement, will wait to receive cheque and clearance before letting the court know. Donation will be on the way following clearance. Thank you all for your help, advice and support. OP's

Thanks folks will cross my fingers

I had a response from court, saying they intend to defend all of the claim OP's

Hiyas I did get a copy of my original application form. Weighing up the two options I felt the charges would be more beneficial than going for unenforceable. I also did a credit check on myself and I don't have any defaults, so really my account with them is in ok condition, but they sure charged me enough in charges over the years. I think they will reject my claim though, and will probably reduce this by the amount they paid out already as I claimed the full amount (I got very confused trying to file my NI), they may try and pay the stat interest too and not the ci. We will see, I will keep an eye on my account online to see if they credit it, and hopefully will get a letter shortly after. OP's

Got the form back from court, deemed served on the 6th November and they have until the 20th to defend. Op's

NI filed in court today, very nice lady too. No mention of things being stayed in our courts, but when I asked how they are proceeding, she said some bank cases get stayed and others don't and it is dealt with on a case by case basis. I highlighted the word CREDIT CARD, so hopefully the judge shouldn't stay it accidently. Anyway, now the wait, and cross fingers I filled in the form correctly. Op's

Thanks SSL. I might put off doing the N1 for a month. I tackled the one for Capital One today, and it did my head in....and I have to say it did get me down, all the posts say how easy it is, but I didn't find it easy at all. Although maybe the banks one is easier as it is the standard 8%. I dunno... op's

Well this bunch is now in default of the CCA not really sure where to go with them. I sent a reminder which was up on the 30th

Ok think this is sorted now, will be going tomorrow.

and is this bit ok? 19. The Defendant has not repaid them in full but made a partial payment of £206.00.

Also does this look right for poc? 19. The Defendant has not repaid them or any of them. And the Claimant claims: (1) A declaration that the sums totaling £604.00 have wrongly been applied to the Account (2) Payment of the said sum of £604.00 applied by the Defendant thereon. (3) Interest under section 69 of the County Courts Act 1984 at the rate of 35.6% per annum from the date of payment of the Charge to date in the sum of 995.23, and at the daily rate of 35 pence until judgment or sooner payment. (4) Court costs of £85.00.

Ok....well maybe I am being a bit thick. But I am doing my N1, as I can file today. But I am stuck...please advise. I am going for CI .. I am stuck on this bit: Plus interest pursuant to County Courts Act s.69 from the date of issue to the date of judgement at xxx pence per day or at such rate and for such period as the Court deems just.. How do I calculate the daily amount...if I do it at 0.00022, is that for 8%, my interest is 35.6% what would that be at a daily rate please? Op's

Received letter today responding to my LBA, saying last letter was final response etc, and they did everything they should of etc. NI next, will have to wait a few for pay day op's

Response to LBA received on Monday (22nd). Just saying normal blurb...OFT this Oft that. Next is N1 I think...so will put that in week after next once I get my bonus cheque (now it starts to cost me). OP's

Statements arrived today. Will be sorting out Prelim and spready over the weekend. OP's

The interesting thing I guess is .. I applied for statements and they refunded....I haven't accepted or even asked for charges back..they have assumed and refunded. I still don't have the statements, but a list of charges. I was purely at the investigation stage, ...ask for statements and ask for a copy of the CCA. I havent put in a Prelime yet! I haven't acknowledge a debt or accepted the charges yet. op's

thanks for the response Mistermind. After LLoyds said what they did, we went to Nationwide to see if she could open an account and she was turned down....now this is what amazes me.. My sister kept her account clean for several years, then through the last year had issues and that was just with Lloyds, she has no other accounts, no other debts..yet this is the way she is treated and it worries her a lot, being on DLA for depression / stress does not help. Fortunatly, we have a joint account, so we have moved everything to that account today. As far as her credit card is concerned, it looks like it may be unenforceable, but we will wait and see, we haven't gone after charges with it yet, think that is taking a different direction to her main account. However we did change the contact phone number to my mobile and put myself to speak on her behalf. What really amazes me...is that after years of banking with Lloyds how uncaring they are of their customers...there wasn't a how can we help sort this out or nothing like that...it was purely defensive...'this is the banks view'. The real funny thing was...when we went to the bank today the adviser...a nice woman, said basically ..you are on benefits and we cant touch your money, i know this, then after a phone call how that really changed... And...if she files for right of appropriation they will close her account with a £2k overdraft...but we cant say close the account...and they would then say..we cant do that because of the overdraft...it's going to be a rocky road with the Lloyds..and i need to spare my sister of this pain as much as I can or it will break her...and heaven help the bank if that would happen. OP's

Well two things really. The first is that they didn't refund any interest. But also, if they do not have a true copy of the agreement, then the actual debt is unenforceable. We will see where this one goes. Op's

Ugggg Went into Lloyds today re bank account and to give in a letter for 'Right of Appropriation', and they stated if we handed in the letter then they CLOSE the account in 30 days and this was now their standard procedure. So we didn't hand it in. Then they went on to say that the official standing for Lloyds and people on benefits does not stop them applying charges to their account. /sigh disappointing response to be honest. LBA sent today though, before we went in to do Appropriation letter. OP's

thanks Wendy for your help .... Getting closer now.

Should be able to send in my NI on 31st...Halloween How ironic! Haven't looked at the NI form yet, guess next few days I need to start getting it all ready How are people ensuring the courts dont get confused and making sure they know it is a credit card and not a bank? OP's

No response from them. LBA going off today. OP's