Welcome to the club Ralphie - did you send a preliminary approach letter, or request your list of charges for the last 6 years?

Will work for cigs and booze

Right, planning on sending this to Capital One tomorrow: Might be a vain hope that Mr Udy himself will read and reply personally, but it's worth a go. Large chunks of it are borrowed from the standard prelim letter, with some bits from myself, one or two choice phrases from Bean I believe it was, and some bits directly from the OFT report

Hiya Rivendale, Didn't realise, but the N244 is actually available on the HMCourts site: http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484 Here's a suggested entry though. PART A ... I would like to ask the court permission to amend my claim xxxxxx deemed served on Lloyds TSB on xx/xx/xx. because - An error in the particulars of the claim was made regarding reclaim of interest. Part B I wish to rely on: tick one box - Evidence in Part C in support of my application - tick this one Part C I wish to rely on the following evidence in support of this application: Please refer to the attached schedule of charges as well as the amended particulars of claim.

Knocking up a prelim approach now. I'm planning to pre-empt their £8/charge offer, and also reiterate the OFT's statement about them not believing a £12 figure is a fair charge. Essentially replying to their template letter before they send it. Will be amusing to see whether they actually spend time replying personally or just use the template letter regardless

From what I understand (not had to attend one myself), once the AQs are both returned you will receive a court date for an allocation hearing. This is essentially a relatively informal chat with the judge (still advisable to turn up in a suit!) to decide which track the claim should be put through (IE: Small Claims track for claims under £5000), and to arrange a date for the full hearing. It could take several weeks for the allocation hearing date to be decided, as the county courts seem a 'little' busy at the moment for some reason :o On the other hand, it may be the case that the judge will summarily declare the allocation to the Small Claims, and go straight to arranging a hearing date. I wouldn't worry too much about it just yet though; from experience of reading a lot of threads on this forum, Lloyds settle well before you have to sit in front of the judge! That said, if it gets to the stage where you're a week or two away from seeing the judge, I'd definately start gathering your evidence and getting copies of a dossier to hand one each to both the solicitors and the judge.

You'll receive the Allocation Questionnaire if/when Lloyds file a defense to your claim. The court will post it to you

Should be within the next few days. It's usually after the AQ is returned that the current batch of solicitors Lloyds are using make a settlement offer. I'd say probably 2-3 weeks before the money's in your account

Must say I'm quite impressed. Full set of statements (although the account is only about 18 months old) turned up today!

If it helps, there is a spreadsheet available in the Bank Templates Library - the advanced spreadsheet - which Vampiress put together. May well be of help to you

Well, some of us are subscribed to your thread. I had to stop doing that, as I was getting 2-300+ emails a day!

Hi Carmel, Within the next couple of days, you will receive a Notice of Issue from the court. This means Lloyds have received your claim. - They have 14 days from receipt of the notice to file an "Acknowledgement of Service" - Assuming they do so, they have 28 days from receipt of the notice to file a defense. - Shortly after they file a defense (assuming they do so), you will receive an Allocation Questionnaire and a copy of their defense. - It's usually within a couple of weeks of the AQ being returned that Lloyd's solicitors show up with an offer. All in all, another 6-8 weeks from here assuming a worst case scenario

They have up to 14 days to acknowledge the notice, stanton. Assuming they do so, this grants them a total of 28 days from the notice of issue to file a defense. As for your query regarding what to do about being abroad as from next week - this could pose major problems to your claim. Is there someone at home who can fax or scan/email copies of the documents to you? Do you have anyone you can set up with power of attorney in your absence to handle your claim?

Looks fine hairy

Hi Steve, Can understand your concern, but settlement negotiation certainly is a good reason to contact the solicitors. Especially if the solicitors requested additional time on their AQ to reach settlement out of court, and you record the call, they wouldn't have a leg to stand on in front of the judge on that argument (IE harrasment by claimant). I'm pretty sure you should have received a copy of the defendant's AQ from the court, and vice versa - may be worth calling them to double check. Reason I believe this is for purposes of verification on the documents relied on for the claim/defense.

I believe you should be fine - the current state of play for SC&M (Lloyds' solicitors) seems to be to offer a settlement around the point of the Allocation Questionnaire being filed - which will be within approx 5-6 weeks of you filling your claim. This does assume they file a defense, which in one or two cases they've slipped up on. One thing I intend to do should my round 2 progress to that stage (in other words, one thing I will do) is check to see whether Lloyds request an additional 30 days to reach settlement on their Allocation Questionnaire. If they do so, I'll be straight on the phone to SC&M saying "Well, you want to reach settlement. So settle me."

Thirded - once round 2 is dealt with I'm going to be straight out the door

They do like to rattle their sabre a lot Chris, however I'm only aware of two cases in which they have done so in threads on this forum - I'll see if I can dig them out later. In any case, there are grounds for filling an injunction against them closing your account should they attempt to do so. They have to give you 30 day's warning for a start, and will essentially be breaching their contract (aka "The Banking Code") if they do not. Likewise, if they call in your overdraft they will be putting their foot firmly in their mouth. As your account will be in dispute at the time, should they attempt to call in the overdraft again they are breaching the Banking Code and I believe civil law (? not sure on this last point). It's explained much more fully in the other threads. I'll have a nose around.

Serious stuff over. I want cake.

Jesus H Christ people. I think we all - Surly, Mods and Pinks - need to take a step back here and remember exactly who we're fighting and what we're doing here. I'll be the first to admit that Mod and Pinks can make mistakes. This is not an admission that we have - I wouldn't want to put words in other people's mouths. Neither will I ask the Mods or other Pinks to step up and swallow it down. Neither am I going to post here any comments made privately, or the contents of any private messages. That said - one thing I want everyone to remember. This site is 100% voluntary. Some of the Mods/Pinks are more experienced than others with these type of forums. Some of them have a much tighter policy on rule infringements than others. With this type of setup, this number of users and this variety of posting, I will certainly twitch an eyebrow or two at anyone who will insist on an absolutely postively 100% consistent moderation and rule enforcement. That said, on the flip side of the argument the efforts at alienation weren't entirely one sided, Surly. Some of the comments you left in your personal profile, certainly, could only be aimed at enflaming Mods and Pinks. Yes, I can understand you feel aggrevied over the moderation in your post about JJ. I won't state my opinion on whether the application of the rules was correct in this instance. However, to quote Mahatma himself: "An eye for an eye makes the whole world blind". Likewise, removing the scanned copies of letters from your host end so that it appeared your letters had been edited out by a moderator was similarly uncalled for. I can't comment on what happened to your signature or to your private message box; when I attempted to send you a PM I got bounced out with the message 'The user has selected not to receive private messages, or the capability to do so has been removed from his account by a moderator'. One thing I do know for sure is that no moderator informed the rest of us they had done so - whether one did without telling us or not, I do not know. I do not believe any of them would have done so. Suffice to say however, that your advice and character of posts is appreciated and greatly received Surly. I sincerely hope that you do stay with the CAG forums. Certainly, I am aware of at least two pinks who have suggested quitting the forums altogether over this whole débâcle. Whether they will or not I don't know - again, it's down to them and I don't presume to comment on their behalf. Lastly, please note I am not trying to justify anything in this post. For the record, I supported you in conversation with the Mods/Pinks - I even recommended you as a Pink. Which suffice to say, means I hold you in relatively high regard. By the same token, I hold the Mods and other Pinks in a similarly high regard - without them, this site would not even exist, and I sincerely doubt I would have been able to get my money back from Lloyds TSB as 'easily' as I did. Now, can we all put this behind us and get back to the task we are all here for?

Yes, you can, although needless to say don't make it a wildly inaccurate estimate, as the judge will probably laugh in your face You may also want to make a note in the particulars of claim that Lloyds have failed to comply with a Subject Access Request under section xx of the DPA, and have therefore forced you to estimate the figures, etc etc. You may want to lay out some reasoning behind you reaching the estimate (EG: Based on this number of months for this amount, therefore extrapolated back 60 months = this figure). That way Lloyd's solicitors can't squirm out using their current favourite 'claimant has failed to provide a calculation' argument.

Blimey, I did something right?

Yep, generally speaking the best course of action to get a UK branch telephone number is to call Bangalore (or wherever their Indian callcentre is located)... Funny old world aint it

Hi Stan, Overdraft interest is a sticky area. Some people will advise you to go for it, others will tell you to stay away for simplicity's sake. Personally, I'm one of the latter. You can't, unfortunately, arbitrarily claim for the full overdraft interest you've ever been charged - the interest on overdraft amounts which are from valid overdraft usage are unfortunately lawful, so if you attempt to claim them back your case could get struck out of court. However, if you claim for the o/d interest proportionally to the amount of overdraft which is down to penalties then you will be okay. As an example, say you have a £100 o/d up to the limit, and you are charged £10 interest. £70 of the overdraft is legitimate, £30 is penalties - you could therefore claim £3 back. Personally, I ignored the o/d interest and just went for the 8% in my first claim.

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