Schedule 2.1 E.

Good to hear your story ussff, like many here it sounds as though you've fallen afoul of what amounts to the cartel of 'do-as-you-like, charge-what-you-like' banks. Unfortunately your story is one of many which I for one have read through the Lloyds forum in particular. The boot's on the other foot now though. We're with you every step of the way

Good stuff

Erm - hold on one second. I obviously don't want to worry you, but I've seen a couple of other cases recently with a similar defense that have made my desk start whimpering in advance of it meeting my forehead. Any chance you can paste in your Particulars of Claim for us to see? As in, the block of text (as it should be) which you used when initially filing the claim with Moneyclaim online. It could be that there's an error in there which SCM have picked up on, as they do seem to nitpick on every single point they can.

Can't say for certain, obviously, but from what I've read - Sechiari Clarke & Mitchell seem to contact Lloyds about a settlement around the time the court issues a date (after the AQ is returned). You then have to wait for Lloyds to get their rear in gear and tell the solicitors to settle for the full amount, and THEN you have to wait for the solicitors to get through their stacks of other settlements to get back to you!

Just time dragging out waiting for my list of charges/statement copies back from Lloyds now lol - got my new letter and everything else ready to go

Hi Tracey, That's correct, as they state it's their final response then you do not absolutely have to wait the 14 days. I have to admit I got impatient myself and didn't wait, which had no negative comeback on my claim. However, I will say that it's advisable to wait the full fourteen days from sending the LBA to filing your claim. Heavens forbid, but should your claim ever reach a judge you do want to be seen to following a set schedule and providing them with sufficient time to 'change their mind'. Even though we know there's sod all hope of that as they're too busy sticking their head in the sand.

Shouldn't delay things too much, however there is a non-reclaimable £35 to amend the particulars of claim.

Good stuff. Believe the county court will be closed over the weekend, so get ready to file for that judgement monday

I'd go ahead through moneyclaim with your new correct figures, and stick to them from now It will be worth sending Lloyds a note stating that "After review of my account data, I have amended the figures I believe you have taken from me as a disproportionate penalty. This figure is now £xxxx.xx, and an updated schedule of charges is enclosed. I am writing to inform you that a claim has been filed online with Northampton County Court, claim number xxxxxxxx..." Should cover your back

Yep

Hi Johnpaulstone, Did the two different account types share the same account number? If so, Lloyds may well be in breach of the data protection act, assuming they fail to provide you the information on the earlier account type within the 40 day period. If, however, it's a different account number - then yep, another £10.

Good stuff

Hi mb7533, The standard particulars of claim are listed in the Bank Templates Library for you to use as a basis on entering your Moneyclaim online particulars of claim. As an example, I've pasted my own here from my first claim back in June: As you can see, this is fairly different to your own particulars of claim. The above lists the individual sections, and more importantly the reasoning you believe those charges are unlawful, and why you are therefore bringing the case. It also includes a calculation of the figures you are recovering. Your best course of action, I think, would be to contact your local county court once the case has been handed over to them by Moneyclaim. Pop in and visit them, and fill out an N242 (I think it is - amendment to claim form), and a new N1 (for the particulars of claim). That way Lloyds will have no comeback to say as they have for this defense that you haven't followed the Civil Proceedure Rules.

I used the Customer Care Centre address, if I remember right, but any registered business address for Lloyds TSB will do - even a branch address. Yes, you can add penalty charges you may have missed or been charged over the 28 days you sent the first two letters to your Moneyclaim online. Lloyds will receive a copy of your claim filing, which will list the details in any case It may be worth sending them an updated schedule of charges however - the courts may wish to see a copy too, but for that matter I didn't send Lloyds or the court a copy of my schedule of charges. However, SCM, Lloyds solicitors, tend to pick up on any minor point such as this - so it'd be worth your while doing so.

Hi Duradrum, Might be worth you reading some other threads on people's efforts on getting their bank charges back from Lloyds - in almost every single case, Lloyds file a defence. The court will then send you an allocation questionnaire, which needs to be returned. Around the time of the court date being issued, you will more likely than not be contact by Lloyd's solicitors and offered a settlement figure.

Earliest ones first is fine I'll be doing the same with my round 2 effort when the statements come in.

Heya Saj Looks things are progressing more or less well anyway - don't be disheartened, you're nearly there Personally, I'd keep chasing them. Reading up on quite a few other people's threads, it seems to be around this point where Lloyds instruct SCM to settle - although of course SCM 'forget' or 'accidentally bypass' the settlement letter until later, more likely than not because they're so busy

Hi FW, Best bet in my opinion would be to contact SCM direct - give them a call - and get them to add the charges to your settlement offer. Lloyds added a £30 charge to my own without me even needing to ask - although they waited until the claim was settled to sting me for other charges which would otherwise have been applied at the same time!

Pending the data back from my S.A.R - (Subject Access Request). Anyone would think I'm impatient

Yep, without a doubt you can. However, bear in mind the Statute of Limitations - only the previous 6 years in England/Wales and 5 years in Scotland.

Did you receive a copy of the video of the bailiffs going into the branch?

Good stuff. I suggest you proceed with the claim then - have you been given a court date yet? Hell, it may even be worth drafting a letter addressed to the solicitors, and sending copies to Lloyds, the Solicitors, and the County court. Something along the lines of: ... or something to that effect anyway

I'd file it first thing in the morning on the 13th, myself - just to be on the safe side. I believe the information should be available on the MCOL site, though?

No, you can't claim them. Overdraft Interest and Account Charges, as much as we may dislike them, are valid charges applied to the account in payment for a service the bank provides you. IE: The Account Charge is in return for them allowing you an account + services of a given type, for EG. The overdraft interest is in return for them granting you an overdraft in the first place.