Thanks everyone for the above information. This is really helpful. As for a counterclaim all I have received is their defence. I do not owe Lloyds TSB any money. My account is in credit and I only have this account with them. The interesting bit is in your defence DJ Tazzz you put in there about "if you make mistake" they dont charge you the first time in the year. I have not incurred bank charges since 2003 until now. It was my first time in 3 years and they charged me. Its also not as if im claiming a lot back, my total charges since I opened the account have been £80. Here is a copy of the defence they sent me: Claimant Defendant DEFENCE 1. The Defendant Lloyds TSB Bank plc ("the Bank") is a Bank is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN.. It is admitted that the Claimant has been 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 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, currently in a Leaflet a guide to our banking 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 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 terms 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. I f you want to use a service that we haven't listed, we'(( tell you the cost of that service before you give us the go-ahead". 4. 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. 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 charge 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. Hope this helps everyone as this defence looks different to what other people have received.

Hi I need some help please. I am now as far as receiving an Allocation Questionaire along with Lloyds TSB defence. I have to return the AQ by August 8th along with my own defence. I have read info on money saving expert website and and on here and cannot seen to find anything to help me with a defence. Lloyds have not yet paid the court fee. and only have 10 days to do so. I am just a bit worried as to how far this will go. The solicitors dealing with lloyds are Sechiari Clark & Mitchell, Brighton. Just need some help with what to write for a defence or do I need to ring the solicitor up to see if it can be settled out of court. Just not sure what I need to do next. Many Thanks