Hi Barty, I did inform the court that the main part of the claim was settled but they had not paid the interest of approx. £40 and I don't think they paid the court fees, but I will have to check the latter. What is my best course of action now? Mum :?

Hi Everyone, I never thought I would have to revisit you after winning a claim for my son, see http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26767-mum-helping-son-lloyds.html. Why is it we always seem to received worrying letters at the weekend when we can do nothing but sit and stew about them until Monday. I have today received a letter from the court stating: Upon the Claimant not appearing and the Defendant not appearing EX PARTE it is ordered that judgment be set aside. Date order made 18/06/07. Order drawn 26/06/07. I do not understand what is going on bearing in mind that the last letter I had from the courts, in January, stated (on a General Form of Judgment or Order): Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it IT IS ORDERED THAT 1. The Defendant having failed to file documents as set out in the Order of this Court dated 1st November 2006 within 56 days thereafter or at all, the defence is struck out in accordance with the provisions of that Order, and accordingly the Claimant may enter Judgment in default. Dated 24/01/07. Judgment form was sent to the courts on 02/02/07. Has something happened recently to change the banks approach? Can they take back what they have already paid out? I am worried that my son may suddenly find himself overdrawn by over £1,000. Do I need to get him to change banks urgently? An extremely worried Mum.

I don't mean to appear stupid, but how do I change this thread to read Won and for it to appear in the successes section, or does someone else do that for me? Mum

Get out the champage, pop those corks - We've won. On 24/01/07 the Judge struck out the banks defence and cancelled the hearing, he gave us judgement in default. Then yesterday my son rang me, he was jumping up and down with joy as the bank had paid up everything except the interest accrued since filing the claim. Thankyou so so much to all of you for your help along the way. And loads of good luck to everyone who's claims have not yet been settled. Donation is on its way. One very happy Mum.

Just a bit of info. to bring you all up to date. Lloyds TSB have not complied with the Judges requests, their deadline to submit the info was the end of December. I waited for some contact from the court but nothing came in the post, so I rang them on Thursday to check if they had received anything from Lloyds, apparently not. But they then told me that I needed to write to the Judge to inform him/her that the bank had done nothing. If I had known this I would not have sat on my cute backside waiting for a letter that wasn't going to turn up. So I quickly typed up a letter to the court and delivered it by hand on Friday. My only question is - does this mean we have won the case, or do we still have to go to court on 31/01/07. The Judges words were - If the Defendant fails to comply with this order, the Defence will be struck out without further order. :lol: PS: Did anyone see the BBC news this morning about someone who had actually sent in the Bailiffs to RBOS, they had seized computers and the till at the local branch, but the manager stepped in and promised to pay up. The BBC news team were on our side. :lol:

Have had a hell of a week but eventually managed to finish statement of evidence, sent yesterday (14th Nov) by guaranteed next day delivery. Thanks to Gary H and Wolfcub for your threads, you have been so much help. Thought I would have a bit of fun today so rang SCM and asked them if they would be attending court on 31/01/07 they said they can't comment on that yet as they have not received the court papers. I also pointed out that I had not received a copy of their AQ to which they got shirty with me insisting it had been sent, but have now agreed to send it out again. All in all the response was as I had expected. Forget to get his name though (had a senior moment!). I had hoped that they might offer settlement when they saw the small amount involved (£1,031 before fees and interest) but not to be. As for the rest of my week, some guy in Nigeria decided to use my Ebay account to go Phishing and when I finally got Ebay to restore my access I had been banned for life and had 100+ illegal bids on there. I still have people chasing me for money (didn't know about it for a while because he had changed the email address on my account). Luckily my Paypal password was different to my Ebay password so I didn't lose any money, but spent all weekend changing all passwords I could think of just in case. I am at a loss as to how he did it, I never respond to phishing emails. Got throuh a hell of a lot of wine this week!! Enough moaning, here's hoping SCM don't receive the court papers, won't meet their 56 day deadline and we win Mum (hiccup)

I did the same as Walgrave, I dealt with all the correspondence, but got my Son to pop in and sign everything. If we go to court I will brief my Son as much as I can beforehand ( I didn't have the same foresight as Walgrave here). Haven't told him we have a court date yet. As for SCM, I haven't had the need to call them yet since my Son's letter. Don't relish the task either, looking at how they are treating people who try to contact them. GaryH, thankyou so much for your info. Never expected it to be as detailed as that, will spend time on statement tomorrow. Walgrave, Congratulations!!! (Whoop, Whoop, Whoop) A big hug to all of you.

I have now received a Hearing date of 31/01/07. The letter has an attached order, but I do not understand some of what is being asked of me. I have 28 days from 01/11/06 to submit the details. The letter reads as follows: The Claimant shall by [28 days] file and serve: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and alleged reason (if any) for that charge being made; (Do they mean the reason stated on the bank statement eg. Unpaid S/O) b) Copies of any statement or other document relied upon as showing that each and every such charge has been made; c) A statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties. (I haven't a clue what I should do here ) If the Claimant fails to comply with this order, the claim will be struck out without further order. The Defendant shall by [56 days] file and serve a response to the Claimant's schedule, stating in respect of each item claimed: a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not, why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trail as to what the true cost of dealing with the matter was. If the Defendant fails to comply with this order, the Defence will be struck out without further order. Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the Court and the opposing party. Any help/guidance would be very gratefully received.

I have now managed to calm down after dealing with the Royal Mail's incompetence. I had scanned a copy of the AQ into my computer before I had delivered it to court (I new I wasn't stupid ). So I printed off the whole set of letters and AQ again and sent them guaranteed next day delivery, costing just under a fiver (and this has been delivered, phew!!). My son has also written to SCM to enable me to speak to them. I also asked my local postie what happens to recorded deliveries if the address is a PO box and I was informed that a member of staff from SCM would actually travel into the main sorting office for that area and pick up the post (very strange then that first letter went missing ). I have had no correspondence from SCM for at least four weeks. I have not received a copy of their AQ, but yesterday I came home to find a letter from the court on my mat. It reads:- As a result of an order made on 25/09/06, this claim has been transferred to the Leicester County Court. On receipt the file will be referred to a procedural judge who will give directions for the management of the case. I find this a little alarming as I have already been transferred once to Melton Mowbray and I am now wondering if SCM have made this request and are actually going to attend court (as it is easier for them to travel to Leicester than Melton Mowbray). Worried Mum

I can't believe this, I am so annoyed!! I returned my AQ to the court on 1st Sept and sent SCM a copy by recorded delivery with additional copy letters. Since then there has been no correspondence, so I used the Royal Mail tracker on the internet, but it couldn't find POD. So I phoned Royal Mail who kindly informed me that the letter must be missing, and I have to waste time writing them an essay to claim any money back. I then phoned SCM to try and find out if they had received the letter (bearing in mind that they have spoken to me before), but this time I was kept on hold whilst they went to look for the file and then came back to say they had no authority to speak to me, at which point I lost my temper. I will now ring my Son and ask him to call them and give me authorisation to speak to them. The only problem is that I cannot send them another copy of the AQ as it is now with the courts.

Thankyou so much Elsinore and Walgrave. It's comforting to know I am not alone. Have lost some sleep over this and my son would never have coped, he'd have backed out long ago. :o Walgrave, best wishes to you and yours too. I hope your battle is over soon. Mum

Hi Everyone, Firstly, a huge thankyou for all the useful info. posted in the forums. I started the process against Lloyds for my son on 26th July, he was on minimum wage and working part time when most of his unfair charges were received, he also experienced some weeks where his payroll was paid in on a Friday (when it would normally be received on a Thursday) and he could not cover his car insurance payments (these are always crippling to a teenager). I have just received AQ N149 plus defence from Sechiari Clark and Mitchell in Bristol. Things are now starting to get scary. In their defence Point 2 says - The Defendant will object that the Particulars of Claim in this action disclose no reasonable cause of action against the Defendant and makes no allegation against the Defendant as to why the Defendant shoul be liable to the Claimant. Then Point 3 says - The Particulars of Claim do not comply with the Civil Procedure Rules as (amongst other things) they do not show how the sum of £1,031.01 is calculated and the Particulars of Claim are too vague. The Statement of Claim shows no reasonable grounds for bringing the claim. I had presumed that the person I had addressed the original letters and spreadsheet info to, would have forwarded everything to the solicitors. There is no facility using Money Claim online to use attachments. Is it worth me calling the solicitors and offering to email them the information they seem to be missing in Point 3? And what do I do for Point 2? Please help.