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maundy58

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  1. Thanks everyone...Chris, I did have to send my court bundle off - my court date was 13th March. If you reach back into my thread, you'll see the links to all the info you require. Good luck and stick with it, you're almost done. Regards David
  2. Hi all, I doing this on behalf of my wife who's had quite a few charges from Barclays bank over the years. I sent off the request for statement and manual intervention a few weeks ago and received them back this morning. I'm a little confused. I can see where they have charged her £20 for an unauthorised overdraft. But then after 7th September 2001, I can't see any unauth overdraft fees...but there are several entries listed as, paid referral 1 @ £20, and it goes on. Is this Barclay's speak for unauthorised charges? Many thanks for your help. Regards David
  3. Hi all, Just got a letter from SC & M this morning. Informing me that their client will be settling in full - £1, 648!!!! Wonderful news. In the 5 or so months it's taken to claim this, I've managed to rack up another £400 worth of charges. Has anyone taken their bank on for a second time? Regards David PS donation inbound ASAP!!!! Thanks to everyone at this site for all the help and advice.
  4. Michael, So do I need to send my statements in, and if so is it just those with the charges noted. What about the other stuff I listed? Regards David
  5. Hi all, Just getting my last bits and pieces ready to send off to the court and SC&M. This is what I've got - can someone advise if this is OK or not. The court date is the 15th March. STATEMENT OF EVIDENCE - From the forum. The Court bundle from the site, which includes my schedule of charges that the bank sent out from my request, and the relevant case law. My letters and the bank's replies to my request for a refund of bank charges. Money Programme research into cost of bank charges Media release regarding Austrailian banks making hundreds of millions of dollars each year from unlawful fees OFT's report on credit card default charges Myself and the Bank's allocation questionnaire. The Bank's defence Have I missed anything out, or do you suggest I add anything. I noticed in the basic court bundle it mentioned statements. Do I need to include these too? I have no originals, only the one's the bank sent me. Lastly, I was going to present it in a tabulated folder and label each section accordingly - would that be appropriate? Last hurdle for me, so I don't want to make any mistakes. Kind Regards David
  6. Thanks Gary, It looks very good indeed. Regards David
  7. Hello all, Well, got my court date through this morning - 14th March 2007 at 1400. Just going to do some reading on the forum as to what I need to send to SC&M and the court; as the Court letter asks for copies of all documents on which we intend to rely on at the hearing. They also want a statement by each party and any person who is to give evidence. Regards David
  8. Hi all, I have received a copy of the Defendants Allocation Questionniare from Sechiari, Clark and Mitchell. The have asked me to acknowledge safe receipt and a copy of my AQ...presumably I need to do this? Going through the questionnaire I have noticed in section D, WITNESSES, they have put 1 in the box - what other witnesses can they call? In the experts section E they have ticked "no". Is this a standard AQ reply from the defendant? They are unavailable all of December - I was expecting that. And in section G, they have put "the defendant intends to rely on its defence and the terms and conditions that govern the account". I just wasn't expecting to see a 1 in the witnesses box...can anyone advise please? Regards David
  9. Hi guys. Thanks for the response, I'll have a look at those threads shortly. Barty - I believe it's the standard Lloyds response. A few snippets are as follows: 1. The defendant Lloydstsb Bank PLC is a bank whose office is 25 Gresham st London. It is admitted 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 provison of banking services....At account opening a customer is provided with details of the banks charges. 3. By maintaining the account in credit, or within the agreed limit, the customer can avoid most, if not all the charges....there are normally no charges for everyday banking at LloydsTSB... 4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that a charge be a pre-estimate of the Bank's loss. 5. 6. The charges are fair and reasonable, and it is denied that they are unlawful. 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 charges, which are fair and reasonable. 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. Does that sound like the standard response? Regards David
  10. Hi all, I was suprised by the post this morning. It was from the Court and had Lloyds defence and an Allocation Questionnaire enclosed. From reading the threads it seems like the standard response. However I wasn't expecting anything back until close to the 28th Nov - as the claim had been served on the 1st Nov. Anyway, the enclosed letter from the court read: You have already been sent a copy of a defence from the defendants in this claim. The time for all the defendants to file their defences has now elapsed and I am enclosing an allocation questionnaire for you to complete. No further defences have been received. You must complete the questionnaire by the 4th Dec. So presumably things have just moved a bit quicker and I should just fill in the allocation questionnaire and send it off ASAP? With that in mind...and I need to read some threads on how best to complete the questionnaire - is there any recommended comments I should put in section G...information you consider will help the judge to manage or clarify the claim....? Regards David
  11. Thanks Barty...yes I've been reading the threads, I suppose it's just a matter of being patient...I'm going nowhere, they're going to have to deal with me eventually. David
  12. Hi all, Got the acknowledgement back today. Lloyds filed the very next day! 2/11/06. (Solicitors - Sechiari Clark & Mitchell) So looking at the other threads, am I right in thinking...28th November last chance to file a defence. Last minute defence from S C & M...Court AQ...Court date...hopeful settlement? Regards David M
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