Nah, I think I've got a pretty good chance of winning this if they are silly enough to take it all the way to trial, after all if there were any merit at all in doing so, Lloyds would have done so during the 5 or so years they held this alleged debt, before selling it for a song to these chancers. .

LOL Thats strange though? The picture files looked plenty big enough prior to attaching them? Hows this?

Thanks Andy for your last reply Received yet more mind games from Carters today, your analysis as always greatfully appreciated

Latest Developments Received two letters from Carters My defence was accepted, no default judgement had been entered and no such order had been made. This was a blatant lie..... can they be taken to task for this? Comments please??

OK will do, I'll let you know how things progress Thanks once again

Phew thats a relief!.... Yes the vast majority of it is derived from your own hard work To which I owe you a million thank yous' :thumb: I have my figures but I think its probabaly best to put the counterclaim on the backburner for now whilst I fully familarise myself with any complications. What do you think?

I'm having the same problem too. How many post do you need to activate the feature?

Good Morning Andy If you have a minute could you please cast an eye over posts #40 #41 & #42 above. I have to get my defence in by today at the very latest and want to make sure everything is as good as it can be. The character count is 2521 at the moment so I believe there is still plenty of room to add a few things if you want too Many, many thanks in anticipation

Brigadier2JCS make an excellent valid point, although I'm not sure what if any legislation this comes from?

My Draft Defence 1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the original creditor Lloyds TSB Bank. 2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. 3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-. (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of their excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 4 March 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Ok after sitting down and reading for hours and hours trying to find some relevant information on reclaiming charges at this point in history, my heads now spinning and I'm getting nowhere fast. I have found some pointers which need further investigation/research but it will need many more hours of work/research. I am also mindfull (and getting ever more worried) that my last day to file a defence is tomorrow (12 Feb) and have also only just discovered that the MCOL system only allows you to input a certain number of characters into the defence field so my defence is now going to have to be reasonably explicit/compact, as its too late to post it off now So... do I also have to file my counterclaim by this date or can it be filed separately later on in the proceedings? If so up till what point? I have found a defence that I think will suit (I think/hope its one of yours Andy ), I am going to tailor it slightly to suit and post it up shortly to see what you think and if any alterations need to me made.... hopefully it will fit on MCOL

Thanks again for that Andy I have read through the forum extensively but as yet I havent found any cases which parallel mine and involve a counterclaim. The sites search facilities (unless I am using them wrongly) seem to be a little poor and seem to throw up everything containing every search term I input? Can you or someone else perhaps point me to some threads I can at least make a start with?

They wont be very happy with that! OK if you can possibly help me with preparing the Counterclaim paperwork and my defence (I'm presuming I still defend if I counterclaim) then I think I will go down the counterclaim route. I think I have a more than reasonable prospect of winning, my only concern is if they send a smart alec barrister who might try and twist me in knots in court. Do you know of anyone who might be prepared to represent me in court on a no win no fee basis (perhaps you may be interested in this yourself?) should it get allocated to the fast track?

By Lloyds?

So if he/she set it off against the claimed amount what would happen to the residual amount?

The court fee wouldnt be a problem as I am in receceipt of income support I should qualify for remmission. Would that also perhaps qualify me for represention in court? The penalty charges of course were made by Llloyds wheras the claim has been brought by Lowells so if I issue a counterclaim against Lowells how would this sit with the judge? Presuming I won, could he/she order that Lowells and/or Lloyds repay the penalty charges

Well the CC (if made) is likely to be considerabaly more than the original claim so what is the likelyhood of it being allocated to the fast track, its just that I couldnt possibly afford to expose myself to the other sides costs should I loose. Is there some way to at least get some of my unfairly/illegally charged charges back without the risks of fast track or would you just recommend defending this action? Or should I be more confident of success as obviously Lloyds TSB saw no realistic prospect of success in taking this to court themselves otherwise they wouldnt have sold it to these chancers for around 10p in the pound!

Ok so how about instead of going back to the beginning of the account to cover all transactions, we choose some other mid point in time, for instance in my SAR they only provided statements dating back to July 2002 If I were to use that date and the information disclosed on those statements, the claim including compound interest to Sep 2009 according to the spreadsheet comes to £7783.81

Hi experience You get a maximum of 33 days from the date on your claim form to submit your defence no matter when you acknowledged service

Results from the Compound Interest Spreadsheet Based on 18% compound interest calculated between 1992 to 2009 = £15,600.20 (putting it into the fast track ) Based on 10% compound interest calculated between 1992 to 2009 = £9,672.75 (small claims track) Results from the first spreadsheet - Stautory Interest if I just claim s69 interest calculated from 1992 to date = £10,363.51 (I suppose I could use different dates or "miss" a few charges accidentaly to get it back on track)

Thats great thanks so much

OK the problem is the bank charged varying rates and stopped charging interest on the balance when they closed the account in 2009, does that make a difference?

Thanks so much ims21 I see that spreadsheet calculates compound interest and asks for an interest rate, any ideas of a rate the courts would find acceptable? Also other spreadsheets in the series calculate s69 interest too, would I be entitled to this in addition to compound interest?

I think I've found the correct link http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011 If I am correct I see the spreadsheets relate primarily to PPI Claims so the big question now is, which version or combination of versions do I use? And what rate of Compound interest do I use?

That links not working for me Andy IE says its not a valid host name?