Hi Update on claim and some questions -Allocation questionnaire sent back to court with £100 fee, Lloyds have now sent me their Allocation questionaire and asked me to send them a copy of Mine??(didnt realise I had to do this, is it a problem?) -They have also asked for procedings to be halted for a month so we can attempt to settle, I realise these are probably just masked stalling tactics on their side but am I now within my rights to contact them and basically say " come on then, Lets Settle?" As always, any help is greatly appreciated

Filled in the allocation questionaire, my claim is just over 1,500 quid, didnt realise I would have to outlay another 100, seriously thought about giving up,just due to the expense and the stress, but that is just what the bank wants, decided to go right to the end - Win or Lose. Anybody know who I make the cheque payable to?? Couldnt find it on the documents or the website!? Im in the home straight now Power to the people

Well, Lloyds defended at the last possible moment, which as I understand is pretty typical of them. Usual stuff " you signed a contract " etc... Now I have this allocation questionaire to fill out, I have looked through the forum but could not find any advice on this, if anybody could post a link that would be great? Here's hoping

**Bump** Sorry to bump this post, just really wanted an answer today so I can stick it to Lloyds, if the 28 days is related to when the claim was deemed served their time is nearly up

Good Morning all I just have a quick question about dates that I need help with. I filed my moneyclaim against Lloyds TSB on 18th September and it was deemed served on the 23rd September giving Lloyds until October 8th to acknowledge the claim, they did acknowledge the claim on 2nd October and said they intended to defend, it also said in this letter that they now had 28 DAYS to file a defence, now my question is, does this mean they have 28days from the 2nd October or 23rd September?? Obviously if it is the latter they dont have much time left and I can think about entering a judgement by default. Anybody who can clear this up for me it would be greatly appreciated

Sorry to bump this but really want to get the claim sorted and need some advice

Hello all I am about to submit my online cliam to get back nearly £1,600 in unlawful charges and I just need a few things clarified if someone could be so kind - It has been quite a while since I sent the preliminary and LBA, at least a couple of months- the reason being that I simply could not afford the court claim price, Does it matter that I have waited this long?? - Do I need to include account number etc in my particulars of claim? -And lastly, I am currently in debt management largely due to the unlawful charges put on me by lloyds, what is the likelyhood that Lloyds will be spiteful and stop accepting my reduced payments in my debt management plan. I mean I am suing them so they might try and ruin me by taking withdrawing their support in term of the debt management, But I do want and need to get back the unlawful charge money Any help is greatly appreciated

Just a quick update, the landlord now claims he has sent the deposit back, HOWEVER he has sent ONE cheque to one of the housemates rather then sending the people back their cheques individually, I really think he is just doing this because he is a lazy B******d!!!!! Everyone paid their deposits seperately so surely they should get them back seperately, I dont actually know if he has done anything wrong?? But this could bring with it a multitude of problems:- For instance he doesnt even know if the people involved are in contact or even get on but he has sent ALL the money to one person- Im really angry about this and want to know if he has done anything wrong because the guy is basically a very bad landlord and I want people to know so others dont have to suffer Any advice is greatly appreciated

Hello I am wondering if someone can give me some good advice, My Girlfriend and 4 housemates moved out of their shared accomodation on 30th June 2006 because it was the end of their contract, they were told they would get back their deposit subject to deductions and all bills being paid, the landlord contacted them to tell them of some small deductions which were accepted and all bills have now been paid..... 4 weeks later still no deposit, the girls contacted the landlord to find out why? He says he needs a letter from Npower addressed to him stating that the bills are Paid (which they are) Npower say they dont do this but he is welcome to phone them to find out, He has point blank refused this saying he is t busy and why should he take time from his schedule, he has been unscrupulous from the start but this takes the cake, where do the Girls stand legally? All bills have been paid and the contracts have been signed over to the new tenants, The landlord must know the bills have been paid and is just playing silly buggers, whats the best way to approach this to get it sorted quickly and also make him know not to try it on with others Thanks for any help Regards Tristan

Hello All My situation is that I have been in a dmp with payplan for two months, one of my creditors is Lloyds TSB who I owe about £9000 in the form of a loan, a credit card and overdraft, everything was fine and I was making my payments and they had been accepted, but now I have received a letter from Lloyds Saying they never heard from payplan and no agreement had been reached(im not so worried about this as I don’t believe them). However I received a separate letter today from Sechiari ,Clark & Mitchell informing me of impending legal action with regards to £300 of arrears on my loan, I told Lloyds TSb I couldn’t afford to repay it and asked for it to be included in my payplan agreement, they said I had two option 1:- Pay back the amount in full(which I cant do at present 2:- Or take out a new "refinance" loan with Lloyds, the 2nd option made me hugely angry because I do not want to borrow more money, Since I refused both option they informed me I would be hearing from their solicitors which I now have, What should I do next?? Should I sit tight, I feel a judge would take a pretty dim view of them threatening me with legal action since they know my circumstances and know I cant afford to pay the arrears, Should I contact the solicitors to make them aware of the situation? I have contacted Payplan but they are taking a while to get back to me, I’m just a bit worried in the mean time. It seems ludicrous to take someone to court who is genuinely trying to sort out his finances Any advice will be greatly received Regards

Hello All I have recently finished a 1 year tenancy at a house in Leeds, during the 12 months I kept up with my payments right until the last month when due to very very serious financial difficulties I was unable to pay my last months rent of £271.50, I contacted the landlord and informed him that I couldnt pay and was genuinely in financial difficulty, I have since asked him if he can accept my original deposit of £300 as my last months rent after any deductions have been made. This was very flatly refused and I was told their was no way that was possible. I realise some people withold last months rent until they get their deposit returned, but I have explained this is not the case with me and I just simply cant afford it, It is a case of either they return my deposit and I use this to pay the rent or they accept the deposit as the rent payment. They have so far refused this and demanded a cheque for the rent, Is their any precedent for this situation or any way I can convince them and/or use the law, My understanding that a deposit is paid incase of damage by a tenent or an unability to pay rent!! Any help appreciated

Found out a little more about them, they are based in New Dehli India, obviously cheaper for MBNA to chase their bogus debts from their, Should I explain to the that I am claiming back charges that make up the overlimit amount and therefore dont feel I should have to pay, where do I stand legally with that??

Hello All I am currently in DMP with Payplan, one of my creditors MBNA have accepted my negotiated payments but are still hitting me with charges and have sent me over my limit, I have know extra money to pay this as I am using all my extra monet to pay payplan. I have written to MBNA to request the return of Unlawful charges, which amounts to £200 which would clearly account for the £53 overlimt which they are now demanding, I have also told them that I cannot and will not pay the £53 because it is made up of unlawful charges. Today I have Received a letter from Global Vantedge acting on behalf of MBNA demanding payment and threatening sanctions, Now they know I have no money, they know I am in Debt management, does anybody know anything about Global Vantedge? Should I be worried? Any advice greatly appreciated!

Damm, Forgot that, I need to make extra room for that then, 1080 characters really isnt enough to get your point accross, but I guess Money claim are receiving so many of these at the moment that they will understand either way, Still need to word it right though

Evening all, Thanks for the information about court fee's This is my particulars of claim, could someone have a quick skim over it and see if its good enough, I want to get this exactly right, Many thanks "I have a contract with Lloyds TSB dated around 1996 and which is conducted on their standard terms and conditions.I am claiming the return of money taken by the defendant in the way of charges over the last 6 years.I believe bank's charges are punitive in nature; are not a genuine pre- estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant;and are not intended to represent or related to any alleged actual loss,but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. I have repeatedly asked the bank to justify their charges but they have declined." Best of Luck to all fighting the good fight

Hi All Just completed my money claim form, this is a bit embarassing but does anybody know if the courts can help with me paying the initial cost, I am in debt management and just about to start a new job so money is really tight, I cant afford to pay the £120 costs at the moment but am claiming back £1,600. Is their any help out there for someone in my position? Thanks in Advance

Just bumping this post so it doesnt dissapear!

Hi all I am at the moneyclaim stage now and am getting excited and a little scared. The preliminary letter was sent followed by the LBA letter- Both were rebuffed with their usual arrogance. I am now on the money claim form and would like a little advice, I have got to the section "particulars of claim", now I know what it is technically but am a little new to this and was wondering if anybody had posted a rough template to help me along the way, any help is greatly appreciated and hopefully when I get my money back I can make a donation to keep this fantastic website going

Has this happened to anybody else??

Hello All I am currently in a DMP with Payplan, I owe Lloyds TSB about £9000 as one of my creditors, they have accepted the offers of repayment from payplan and I have started making payments, however yesterday I received a letter from Lloyds saying "further to our conversation we can now offer you refinance in the form of a loan for £9,000!!!!!!!!!" now correct me if Im wrong that is taking out extra credit which is illegal under a DMP and is what got me into trouble in the first place, this seems completely unethical to me and not the way a DMP should work, The worse thing is I never even had a conversation with them about this!! Should I forward this to Payplan and let them deal with it?? Also should I complain to the Ombudsman?? Any advice will be greatly received

Hello, thanks for the reply, I dont mind posting the details of my debts if you think it would help! Lloyds TSB Personal Loan- £4,000 Lloyds TSB Overdraft - £1,750- £100 overlimit- 6 years charges amounting to £1,600 ( I want to claim these back) MBNA Credit Card - £1000- £250 of charges Lloyds TSB credit Card- £2000- £100 over limit- £300 of charges against me I am now in debt management and obviously reclaiming osme of these charges would be a major help, especially because I am now getting default notices asking me to pay back over the limit amounts that are basically made up of these charges, It so sick that the creditors are doing their damdest to keep me in debt Any advice??

Thank you for the reply, I have tried to reclaim some of the charges but my creditors are standing firm, Probably knowing I cant afford to go to court, The worst thingi is that the overdue amounts that they have sent me the default notices for are made up of the unfair charges, They seem to want to ruin me and I feel in an impossible position to fight back

Due to various circumstances (illness etc) I have managed to get myself into a large debt, about £12,000, I have really found this almost impossible to manage and have turned to payplan and entered into a debt management plan, I thought my problems were over. However due to my creditors hitting me with charge after charge I am slipping deeper and deeper into debt, I am now over the limit with all my creditors and because I only have enough money to make my payplan payments I cant pay the money to get back under my limits, the banks make me sick because they know I am in terrible financial difficulties and am trying to get help with payplan but they ae just keeping me in debt and offering no help. But now the scariest thing is I have started getting default notices from creditors demanding money I simply do not have, they are threatening court action if I do not repay the full amounts and Im worried they will send the debt collectors round(they have threatened this also), I would really appreciate any advice anyone may have? I feel very scared and unsure what to do at this time