Help!! I had a baby 2 weeks ago and moved house amongst many other things and after catching up with the backlog of mail have found that the last date for filing with the court office for my allocation questionnaire with the fee by the 13th July... There are 2 cases against Lloyds (both under £1k) and looking through the paperwork I had a notice that a defence has been filed for BOTH but the allocation questionnaire for only ONE. I don't know what this means - does this mean they've been struck out and I've had it or can the court/judge apply leniency in some circumstances? Please help - anyone. With the new baby and house we were banking on this (excuse the pun..). My broadband has only been connected today and I'm sitting here amongst unopened boxes feeling very deflated and stupid...

Bill K I'm not very good at this - don't know how to PM you directly but one of my threads somehow showed one of yours as a similar one i.e. acting on behalf of someone else? Could I ask you to have a look at my thread of the same name and shed some light/advice/tips. I'm so confused it's unreal! Are the cases ever likely to be heard in your experience (lloyds tsb)? Much appreciated!;-)

Thanks Michael - my sister and my Dad are both capable so it looks like they'd have to be present. My sister will have to fly over from Ireland and my Dad from Wales though - extra costs. Do you know the likelihood of a hearing actually taking place? At least I can then warn them in advance. The cost of travel may well exceed the charges they are trying to claim so they may decide to abandon it for the hassle. Oh well - I was only trying to help them!!

Hi Michael and Rooster, Thanks for the advice but which one of you is right? I have official letters of authority (forms supplied by Lloyds TSB) signed and dated by my dad and sister, photocopies of which I'm enclosing for all correspondence with the bank Will these suffice for the Court - and do they need to be present? Michael, you think yes but Rooster you don't think this will present a problem. Is the likelihood of getting to court a real possibility - reading around it seems that this is as remote as getting struck by lightening! Thanks again!

Hi all, I am claiming on behalf of my Dad and sister who are based geographically some distance from me. I was going to submit their N1 to the local county court - but will I appear for them as I have a letter of authority signed by them to act on their behalf as far as the bank is concerned i.e. to gain statements, issue LBA etc but what happens when it gets to court? Do they have to travel up in case they have to appear or will I suffice as their representative? If so, what do I have to do? (If not, I could put the court claim in at the court nearest them) Further complication - my sister now lives in Southern Ireland - will this affect her claim? I am sooooooo confused! Any help gratefully appreciated!

Hi, I'm expecting a baby in 5 weeks and am moving house in about 4!! (Glutton for punishment or what!!). At the same time I'm doing about 5 different (accounts) bank charges claims against Lloyds and Halifax - all at different stages. Some at non compliance with the DPA (LBA), Some at LBA stage, Some at N1 POC stage. Thing is, how do I go about managing my change of address - do I need to write a letter involving all departments of the bank corresponded with plus the court informing them? What kind of proof do I need to send? I'm going to use the Royal Mails redirection service for the mail for 12 months so I should get the correspondence (albeit delayed by a few days) so do I actually need to change my address at this stage? Can someone help me before my hormones get the better of me and I go into labour!!!??!!

Thanks so much Chloe Jane - most helpful indeed! You're a star! One other thing - reading through other threads on the forum, most Lloyds claims take it all the way to go.. I'm moving house soon (4 - 6 weeks)- therefore my home address is going to change smack bang in the middle of all this further adding to the confusion. Does anyone know if I have to amend my details and if so will this jeopardise/confuse everything or can I just keep my old address as I'm using the Royal Mails redirection service for 12 months?

Hello, Claiming charges against Lloyds for me, my Dad and my sister is proving incredibly daunting! Can anyone help? Dad Sent off letter of authority (i.e. saying who I am and that I'm dealing with his claim) with the S.A.R. enclosing a £10 postal order on 4th April. Dad received a standard letter acknowledging his request on 9/5 with printed statement entries going back to September 2001 which he fowarded to me. Letter said if further statements are required, they need to access archived data and he has to request this further and they've taken the £10 for this service accordingly. Why have they sent the info to him - when I requested it?!! (diff address) Why have they taken £10 for this service - what happened to the postal order? Why do I have to send a further S.A.R for data going back past Sept 2001 when they should go back 6 years i.e May 2001 automatically. Looking at the advanced spreadsheet to calculate overdraft interest I need the balance at the time the charges were taken - the sheets Lloyds provide don't state this. More info to be requested? Or is there a way round this? Sis Same as Dad but nothing received yet by her or myself. Do I send a DPA reminder? Me S.A.R and L.B.A sent - letter received refusing refund. Do I proceed with MCOL? Also, I forgot to do advance spreadsheet for overdraft interest (it seemed really complicated) - can I still claim for this at this stage or do I have to start again? Or do I only claim for the statutory 8% under the county courts act? I've done a fair bit of reading and it seems Lloyds is the hardest one of all - what do I do/can I expect? Any advice greatfully received - I'll get 'em (I've got 6 weeks to go until the birth of my 3rd child so money well needed!!)

Quick question - if it does go to the allocation questionnaire stage - how long do I have to put everything together? Do I need to prepare now just in case?

Thought I'd give an update. Had the documents from the court saying that the claim was filed on the the 28th Dec, and sent to the Defendant by first class post, so deemed served on the 30th December. They have 14 days, so they have to reply before the 15th so now it's the waiting game......

Thanks Rooster!

Hi, Since starting my claim - I've been asked by my Dad and my sister to do theirs for them! Obviously, it would make things a lot easier (as they are based in different parts of the country) if the statements/correspondence etc were sent directly to me. Does anyone know if this is possible? Is there a template letter anywhere for this purpose? N.B. My Dads is a business account - can I still follow the same procedure?

Update... Filed claim today - told that it probably won't get served until after Christmas now. I'll get notification by post. What happens next? Do I hassle them by telephone after it's served - does this help?

I've rejigged and added bits for those that are interested as I noticed that the template for the hard copy of the N1 does not include:- a) S.A.R. £10 fee b) the fact that the defendant is already aware as they have had a list of the charges applied c) the supply of goods and services argument d) daily rate at ?.?? per day Elsewhere on the site it says the above is essential so I've amended the hard copy as follows... Particulars of Claim The Claimant has an account ??? with the Defendant which was opened on or around ????. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. A list of the charges applied is attached to these particulars of claim. Defendant is aware of all details as a list of charges has already been supplied. The Claimant contends that: a) The charges debited to the Account 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. b) 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. c) Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £??? and any interest charged thereon; b) Court costs; c) the return of the Subject Access Request Fee of £10 d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges continuing at 8% until judgment or settlement at a daily rate of £?.??p or at such rate and for such periods as the court deems just. I believe that the contents of these particulars of claim are true Signed: Date: Statement of Truth - Signed by you May prove useful to someone else?!! Filing the claim at the local County Court in person tomorrow.. Here we go!!!!

Sorry if I'm being dense, Vampiress.. Does this mean that the claim can be over £5000 if the inital amount is not over this amount but is if you include the contractual interest? If so, why did Sarahpp's (further up the thread) get knocked back? Anyone?:idea:

Thanks Angi! Anyone know if you can claim the S.A.R £10 fee back as well? Do I add this to the P.O.C and adjust the final amount accordingly?

Apologies for typos i.e.calim and interst. Typing too quick and not checking.. Doh!

Hi - me again (by the way Westy, what's wrong with monkeys anyway....!! ) I've been looking through the Lawpack and found... 'You cannot sue for an amount larger than £5000 using the Small Claims Track in the County Court. IF you believe you entitled to more than £5,000 you can voluntarily lower your claim to £5,000 so you can use the Small Claims Track. This may be advisable, for instance, if you think you have a claim for £5.200. Here it may be wiser to sacrifice the additional £200 for recovery without legal fees. The £5,000 limit does not include any sum you claim for interst under the Count Courts Act 1984' So the 8% can be added on top but there is no provision for any other type of interest i.e. contractual. It also says... 'You are not allowed just to divide a calim that is over the £5000 limit into two or more claims so that each is within the limit' Now, I'm sure I've read on here about people who have done just that but apparently it's not allowed?! Thought it'd be of interest to you all. Question - What is the worst case scenario? i.e. Can the judge throw the whole claim out? Or allocate it to fast or multi track? What I'm trying to say is - if the worst that can happen is you'll just get what's owed to you without interest i.e. initial sum then what has ANYONE GOT TO LOSE?!!

Hello, I've gleaned loads of information from these sites and after some time... I'm ready to put in my N1's! I have 4 separate ones for 3 bank accounts and 1 Visa but I'm going to use this version below with the individual account details on each. Could someone cast an eye over it per-leeeeaaaasssee!! Also, any tips greatfully appreciated... N1 – Final Version Cut and paste into N1 pdf and print 3 copies – one for myself, one for the court and one for the defendant. Same for schedule of Charges. In the - ***** County Court Claimant – **** of ******. Telephone – ****** Defendant – Halifax PLC, Trinity road, Halifax, West Yorkshire HX1 2RG Brief Details of the Claim – Claim for the return of unlawfully imposed bank charges and interest Value – Charges ??? plus 8% interest Defendants Name and Address – Halifax PLC, Trinity Road, Halifax, West Yorkshire HX1 2RG Particulars of Claim – 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ] 2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account 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. b) 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. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon; b) Court costs; c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. I believe that the contents of these particulars of claim are true Signed: Date: Statement of Truth - Signed by you.

Woah Michael!! I've just read through your thread and am seriously impressed. Also, completed the Mindzai spreadsheet and one of my claims has jumped from just under £3k to £5114. (Isn't the limit for small claims £5k?) Seriously tempting stuff! Only thing is - you seem sooo articulate and clued up legally about what to do.... and seem fully prepared for a day in court. This frankly terrifies me and I'm going to have to mull over whether it's worth taking it on as there are warnings all over the place about knowing what you are doing if you go down the Contractual Interest route. It would make things far easier if there were step by step instructions in FAQ's referring to this topic and potential pitfalls. Thanks for the advice though - I'll be watching your progress with rapt interest!!

Thanks Michael, Does anyone know if there is an LBA template letter INCLUDING contractual interest available? If not, what should I add to the standard template letter? Do I mention the previous LBA letter too? If you look at my timescales I'm way behind - this won't affect my claim will it? Sorry for all the questions - it'd be awful for me to do something wrong at this stage!! Plus I think the answers may be useful for many others thinking of doing the same at my stage. Thanks again!

Hi, Am in two minds about claiming the contractual rate of interest. I think I'm not alone in thinking that there is an absolute mine of information on this site, but many of it conflicting opinions, views etc and to little ol' me... a tad confusing to say the least! So.. Has anyone actually won a claim for contractual interest? Does it definitely mean a day in court? If you haven't claimed for any interest in your Prelim or LBA (if you claim 8% it states clearly NOT to mention this until your N1/MCOL stage) like me, then is it too late to add at the MCOL stage? Is there more chance of your account being shut down? If you make a mistake in the wording on your N1 do you simply lose your claim, or will the judge let you have the 8%?

Thanks Glenn - you're a star! Don't suppose you know... Contractual interest - is that just for my credit card claim? I have 4 claims - all Halifax - 3 bank accounts and 1 credit card. I was applying for 8% interest accross all of them but looking through all the threads I'm tentatively optimistic I can scrap this for the credit card and claim their contractual rate of interest instead. If so, where do I find this?

Hi all, I'm now doing the hard copy of the N1 and wondered how to fill it in correctly. I wonder if anyone could cast an experience eye over my application and help me with the bits in CAPITALS? I'm nearly there now.....!! N1 - Hard Copy In the - ????? County Court Claimant – Mr/Mrs ??? of ???. Telephone – ?? Email – ?? Defendant – Halifax PLC, Trinity road, Halifax, West Yorkshire HX1 2RG Brief Details of the Claim – WHAT DO I PUT HERE? Value – DO I PUT 'NOT MORE THAN £5000' OR THE FULL AMOUNT INCLUDING INTEREST? N.b. It may change depending on when they decide to pay out due to daily rate of interest. Defendants Name and Address – Halifax PLC, Trinity Road, Halifax, West Yorkshire HX1 2RG Particulars of Claim – below cut and pasted from templates - DO I COPY EXACTLY? 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ] 2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account 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. b) 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. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon; b) Court costs; c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. I believe that the contents of these particulars of claim are true Signed: Date: Statement of Truth - Signed by me DO I ATTACH THE SCHEDULE OF CHARGES PLUS INTEREST? HAVE I MISSED ANYTHING?

Thanks Sarah - I'll fill in all the N1 form and just fill in the interest amount on the day as suggested! I've used the bank template spreadsheet for all of my claims (one of them is for a credit card) and wondered if this mattered? (They all calculate 8%)