EDITED Personal abuse is against the site rules .future posts containing it will be deleted

anybody?

i still havent heard from them despite sending the letter above about to send my court packs is there a possible reason they have not responded and happy for it to run its course? i cant believe they are cheeky enough to ask for a month to negotiate and dont even try

i dont know what you mean guid RE no question. there was one, it wasnt cryptic and you answered it do i include a covering note such as 'add to file' or something for the court

thanks, can i just check that i do follow through with my word and send a copy of the letter to the court (the local one to me)

i just called them saying that it seemed crazy they had ticked the box saying that they wanted a month to negotiate but i didnt hear aything from them during the month plus what they said on their aq about the figures was strange they hadnt been in touch the woman said 'you have to proced to the the next level, we havent had any instructions from the bank' so they are happy for it to go to court, should i be concerned

i now have a court date, end of march havent heard from them. will follow them up tomorrow with a call what exactly goes in my court bundle and whats the liklehood i will go to court?

gary, I did PM you. I now seem incapable of PM ing now, has my account been changed? anyway, here was my post below is what i posted on the money claim site, regarding your other question the solicitors put the negotiation bit on the 'other information' part. thanks _________________________ _______ 1. The Claimant has an account ******* with the Defendant, opened 1991 2. Since 01/09/00 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £1857; (b) Interest per S.69 County Courts Act 1984 of 8% - £478.95 continuing at 8% until judgment or settlement at a daily rate of £0.47; 6. 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 1982.7. Costs allowed by the Court.

well done

well done

the problem here is i have sent off my AQ not sure what draft direction is either

yes it was

that was more or less the exact wording. my paqperwork is in my office in work so will post tomorrow am i ok to PM you my mcol as i am not too keen to put it up here

so whats a guy got to do to get a bit of advice around here?

er...anybody?

any ideas anybody?

so just to clarify, i was meant to send a breakdown of charges to the solicitors despite having already sent them to lloyds. i am sure that was not mentioned on the thread i looked at as they have put they will consult with me on the AQ, is it worth calling them up? or should i send a next day delivery with the charges to them today and call them later in the week also, looking at the link above, it states lloyds are playing the game and being difficult. what is the chance if i just leave it, get a court date etc as i am sure i did all or most of what i was meant to do

yes, i thought that was what you are meant to do, i had never even heard of scm at that point. i had sent the breakdown to lloyds as well right, so you only offer advice if it fits in with your case step by step i haveent ONLY started posting today, otherwise i wouldnt have 50 posts. i have asked plenty of questions along the way.

i think i will post again the breakdown and photocopies of charges to SC and M, stating 2 copies were sent the court but they dont seem to have got them would people agree?

sorry, i am a bit crap with paperwork. just noticed on their AQ they have said ____ with regards to the stay - the defendent is veryifying the claimants calculations and we will be in touch with the claiment

i did that

whats an acknowledgment of service? i havent had one, the first i heard from the solicitors was in the pack sent to me by the court and asking me to fill in my AQ and the defence was in there

i sent it to the court, not to the solicitors as i had no contact with them at the time

yes

ok, i think i may be getting to the bottom of thingsd. just been through my paperwork and noted lloyds defence, i hadnt read the small print as i thought it was normal legal stuff, but i think mine may be different (plus it arrived xmas eve). what do i do? i am positive my paperwork was in place asnd correct. i sent a breakdown of charges etc, checked it four times ________________ . The defendant Lloyds tsb is a bank whose registered office is 25 gresham street, london. It is admitted that the claimant has been a customer of the bank at all material times. 2. This defence is served without prejudice to the defendant?s contention that the statement of claim is insufficiently particularised and is embarrassing. The defendant reserves the right to plead further to the statement of claim once they are sufficiently particularised. 3. The defendant will object that the particulars of the claim in this action disclose no reasonable cause of action against the defendant and makes no allegations against the defendant as to why the defendantshould beliable to the claimant for the amount claimed. 4. The particulars of the claim do not comply with the civil procedure rules as (amongst other things) they do not show how the sum of £2422.50 is arrived at and the particulars of the claim are too vague. The statement of claim shows no reasonable grounds for bringing the claim. 5. The claimant should therefore, be ordered to file and serve an amended claim to set out the basis in law and fact for her claim as there is no pleaded basis for the claim itself. The claimant should give full particularsof the charges she is seeking to recover, identifying each charge, the date and amount of the charge and why the claimant is in each case she alleges it is a disproprotionate penalty and thus unlawful. 6. The defendant should then be given the opportunity to defend the proceedings further. 7. For the avoidance of doubt, by opening an account with the bank, the customer enters into a commercial arrangement with the bank for the provision of banking services. The bank is entitled , as part of that arrangement, to charge for those services. At account opening a customer is provided with detailsof the bank?s charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the bank. Such services presently include, but are not limited to providing; - cheques - bank statements - the facility to make payments by direct debit and standing order - debit cards - ATMs ( cash machines ) 8. By maintaining the account in credit, or within any limit agreed with the bank, the customer may avoid most if not all the charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the bank?s own funds. If the bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page one of the leaflet, the bank explains that ? there are normally no charges for everyday banking at Lloyds tsb when your account is in credit. When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement or where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we havent listed, we'll tell you the cost of that service before you give us the go ahead. 9. There is no breach of contract; the charges therefore cannot be a penalty, consequently there is no requirement that the charge be a pre-estimate of the banks loss. 10. The customer is given advance warning of the charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following months statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement with the bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter. 11. The charges are fair and reasonable, and it is denied that they are unlawfull. 12. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charges are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to regulation 6 of the unfair terms in consumer contracts regulations 1999, are not subject to the assessment of fairness. 13. In the premises: 13.1. The charges are for banking services, and are not damages nor a penalty; 13.2. The bank is entitled by contract to impose the charges, which are fair and reasonable; 13.3. It is denied that the charges are unlawful or contravene any statute or regulation. 14. The claimants claim is denied in its entirety. It is further denied that the claimant is entitled to the sum claimed or to any sum of the bank.