Fantastic news! My court date was for 14th June and so I submitted my papers so that they arrived on 1st June ie last possible date and have just heard that Lloyds have caved in! Good luck with your case - my 'bundle' was based on the witness statement that I found but it seems that it doesn't matter too much - you just have to submit something that shows you have done a bit of research.

Sorry missed out the vital part! The other thread is headed:

GOT A COURT DATE? Important, please read......

Doesn't seem to have been much response! However I found a useful thread which is headed

it includes a Witness statement which I found made sense of everything much more than the 'court bundle' though it is meant to form part of the bundle. It seems to me that it plus copies of previous correspondence and the schedule of charges would stand on its own, as it refers to all the other items in the bundle anyway. It would certainly be better than doing nothing. So I am in the process of filling in all my dates etc.

Good luck!

This report applies to credit card charges. Would you still use it if you are just applying for bank account overdraft charges?

Hello

Sorry I can't be of any help but am very interested as I am in exactly the same position as you ie have got the standard defence from Lloyds (though mine stretches to 9 points!). My Notice of Allocation to the Small Claims Track (Hearing) says that copies of documents need to be delivered to the Court no later than 14 days before the hearing, and looking at this site I see that there is a fairly complex 'court bundle' which should be adapted for each case. This looks quite tricky!

Also this site suggests that you should let an Administrator know your details but I can't see any instructions as to how to do that.

I hope I can piggy back on your query!

Thanks

Many thanks

It appears that some claimants are now getting a bit sloppy with regards to bundles and preparing for court. We've seen quite a few threads recently where the claimant hasn't bothered submitting anything becouse its a "waste of time".

 

Ultimately, that may well be true in most cases, but to not comply with a court order is a very dangerous game and you run the real risk of having your claim struck out. There have been 2 claims in the last week or so where this has been the case.

 

As we all know, its highly unlikely that your claim will get as far as court, but even so, you should still prepare exactly as you would if you knew it was going to - I.e. get a good, solid bundle in ON TIME, and make sure that you know your arguements. Particularly in relation to Lloyds service charge defence. Read this thread -

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/81799-issues-raised-llloyds-bank.html

 

What to include in your bundle

 

Clearly this will depend to a certain extent upon which specific directions have been ordered, but, IN ADDITION to everything else which you would normally submit, you should include;

 

1) The full OFT report. No need to print out the whole thing, but you do need the front cover, section 1 "overview" and most importantly, section 4.21 "Disguised penalties". You should put this in INSTEAD of the OFT report summary from the Basic Bundle in the templates library.

 

2) The McNamara interview. The transcript is fine.

 

3) Any correspondance or documents published by Lloyds which refers to their charges as - "Penalties", "defaults", "imposed when you breach your agreement", etc. Check your old T&C's if you have them and include anything which suggests that the charges are imposed as a result of a breach of your account agreement.

 

I have a letter in which Martin Orton states that Lloyds' charges exist - "in order that we can recoup our costs". This was in response to a direct request to justify their charges, and no mention was made in the letter of them being any sort of "service charge". Please PM me with either your address or your e-mail address and I will post/send this to you to include in your bundles.

 

Simularly, if anyone else finds anything useful such as that, or in their old T&C's, etc, please let me have a copy so I can distribute it for others. Obviously you should block out personal details, and also I am happy to pay any postage costs if necessary.

 

4) A detailed Witness Statement, which specifically includes arguements which tackle the service charge arguement and "cloaking". See the post below.

 

When you've submitted your bundle

 

In most cases they will pay around now, but if not, and if they don't submit documents, then on the day of the deadline for submissions (which will be stated on the directions order), you should inform the court of their non-compliance immediately.

 

Send the letter here -

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-sc-m-court-bundle.html

 

Also, if a court date is imminent you should have a good read of the guidance notes.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

I've received court papers which show that Lloyds have made a 10 point defence and so now I have to file a counterclaim immediately. It strikes me that the wording from point 9 of your witness statement would do the trick - do you agree?

I've also been given a court date of 14th June so have a bit of time to sort out my bundle.

Rosy, tell me exactly what stage you are at and then I,ll advise you what to do,

Leech

I am at the stage of completing Moneyclaim online and I had thought that I could only claim the interest that I had quoted in my 2 letters to the bank, but I now understand that I can add interest up to the present. However the annoying thing that seems to prevent me from completing the Moneyclaim form now is that I'm not sure of the date when I opened the account. Does it matter if I just say September 2004 and it turns out to be October 2004?

It is set to today's date. You can change it to the date you are filing your claim if you want.

I would be grateful if you could advise how to do this. I see that the formula for today's date is DATEDIF(D24,NOW(),"D") and I assume I need to set this to the date that I submitted the claim to the bank.

I have been slow to do this as I originally wrote to the bank in September 2006 and now the interest is quite a bit more but if I need to apply for a fixed amount I assume that it needs to be the same amount as originally requested?

Any help would be much appreciated.