Thanks everyone! I have signed the agreement and am sending it back now, to be honest I really can't be bothered to fight over their conditions, in my case where I only had to sue one bank it really isn't worth it. So to avoid any possible conflict I will keep my gob shut about the details, but suffice it to say "Job Done"! Would a mod please move my thread to the "WON" thread or whatever it's called - and rest assured I will be donating to this site as soon as the dosh turns up Thanks again to everyone on this site and good luck to all!!

Well I was just about to pick up the phone.... then a letter dropped through the door... FULL SETTLEMENT OFFERED! I don't actually object to the terms, except the confidentiality one which I will cross out when I reply, can anyone tell me why they can't impose that? Cheers!

Thanks, I also thought the advice was not to phone them but with a court date now set I hardly think it's looking "desperate"! I'll give it a go...

Thanks, but what does it mean? Will I end up in court with a load of fellow claimants at the same time?

Hi All After another long wait I finally got a court date today for the 22nd February. Hooray! A couple of things I noticed apart from the usual stuff: "The case will be listed with all other outstanding claims for bank charges etc..." and "It is probable that the judge will deal with cases in batches where there is more than one case against a particular defendant" Is that normal?

I obviously chose the wrong profession!! Ah well, in my next life......

Thaks folks, sorry I haven't been on here for a while... I sent them this back for what it's worth - probably won't even get read but it's something else to produce in court to prove I'm making an effort.... --------------------------------------- I acknowledge receipt of you letter and Allocation Questionnaire dated 16th October 2006. I have filed my Allocation Questionnaire and was told by the court that it was not necessary to copy the document, however the details were as follows: A: No B: No C: Yes D: 0 E: No F: No G: I expect this hearing to last no more than 1 hour. H: Yes I am astounded to read that you have requested that the claim is postponed for one month “so that you and the other party can attempt to settle the claim either by informal discussions or by alternative dispute resolution”. I remind you that your client has made absolutely no attempt to contact me regarding this matter since the claim began and their last communication clearly stated it was their “final response”. If your client wishes to settle this matter then I suggest that they do so, or proceed to court as soon as possible, where the matter will be resolved, I see no reason to delay this matter further. ------------------------------------ Almost feel sorry for them, probably a good bunch of solicitors with their name being dragged through the mud by the bank. But I suppose they're getting paid for it....

Thanks! Not sure if I've cocked up here but I've just got a letter from SCM with their AQ, requesting a copy of mine. I didn't copy it because the lady at the court said there was no reason to. Ah well... I see in theirs they have asked for a postponement of 1 month to "attempt to settle the claim" and that they are not available for all of October and November - how ridiculous is that??!! I will write to them (when I've calmed down) asking why they want a month extra when they've already stated their "final response" and how a firm of solicitors can be unavailable for 2 months solid. I will copy the court as well. This is just taking the **** out of the court system...

Hi All Been down to the local court and filed the AQ - another £100.... I've seen a lot of court dates being set for January - let's hope it's not that long, but as you say they may start making measly offers before Christmas when they know people need the money. God knows I do but I ain't settling for a penny less - I don't care if it takes till the following Christmas - it's a matter of principal now! Just a suggestion (forgive me it it's already been done & I've missed it), can we not all write to somebody complaining about this abuse of the court service? One letter from an individual will get nowhere but maybe a few hundred would?

Hi All Well after a long wait SCM have submitted their defence - standard crap as far as I can see. Got the AQ, now a question: is it worth writing to them (SCM) before submitting the AQ to see if they will move at all? Or shall I just go ahead and file the AQ so they can spin it out for a few more weeks? The timescale is really starting to **** me off and it's so pointless! All the time this is going on my account is effectively frozen and they have to know there's no way I'm giving up, it's just going to cost them another £100 in the end. Has anyone else got any result by writing to them before submitting the AQ? Thanks!

Apologies Mindzai - I meant Bankfodder not Bookworm! Sorry!

I think this should go there: Bankfodder Announcement Referring to my earlier qustion of the unfairness of the bank's abuse of the court system....

Just got another letter from the court - SCM have filed the acknowledgement of service on the 15th - a bit quick methinks! Makes no difference to the timescale though - still 28 days from the service date...

Mayby the whole question has just been answered by bookworm - check out the latest announcements....

My situation is very similar to yours Mindzai! See the beginning of this thread and that's exactly what happened to me, but the withdrawal of my OD facility came a bit too quick after my prelim letter for the two to be directly connected, unless I had said something on the phone to them when I complained about the charges a couple of weeks earler - I can't remember. Like I said before - is there anywhere we could all write to complaining about this? Any Mods know? Or would we be wasting our time?

Hi Christina Yes, the banks have the unfair advantage of knowing everything about your financial situation, which is not the norm when you're being sued by someone! Some people I've spoken to about what I'm doing have said straight away that they would do it as well - but just can't afford the court fee when they have rent and bills to pay. Catch 22 - they can't sue to get their money back because of lack of money caused by the person they want to sue! I've made damn sure I've got the £100 for the AQ when it gets to that point (even though it's a struggle), but someting really needs to be done to stop this ridiculous practice. Good luck with yours!

Hi All Just got the Notice of Issue back from the court Claim Number 6PH04364 - deemed served on the 13th September 2006 - they have until the 27th September to reply. That means they will file an acknowledgement of service on the 28th - this is all getting very predictable isn't it! What a blatant abuse of the court system this is - it really makes me mad that they are able to intimidate people by using the court system for their own advantage. There is also the financial aspect, they of all people know full well that people who are struggling to pay their charges are also likely to be unable to afford the court fees and may fall down at the AQ stage because of lack of funds. Something I will definitely be pointing out to the judge if they get all the way to court. Is there anywhere we can complain about this?

Hi All Took a little walk down to the court today an filed the claim:-) I asked the very nice and helpful lady there (I almost asked her out!) to make sure I had done everything right - just a couple of minor things which others should be aware of. The Claimants name must be preceded with a title and I had not put "Mr" and also I had put "Lloyds TSB" as the defendant, where it should have been "Lloyds TSB Plc". She said that might have held things up. Today is exactly 14 days since the LBA as it turns out after all. Anyway, now the waiting game begins - ho-hum!

Also, please start your own thread to avoid confusing things!

Hi Balbadier An AQ is an Allocation Questionaire which is used in the later stages of the court claim. Please read the FAQ section which should answer all your questions - as it did mine when I first started! I don't know anything about that address, I've used the Colmore Road Birmingham one in most of my correspondence - it all seems to end up there anyway. Undated!? That's new one, they're getting desperate for excuses now

Thanks - I have added it. The whole claim comes to nearly £2000 with that charge and the interest added. All printed and ready to go on Monday

Hi All A quick question: I will be filing my claim at the court on Monday, I have just checked the account to find that they have taken yet another £35 returned direct debit charge today. Should I submit my claim for the amount that was on my schedule that I have sent to them already with the prelim and the LBA, or shoud I add this new charge as well when I file it at the court? Any help on this very much appreciated! Thanks

Yes I guess you're right. Maybe a notice in the FAQ section here should read "please don't start unless you are sure you want to go all the way to court" - every one that gives up half way through makes it harder for the rest of us. If no-one gave up, the banks might get the message!

Looks like we're in the same boat at the same point up the river! Can't see why they bother dragging it out so long - they know they're going to lose in the end, must be costing them a fortune in solicitors and manpower.

Hi All, No sure if this is normal after the LBA stage, but I had a call from a nice man at Lloyds TSB today wanting to "help me sort out my account". I wasn't sure what his agenda was so I wasn't giving him any information at first, then it transpired that he was in Brighton and was enquiring as to how I would like to pay off my outstanding overdraft - suggesting monthly repayments and loosely threatening to close the account if I didn't agree. I said that there wouldn't be any need for repayments as I was claiming the entire amount of my charges back through the courts which would cover the entire overdraft. At that point he started going through the account picking out individual charges and tentatively suggested they may be able to "do something about that". I made it quite clear that unless they refunded all of the charges in full I would be issuing a court claim very shortly and was not interested in any goodwill gestures. He didn't seem surprised. I wonder if it really was someone trying to arrange an overdraft repayment or testing the water to see how far I was prepared to go? Either way, I left them in no doubt! It was left with him saying that they would not be persuing repayment of the overdraft until the dispute over charges was settled. Has anyone else had this kind of approach? Should have enough money for the court fee shortly so will be starting the claim on Monday...