Cheers All, Just waiting for the money now, SC&M said it should be within 7 days! fingers crossed. I have a theory! I reckon they hold off paying the people who need it the most, I think in the survey this site should ask how quickly they settle and then compare it to individuals financial positions! It just seems strange that the people who are still incurring charges have to wait longer for settlement! although that might be a sweeping statement. Another hint that Gary H passed on was to start writing to them as soon as they gave me a copy of their AQ, I still haven't heard from the court and if I had waited to start the settlement talks, I would still be waiting. Again Cheers all, Matt xxx

Hi All, Just to let you all know that a couple of days ago I received a full settlement offer, but due to condition can't give details. Anyone still in the process, Keep going and you will get there, I would like to thank everyone who have offered advice, especially Gary H. A donation will be forthcoming. Again thank you all for your help and support. Matt

Gary, I can't thank you enough; you have been a real source of help and inspiration. I'm going to phone our friends at Sorry:) (SC&M) to confirm they have received my letters / faxes! Still no word! Not bothered as after reading your statement and with your support I would like my day in court! Matt

Hi Gary, Taking your advice as always I have started to prepare my court bundle early! (I'm keen!) as suggested I have utilised your Summary Statement of Evidence and I am just working my way through it! at the end your statement you provide a list of documents you have included as evidence, I have found a few of these on this forum but can't find the one's below (one's in blue I have found!) are these one's personal to your case? or have I just missed them on this site? Cheers mate, as always I owe you one! Lloyds TSB automated Direct Debit ‘return to payer’ letter Dunlop Pneumatic Tyre Co Ltd –v- New Garage and Motor Co Ltd Letter from Martin Orton, Manager of Lloyds ‘Customer Service Recovery’ Dept. Transcript of Radio interview with Peter McNamara, Lloyds former head of personal banking, Sept 2004 House of Commons Early Day Motion, May 2006 OFT statement, April 2006, section 4.21 – ‘disguised penalties’ Data Protection Act 1998 Subject Access Request for account contract and information Thanks again, Matt

Hi Guys, Its now 2 weeks since I received the AQ from SC&M, and no response from Birmingham County Court! have been busy though! sent SC&M a letter as they requested an additional month to settle, to date no response- so today sent and faxed a second letter reminding them of the first! I don't intend to chase them too much I don't want to appear desperate! I phoned the court today and my file hasn't been sent to a judge yet, so its a waiting game! I really hope he orders a court date soon! I have been copying my letters to SC&M to the court, so hopefully the judge will realise that SCM have had long enough to settle. Be good! Matt Ps: has anyone come up with any good acronyms for SC&M I(probably not a good idea)

Hi Chris, Just discovered your thread. I think we are both on a similar timescale and at the same Court! I will watch your thread with interest. Mine's Matt Poole vs Lloyds TSB. I submitted my AQ last Monday the 13th and received a Copy of Lloyds the same day, asking the same as you for an extra month and not available during November. Gary H was wicked and gave me a letter to send to SCM to ask them to settle, so I am just waiting now. I phoned B'ham Court this morning and basically it takes 7 to 10 days for the judge to review our AQ's then we should get a letter telling us of the next steps. I haven't seen any other threads from B'ham so don't have any idea how long we will have to wait for court dates! oh well - keep in touch and let me know how you get on. Cheers Matt

Cheers Gary. Whats the process now we have both submitted AQ's to the Judge? Do I get a letter from the court with the court date? Its been a week since the AQ deadline (13th November 06) so shall I give the court a call? Thanks everyone (and especially Gary! I hope your getting paid for all the help your giving everyone!) Matt

Dear All, I hope you are well and your claims are going well. I'm slightly confused and need some help! Lloyds TSB has requested an additional month to attempt settlement, so I have sent the template letter above to ask them to settle! However! After reading some other threads am I meant to write to the court to ask for the extra month wait to be removed? I have found the below letter: The reason I am confused is, I need to send the court a copy of my letter to SC&M showing that I have attempted to settle, but I guess I should send the below letter first, otherwise I would look like I agree with the extra month! Help! Thanks Matt

Hi Joa, I think we are on similar time scales. I received sc&m AQ this week and as with you they are not available for the month of November! although looking at other threads some people are having to wait until Feb 07 for court dates as the court are so overwelmed with small claims at the moment! wonder why! just out of interest what court are you allocated? mine's Birmingham. Check out my thread for more info: matt Poole vs Lloyds Tsb Cheers for now Matt

Well done Gary, your are a true fighter and inspiration to us all. Thanks for all your help. Enjoy spending the cash. Matt :) :) :)

Dear All (and the man Gary H!) Recieved today 14.11.06 (although dated 07th November!) a copy of the AQ from SC&M, pretty standard stuff - asking for a month to attempt settlement! I have prepared the below letter (I borrowed it from another thread!) please can someone cast an eye over it and let me know if its ok to send? Also do I really send a copy to the court? if I do, do I send a cover letter and ask it to be attached to my claim? Cheers Matt

Bump

Hi, I think I'm at the same stage as you (mattpoole vs Lloyds TSB) and will watch you case with interest - I recieved the defence and AQ yesterday! several days after the deadline! I hope you win by default! good luck Matt

Me again! I have looked over the AQ is the below ok for part G? I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation. Also! does anyone have a template letter for when sending a copy of the AQ to SC&M? Hope your cases are going well - show me the money!!! Matt ; )

Dear All, Received today the defence from SC&M, and Blank Allocation Questionire to complete by the 13th November 2006. I believe the defense is the same as all the others I have read: 3. Defense 1. The Defendant Lloyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank at all material times. 2. 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 details of 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; ',I cheques bank statements the facility to make payments by direct deb1t and stand1ng order debit cards ATMs (cash machines) . 3. By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all 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 paymen~, 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 1 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 *1 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 haven’t listed, we?ll tell you the cost of that service before you give us the go-ahead? ~ 4. There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank’s loss. 5. The customer is given advance warning of 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 month?s 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 ,tiJ letter, m 6. The charges are fair and reasonable, and it is denied that they are unlawful. ~ 7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge 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 19~9,'~are not subject to the assessment of fairness. 8. In the premises: . . 8.1 the charges" are for banking services, and are not damages nor a penalty; 8.2 the Bank i~ entitled by contract to impose the charges, which are fair and reasonable; .,' ',' . ", 8.3 it is denied that the ~'charges are unlawful or contravene any statute or regulation. . . ." 9. The Claimant ?s ,claim is denied in its entirety. It is further denied that the Claimant is entitled to: the. sum claimed or to' any sum~ from the Bank., Is this the same as everyone else? Do I need to send a response? Cheers all Matt

Hi All, Just a quick update. I have recieved an acknowledgement of service and my claim was filed on the 29th September. The letter says that Lloyds have 28 days to file a defence. Sechiari Clark and Mitchell are the solicitors that Lloyds are using and they intend to defend all of this claim. I would be really grateful for any advice from fellow action group peeps, particualry about their contents of the allocation questionnaire as I guess I will be getting mine soon! I hope you are all getting on well with your claims. Matt

Wolfcub, well done!!! congratulations you deserve every penny!!! just posted my moneyclaim with the help of GaryH another bl**dy star. Again well done. Matt

Thanks Again Gary, When I looked at the Schedule of Charges the amount of interest had increased by £2.00ish because I had requested my claim on the 24th September 06 and then obviosuly looked that the spread sheet 5 days later, so it had automatically added £0.43 daily interest! I therefore slighted amended the letter and the SOC to explain the difference. Please can you read the below letter and SOC and let me know if its ok?? sorry to be a pain! Thanks Gary Matt

Thanks Gary, you deserve a medal, who are SC&M?? Matt

Hi All, I'm panicing slightly! I never got the opportunity to attach my schedule of charges to my money claim. I also never oput my account number on the particulars of claim section! am I up the creek! arrrhhhhhh Matt

Hi Everyone, A quick update. Gary H, thanks for the advice, I spent an extra 2 weeks after the LBA deadline to ensure I could defend my claim if taken to court, I think I now have a good understanding, but lets hope it doesn't go that far! Ok - submitted my MoneyClaim on Saturday 23rd September. Recieved a letter from Northampton to explain that my claim had been subitted and Lloyds had until the 14 October to enter a defence. Please keep your fingers crossed for me. I not that bothered about the money about £2.5K (unlike others I am now out of debt), its more the principle that I wouldn't have gotton into debt if Lloyds hadn't charged me and they made my life hell. Any words of wisdom gratefully recieved. Matt July 06: Data protection letter sent 14th Aug: Prelim letter sent 28th Aug! LBA sent 31st Aug: Final Response from Lloyds received 23rd Sept: Money claim submitted 14th Oct: Deadline for Lloyds to submit a defence

Tracie, Hope you are well? I am a new starter about to file my money claim form as well! I need help! how have you managed to attach your schedule of charges? or are you going to send them later? Thanks Matt

Hi All, Returned from holidays to find a response to my LBA, think it is the same as everyone else i.e. dont agree with the OFT and this is the final response! so I guess its money claim next. Not entirely sure of the process, but about to start reading! any help / advice or tips most welcome. Matt July 06: Data protection letter sent 14th Aug: Prelim letter sent 28th Aug! LBA sent 31st Aug: Final Response from LLOYds received

Hi All, Has anyone had any experinece with Lloyds calling them to discuss your complaints? I have had a call this morning 31 August - and before I called them back wondered if anyone had any tips / advice? Thanks Matt

Hi All, Just a quick update! Sent my prelim letter to Customer Care on 14th August. Recieved a general letter back saying they would investigate and respond in 14 days. The 14 day deadline I set on my prelim letter is due this Monday 28th July. If I don't recieve a response by then I will send LBA, which I have laready downloaded and amended. I hope all your claims are going well? I have started to get excited, but also slightly worried about if I'm the one that actually goes to court and the next steps (I'm clueless about the taking them to court system!) but I guess its one move at a time!! Update soon. Matt July 06: Data protection letter sent 14th Aug: Prelim letter sent 28th Aug! LBA sent