LOL I'm not going to be holding my breath but it would be nice to just get that one sorted! Have sent the letter off today and thank you

Have just checked my bank account and the full amount is there am e-mailing the court now to let them know. Thank you for all the help and advice. BTW the Lawyer at SC&M asked if I had any more charges I'd be claiming for, which I do as this claim took 11 months and he asked me to send the details direct to him to see if he could get that claim paid out any quicker! So w00t all round

WOOT! Just got a call from a very nice man named Gary at SC&M offerring me a full settlement in my account later today I'll post again when the money is actually there but WOOT WOOT WOOT

sorry to repost but my court date is this Friday (I really did only find out this afternoon as the post in this building is always getting lost!) I'm going through the "GOT A COURT DATE" thread and doing eveything advised in that just wanted to know if there was anything else I should be doing Thanks

Panic! I haven't posted in a while as I've been trying to get a fixed court date settled. I called the high court again today to be advised that my hearing is set for the 22nd June at 09.30am! I should have a received a letter on the 23rd May apparently (errr nope) so am now slighty panicking! HELP! What do I need to get ready for Friday? It's a CNC hearing and apparently there are quite a few others taking place on the same day. As I said this is the first I've heard about it having received no letter so I haven't submitted anything (bundle) at all! Thanks

Great thank you

This was the letter I got from the local court General Form of Judgement od Order Before DISTRICT JUDGE AVENT sitting at Central London County Court. Upon the courts own motion. The court has made this order of its own initiactive without a hearing. If you object to the order, you must make and application to have it set aside, varied or stayed within 7 days of receiving it. IT IS ORDERED THAT 1. The particulars of claim are struck out because it does not disclose the Claiments case. 2. Unless by 4pm on 15th January 2007 the Claimant files and serves a full and detailed particulars of claim complying with Civil Procedure Rules 16, the claim shall be struck out and the defendant has permission to apply for a summary assessment of their costs of the action. 3. If the Claiment complies with paragraph 2 the defendant has permission to file and serve an amended defence y 4pm on 12th February 2007, the costs of such amendments being paid by the Claimant to the Defendant in any event. 4. The file shall then be referred back to the Disytrict Judge for further directions. I went down to the court in person to give them the amended particulars of claim and then sent these to SC&M by special next day delivery which was signed for, they were also stamped by the courts too. So just wondering what to do next really, the girl I spoke to at the court said that the claim was still open but she wasn't sure what was happening with it. Do I continue to call the courts? Thanks

Hi there peeps Just a quick question. I had to resubmit my particulars of claim because the court deemed that there was not enough info provided which I did to both the court and SC&M. SC&M were then given a further 28 days to decide what they wanted to do, that expired on the 13th Feb and as yet I still haven't heard anything from anyone. I called the court and they confirmed that the claim is still open. Should I write to SC&M asking whats going on or keep calling the court and chasing them? Thanks

woohoo more fun and games with Lloyds thanks for the info

Hi Hope everyone had a Merry Christmas and a Happy New Year Just a quick question: If Lloyds have been charging me since the date I sent my claim in can I add those charges to this claim or will I have to start a new one when this one has settled? (positive thinking;) ) Thank you

Thank you for the total amount I would settle for should I put just the total of the charges or the total inlcuding the charges interest and court fee's? And if yes should I just put the total or provide a break down? I have sent them the schedule of charges and the spreasheet showing the interest calculations.

Yes they have asked for a month to settle. Should I write to them? Are there any template letters I could use as I'm useless at writing them myself!

So have sent off my AQ and recieved one back from SC&M, is it now just a case of waiting for a court date?

Gary That's perfect thank you very much. My original form was never amended so I shall get on to having that amended asap! Thanks again

Thanks for the link, this was the page I used to complete the AQ it just left me with the questions I posted so if anyone could have a quick look that would be great. I messed up my MCOL form so I wanted to get this right!!!

Hi There Was just wondering if anyone could give me some advice with my questions? thanks

Ok just a few questions about my Allocation Questionnaire ..... I have looked at the help thread and it was very helpful ;-) but still have a few more questions about it just to make sure! 1.) Should I copy everything and send these copies to SC & M? 2.) Section B - Location of Trail - They have already moved the claim to the nearest court to me so should I put anything in this field? 3.) Section D - Track - My claim is for just over £6k before interest, should I tick the Fast Track box as I know this is the track my claim should be and then try and convince the judge in Section H - Other Info that it should be heard in the Small Claims Track? Or should I tick the Small Claims Track here and again try and convince the judge? i.e. "I am respectfully requesting 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" 4.) Section F - Proposed Directions - I read and reread this and still couldn't make head nor tail of it, any advice? "Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim. Agreed directions on fast and multi-track cases should be based on the forms of standard directions set out in the practice direction to CPR Part 28 and form PF52. This might include a directive to force the defendant (bank) to comply with a Subject Access Request under the Data Protection Act, or to include a direction that parties make Standard Disclosure." Is there anything I should be attaching to my form with regards to this section? 5.) Section H - Other Info - the question "Do you intend to make any applications in the immediate future?" What does this mean? Ok thats it so far! I'm going to include the particulars of the claim that I typed up as I didn't get to add them to my N1 form and also all the schedule of charges and the spreadsheets showing the interest calculated. I'm sorry if these are really obvious questions but I messed up the online claim form so I wanted to get this right and not allow Lloyds any room to wriggle out of this!!!!

Defence was filed by Lloyds on the 30/10/06 and the case moved to the central London court. I've been trying to amend my N1 form to show more details of the particulars of my claim however as the defence was filed MCOL have returned my fee and N1 form unchanged! Hmmmm trying to contact the London court now but they are constantly busy!! Fun and games hey! Anyways just thought I would update this thread

Thank you very much karnevil I did amend the wording in the copies I printed out for the court, just copied and pasted from the old version ... ooops! I'm the only claimant but I am claiming for my single and joint account in one. Right will get all this sent off first thing in the morning!

HA! oooops! I just called MCOL and they advised me of the precedure to change my claim. She also advised me that Llyods had Acknowledged my claim today, by the sounds of things this was very speedy on their behalf!!! Will be sending my amended details in to the court asap!!!!!!!!! Thanks for the advice OK i just wanted to make sure that i'm submitting the correct info to the court this time so if someone could have a look at this and make sure I got the right template this time that would be great !! Northampton County Court 21-27 St Katharine's Street Northampton NN1 2LH BETWEEN Sian Welgemoed And Lloyds TSB PARTICULARS OF CLAIM Claim Number: 6QZ70167 1. The Claimant has accounts ("the Accounts") xxxxxxxx and xxxxxxxx with the Defendant which was opened on or around October 1997. 2. During the period in which the Accounts has been operating the Defendant debited numerous charges to the Accounts 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 Accounts 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 £6741.50 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: S E Welgemoed Date: 12 October 2006 I did put my account numbers in the bit's I've marked xxxxxxxx and xxxxxxxx. I'm also enclosing the schedule of charges as it was sent to the bank and the spreadsheet with the interest added. A paper copy of the above (which I have written on in red ink on my N1 claim form) is there anything else that I should be including? Apart from a cheque for £35.00! Thanks

Ok, I've just sat down and done the spreadsheet's for both my account that I'm claiming for and including the court costs the total including the 8% interest is £8308.87 for the last 6 years!!!!! :o As I've said I think I messed up in my MCOL form as I really did just put "unfair bank charges levied against my bank accounts for the last 6 years" so i'm going to send them paper copies of the schedules as I sent them to the bank, the spreadsheets with the interest added, the overview for both accounts, the template for the particulars of claim and a cover letter. Some ppl have mentioned that I can change my claim for a fee of £35, would I just call the MCOL to arrange this and if I'm sending them all these details would I need to? Any advice appreciated or a point in the right direction if I've overlooked the answers somewhere else on the site:rolleyes:

I did literally put "unfair bank charges levied against my bank accounts for the last 6 years" with the llyodstsb reference number! (I found the template of what I should have put after I'd clicked send ) I have printed out the template and was going to send this to the court as well. Thanks

Thank you Stevo and Congrats to you Ok, so I'm thinking that I need to send a paper copy of my schedule of charges to Moneyclaim for them to attach to my file? If I'm right do I send this to the Northampton address? And will it matter that I put very little info on the online form? All advice appreciated Thanks

HA! Yes your right tiny little suburb in Cape Town quite a nice one though, think it means "well to meet" or "well met" if you translate it! Not too sure as it's my married name and I don't speak Afrikaans!

Ok, got my "Notice of Issue" letter from HMCS Moneyclaim, think I might have messed up the actual details though as I only put "unfair charges levied against these bank account over this period of time" then I found the template for what I should have put! Oooops! Will they just write to me to ask for more information or will I have to file a whole new claim?? Will teach me for not researching properly first!