If they have taken charges before then you can send your next letter, and only detail those charges that have been taken. Then when and if you need to issue a claim, by that time they would have taken the money that has been ear marked, so you can then include that amount as well. If on the other hand they have never taken charges in the past and those that are due to be taken in September will be the first, then you'll need to wait until they have taken them. Don't worry about going over your deadline, it's your deadline so if you don't take the next step for 3 or 4 weeks then thats fine all you have told them is they have at least 2 weeks, it's their good fortune that you will extend the deadline.

Hello and welcome, i would strongly recommend that you read the FAQ. Having said that i'll try and answer your questions. 1. He should be able to open an account with someone, alot of banks have basic accounts which are open to just about everyone. 2. There is no reason why he's employer shouldn't pay the money into your account. 3. He is not claiming against the loan account and since he has a seperate agreement covering the loan they can't just call it in, even if he is suing them. 4. Claim the whole lot, if they want to tell you what a reasonable amount is and that they want it deducted from your claim then thats fine, at that point you can discuss it (and also ask them if that is their reasonable amount why were they charging you £30 odd quid a go) Now go and read the FAQ before you do anything else, and good luck.

Seems fine to me, go for it.

There are two spread sheets here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ pick the one that best suits your needs.

Why do they drag it out like this? Is their anyone that has got this far and then backed down, i can't beleive having done all the hard work people would walk away at this stage. If anything Lloyds actions just make you even more determined to get your cash. Just a waiting game now, interesting to see if they offer the full amount first time or mess about trying to get you to settle for less.

Any idea where i can view a copy of the act? Can't seem to find it.

So am i right in saying that this blows a big hole in the 'It's a service' defence. Example 17: "requests the Bank to grant him an overdraft of £20 on its usual terms as to interest and other charges. In deciding to honour the cheque, the Bank by implication accepts the offer." In allowing us to go overdrawn they are accepting our requests, so unless they charge £30 to set up or increase an overdraft they are in beach of the act by imposing a £30 'penalty charge'

They are saying that i can not claim interest that the bank has added to the charges, so i can have the charges back but not the interest they took from me as a direct result of the charges. Now anyone can see that if the charges are unlawful then any interest the bamk made from the unlawful charges should also be returned, by telling me that i can't claim the interest and that the courts will not allow me to claim it, i believe they are trying to get me to drop part of my claim, but what they are saying is wrong and they must know it's wrong. So as far as i can see they are lying in order to get me to reduce my claim, this is an abuse of their position, however the law soceity tell me that in order to get a complaint upheld, i really need the judge to state that it is clear that what they have written is wrong and they should have known it was wrong. But how do i get the judge to see what they have written if it's in a letter marked 'Without Prejudice' ?

Can a letter that is marked 'Without Prejudice', that contains a lie, that has been told to get you to settle for less than your claim amount to shown to the courts?

There's certain evidance we can use thats generic to all claims.

I hope you continue with this Tobes, have you sent a PM to bankfodder.

Dissapointing but not the end of the world. Lets hope you get a differant judge on the 8th. Were you ask to submit documents prior to the court date? My case is fast approaching and i've not been asked by the court to submit any documents

Dani is right it does depend on why they are sacking you.

Thanks

Egg, Lloyds and others are trying to take us as far as possible before settling claims. I'm sure i've see a letter someone wrote to the courts, bring to their attention the abuse of the system by the banks, I want to also send this or a similar letter in relation to my claim, can anyone tell were it is?

I would assume that they can just pay up and slid away, i hope i wrong but even if they do, it'll make them think twice next time.

Seen your thread, do you have a link to the A&L statement.

just thinking aloud here. To be paid (wage or benfits) you need a bank account, so a bank account is vital. Is your account vital? because you can get another account with the same facilities does that mean it's not vital? If your landlord tries to evict you but fails to follow the letter of the law you can get an injunction, yet you can go and rent another home. If your employer tries to dismiss you but fails to follow the letter of the law you can get an injunction, yet you can get another job Are you required to prove to the court that they are vital? I know you can agrue that you may not be able to get the same home, in the same location, for the same rent, etc. but you can also argue that you can't get the same account with the same benefits, same overdraft level, etc.

Did you have your wage paid into it? Did you use it for any standing orders or direct debits? Just because you can move to another account doesn't mean this one isn't vital. The first thing you need to do is prove that you need this account, what did you use it for?

Forget the OFT report, yes it was about credit cards but the banks do not have to take any notice of it so don't worry what it's about (although it does state that the same principles apply to bank charges). Regardless of what the banks or the OFT say, bank charges are unlawful, so read the FAQ and start the ball rolling. *Edit: I've just clicked on your link, i'm not sure this is the letter you want to send, what is it you want to do? Please read the FAQ before sending anything to the banks.

I very much doubt that it's up to him who he pays and who he doesn't pay. Nationwide have a policy, he is at the end of the day just an employee, his position means that he signs the legal paperwork and thats about it.

I don't follow you, what the employee has said is what Lloyds believe, (in public anyway). They would be happy for you to tell everyone that they beleive they are acting within the law.

I know this isn't really related to this thread, but it is about SAR. If you have a court date and have already turned down one offer, whilst waiting for a 2nd offer is it worth sending a SAr asking for full disclosure? Would we gain an insight into any future settlement offer or what they intend to do?

Just a thought but how would they know, it's not like they would check your account after paying you, if they couldn't be arsed to do it before.

Just a slight disagreement, hope all goes well with the bailiffs/council.