According to the Sale and Supply of Goods to Consumer Regulations 2002 the goods remain at the seller’s risk until they are delivered to the consumer. Thus the supplier is liable should the goods not arrive.

Hi, this is my first post on this thread having successfully reclaimed my bank charges on the Lloyds TSB thread. I am posting on behalf of my son who as an account with A&L. He has no money, has no job and is waiting on pay from his last job to be sent from the Bank of Ireland........long story:( Anyway, to the point of my post, he has a mobile phone contract with Orange and they have recently taken funds for his monthly bill from his account twice. After contacting both Orange and A&L one of the payments has been refunded so that he is in credit by a whisker. However in the time it took for the mistake to be spotted then rectified he has incurred charges for being overdrawn. He has contacted A&L to see if they will cancel the charges that were incurred as they weren't his fault, they have refused and said there is nothing they can do. My question to you out there is........is there something he can do?

You can only go back 6 years, its better than nothing though and well worth the effort.

We waited over two months for a response to our S.A.R. and only got that after a second letter was disregarded, followed by a personal visit to the bank. Keep at them, its worth it;)

Hi Paula, the following is the letter I sent. The court won't have a problem with it, SC&M might gnash their teeth when they receive their copy though, hope GaryH doesn't mind me posting it but it is his work. The Court Manager ****** County Court Court address Court Postcode [date] Dear Sir/Madam [you] -v- The bank Plc Claim Number: ******** I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £***, by way of a cheque/credit to my bank account on [date]. As such, no further action is necessary in respect of this claim. Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly, and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rubutted or ignored. A copy of this letter has been sent to the Defendant. Yours faithfully

Ooh thanks Barty, thats just the sort of letter I was thinking of

Well the money has been paid into my account so its fair to say .......................... I'VE WON!!! Thanks again to everyone who has helped me with advice, one final question if I may, SC&M have asked me to inform the court that my claim has been settled, should I do this plain and simple or should I put something in having a sly dig at SC&M and Lloyds TSB for the courts benefit? Bearing in mind SC&M have asked for a copy of this letter I don't want to upset them, perish the thought

As a comparative novice on this site who has recently won his case following advice given through here I'd advise you to recommend this site to anyone and everyone you hear about who wants to take this course of action. We followed advice given in the consumers association WHICH magazine and on their website and came a cropper, I'm not knocking there advice but this site is so much better as you can ask specific questions and someone will be along soon to guide you on your way. As others have said, its a daunting prospect but well worth it. Good luck with your claim ....................... we'll be watching;)

Received a nice prezzie from SC&M, yesterday (23rd DEC 2006), they start of in there letter saying they are going to file a defence then go onto say that the full amount of my claim will be credited to my account as soon as I return the attached form. Will post more details when I get over the shock.

Received my amended claim from the court, defence needs to be filed by 5th Jan, Round 2 approaches.

I submitted my 3 copies of my amended claim at court last Thursday (30th Nov), should I have received my copy back by now?

I read on another thread that the moderators keep a list of claim numbers. Is this true, if so why do they do this and who do I contact with mine?

Well for the record, I've been to court with my paperwork and my AQ, handed them all in together. Got a copy of my AQ for SC&M, might wait until I get my N1 and schedules back and send them all together or would it be advisable to send it now? Thanks to everyone for their advice so far, been a real help, I thought I had it in the bag following the Which course of action, how wrong I was but I wouldn't hesitate to recommend this site over and above any other similar such sites. Fingers crossed!

Thanks Michael, the one for the bank, do I send that to the registered address or to SC&M?

Ok, got all my forms filled in, one question I'd like to ask and maybe should have before, why do I need to take 3 copies of my N1 and schedule of charges to court? Who do they go to? Also on my AQ what do I put in the 'Other information' section?

Thank you once again.

Oops another quick question, do I enter the Registered office of Lloyds TSB as the defendants or my branch address? Also what do I enter where 'brief detail of claim' is required, I know what I'm claiming for but is there any particular wording to use?

Excellent, thanks for the speedy response.

Sitting down now to do paperwork for my amended claim and can't fit all the POC info into the allowed space on Form N1, can you continue on a seperate sheet? Also is it satisfactory to cut and paste or should it be handwritten?

Haven't got my forms filled in and taken to court as soon as I'd hoped but going to do it Thursday, had a thought though which may or not be important. When I made my original claim on MCOL there isn't an option to put in 2 claimants names, only 1 name or a business name, my account is a joint account. When I send my amended claim do I send it in my name or should I add my wife's name to the claim. Don't want to give SC&M another get out of jail card though they never mentioned this fact on their defence.

I would like to claim from the defendant the sum of £516 in charges applied to my account as a result of me having 2 unpaid direct debits, 1 unpaid standing order and for exceeding my overdraft on 7 occasions. These charges have been applied to my account between February 2005 and September 2006. The bank charges which have been applied to my account are unfair under schedule 2(e) of the Unfair Terms in Consumer Contracts Regulations 1999 (the regulations), which states that ‘a term is unfair if it requires any consumer who fails to fulfil his/her obligation to pay a disproportionately high sum in compensation’. In this instance the bank has charged me an amount which is not proportionate to the amount borrowed. The amount charged by my bank is a penalty charge, which, under the law of penalties, is ‘extravagant’ and therefore unlawful. Under the law of mistake my grounds for restitution are that the bank automatically debited the amount of the charge from my account and was not legally entitled to do so. In my communications with the bank I had itemised the charges together with dates and amounts as well as my account number. I assumed that the POC I've included above on my Claim form and my letters to the bank would make up my claim and be read together thus negating the claim by SC&M on their defence that I'd failed to identify my account or how the sum of £516 was arrived at. When I redo my POC would you recommend using the Which wording or the wording as used on the templates on this forum, an example of which is given by Michael further up this thread?

Has to be returned by the 12/12/06, still not sure what to do with this. With reference to the other points raised, I followed the Which magazines format of claiming which although informative didn't go into the amount of detail required for a successful claim. As I said earlier I wish I'd discovered this site earlier. Oh and by the way thank you very much for your advice so far, its made my course of action much clearer, going to download and fill the required forms in tomorrow (Sunday) and go to the local court on Monday. One final question, if I may, do I need to put in my POC how much I was overdrawn and for how long for every amount charged as Messrs Sechiari Clark and Mitchell have indicated that I should 'identify each charge, the date and the amount of the charge and why the Claimant in each case alleges it is a disproportionate penalty and thus unlawful'.

Firstly Michael, thank you very much for your response. Didn't mention in my first post but I have an Allocation Questionnaire, what do I do with this?

Hi everyone, this is my first thread on this forum, wish I'd discovered it sooner as I could've saved my self a bit of hassle, I filled out my claim against Lloyds TSB using Money Claim online. Nothing further has been sent by me as I wasn't aware I had to send anything. As you are limited to how many lines and words you can use on the online form I couldn't make my POC more detailed so would admit with hindsight that they are probably vague. I also didn't put my account number on so thats proably a double boobie on my behalf. I've got the stock response as detailed on the LTSb Defence - can anyone help/advise? thread and wonder where I go now. I'm determined not to let the bank of the hook but am finding it hard to find my way around this site. Where for example do I find the MCOL Template? What is SC&M? How do I make an amended claim? Would it be better to make a paper based claim rather than online? Any help or pointers would be appreciated.

Hi everyone, this is my first post on this forum, wish I'd discovered it sooner as I could've saved my self a bit of hassle, I filled out my claim against Lloyds TSB using Money Claim online. Nothing further has been sent by me. As you are limited to how many lines and words you can use I couldn't make my POC more detailed so would admit with hindsight that they are probably vague. I also didn't put my account number on so thats proably a double boobie on my behalf. I've got the stock response as detailed on this thread and wonder where I go now. I'm determined not to let the bank of the hook but am finding it hard to find my way around the site. Where for example do I find the MCOL Template? What is SC&M? Any help or pointers would be appreciated.