Is the RBOS forum not on here?

Hiya I was supposed to go to court today (17th April) against Lloyds TSB, I took all the advice and help from this website, and, against better judgement, went to the bank this morning (court appearance was 10.15) at around 8.25. As the site says they "take it to the wire" I was claiming £680 charges, and lo and behold £752.64 was paid into my account this morning. Hang in there, they are pussycats, they know they cant win! Mind you, my partner was miffed, he was hoping it would go to court so my case could be cited and no one else would have all this sh*t!!!!!! Take care, keep in touch Big Ted (aka Ann)

Not even sure, they wont say!!! My credit has been good since last August (anyway not that it was bad before) but that was when the charges started, dont know if it is related, or me just being paranoid! I only joined the bank in 2005 (after having been with RBOS for 25 years) (next claim here I come) so figured it was cos I was a new customer Any help welcome! Big Ted (aka Ann)

I know this is kinda past the post, but I filed my Small Claims on 28/207 and it was served the same day! So dont understand the delay you had! That is (after all) what you are paying the £39 for! However, keep you chin up! I was supposed to appear in court today (and Lloyds TSB had filed a defence) at 10.15, went to my bank at 8.26 and lo and behold they had put £752.64 into my account!! (I was only claiming £680 charges, so can only assume the difference is the small claims charge and the interest) Any help (and I aint no expert!) let me know! Big Ted (aka Ann)

Just a quick question, having read the preamble on the site (which I didnt do before, what a dohball) I realise that I may have been penalised as I have never been offered a Switch card, I only have a card which means I have to go to the bank, or a Lloyds TSB cash machine. Is there any way I can redress this, as they have paid up? Big Ted (aka Ann)

By the way, that £252.64 I posted earlier should have been £752.64!!!!! Sorry, got carried away! Big Ted

In reply to Maryhillgull "yes it was 8%" I think maybe thats why the odd amount £252.64 To everyone else "A realy big thanks to evryone for there help and advice sometimes late into the night" . In particular site helpers BIGMAC and GARYH who went through my paperwork with me step by step and who I could not have done without.

Have already done that! I now need to transfer money into my partners account to make the donation!!!! Dont worry! It will be done. By the way, I was only claiming £680!!!!!!!!! and they paid me £752.64!!!! Cant get over it!!! Big Ted

Hi all, No need to go to court today!!!!!!!! Just been to the bank and they have put £752.64 claiming "Bank Claim Refund" into my account YAHOOOOOO!!!!!!! I hope its easy donating to this cause, for all I am on benefits, I am still going to pledge 5% of my win for ALL the help and support I have received. THANK YOU all very much!!!! However, the paperwork (and research I have done) is now available to help others! YA DANCER!!!!!! Big Ted:D

No court today!!!!!!!!!!! Just been to the bank and they have put £752.64 into my account quoting "Bank Claim Refund" (was only claiming £680! YAHOOOOOO!!!!!!!!!!!!!!!!!!!!!!! Big Ted (aka Ann)

Well, Today is the day for the first Hearing in the Sheriff court. I will let you all know how it went as soon as I get back. I'm not sure whether to mention the fact that they are citing the wrong case in there defence at this stage or hold that back till the second hearing. any advice before I leave???

Hi All, Have just downloaded the case they are citing Castenda and Others v Clydebank Engineering and Shipbuilding Co Ltd. Turns out they havent even cited the correct case. The case is actually "Castaneda and Others v Clydbank Engineering and Shipbuilding Co Ltd" Could I quite legitimately quote that they case they are citing in their defence does not exist or is that being petty?

Hi Gary, First let me take a second and thank you for your help. In answer to your question , I have not been asked to provide any evidence or papers of any kind. nor have I asked Lloyds to do so, except to provide me with a list of the charges, which they have done. I am going to study the docs. you have provided. I will let you know if I have any problems understanding anything tomorrow. Many thanks again.

Hi there, Apart from going to court myself re: bank charges, a friend of mine as sent away the letter under the DPA (and received a letter stating it has been received) asking for his bank statements to Royal Bank of Scotland, however, 54 days later he still has not received a reply. What should his next step be? Many thanks for taking the time to read this Big Ted

Hello every one, I downloaded the letter from the BBC Money Programme to request all my previous bank charges for the last 5 years (Scotland) under the Freedom of Information Act and the Data Protection Act to Lloyds TSB along with the £10 fee and received a list of the charges they have taken from me over that period. I then sent the next letter asking for these charges to be returned and received their standard letter saying all charges had been explained at the opening of the acount and they were not going to refund them. So my next step was to file a small claim at Dunfermline Sheriff Court. The case is to be heard on the 17 Aprill and they had until the 10th of April to reply and state if they were going to defend the case. I phoned the court to see what their reply was, if any, to find they are defending the case! In fact, attached is an extract of their reply. Admitted. Admitted the Pursuer has an account number (blank) with the Defenders. Quoad ultra denied. Denied. Explained and averred the charges forming the subject matter of this action are imposed as a term under the contract between the Defenders and the Pursuer for the provision of Bank services by the Defenders. 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:- · Cheques · Bank statements · The facility to make payments by direct debit and standing order · Debit cards · ATMs (cash machines) 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 payment, 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’s: “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 an agreement of 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 The charges represent a fair and reasonable reimbursement to the Defenders for the services provided to the Pursuer. 4. The case of Castenda and Others v Clydebank Engineering and Shipbuilding Co Ltd (1904) 12 SLT 498 is referred to for its terms beyond which no admission is made. Quoad ultra denied. The Unfair Terms and Consumer Contracts Regulations 1999 and The Office of Fair Trading Unfair Contract Terms Bulletin 21 (July to September 2002) issued in May 2003 are referred to for their terms beyond which no admission is made. Quoad ultra denied. Explained and averred the Defenders are entitled to impose the charges for services rendered to the Pursuer under the terms of the contract between the Pursuer and the Defenders. The contractual term specifying the price paid for the service provided by the Defenders to the Pursuer is not subject to an assessment of fairness in terms of Regulation 6 of the Unfair Terms and Consumer Contract Regulations 1999. The charges represent a fair and reasonable reimbursement to the Defenders of the services provided to the Pursuer. Denied. Denied. I would be grateful for any advice you can give me with regard to attending court on Tuesday, as I have opted for no representation, and therefore I am rather perturbed!!!! Also, can anyone please advise which case they are citing (Number 4 in bold)? Big Ted