Hi I wonder whether anybody can tell me who is right and who is wrong - i do not intend taking anything further but this is just to satisfy my own mind. I recently changed banks and forwarded my new bank a/c details to my manager - I checked and double checked and I KNOW that i sent the correct details - however - this is not the issue -----I noticed on pay day that my wage was not in my a/c and checked it against my pay slip and they had put a digit out on the numbers....they told me to go to my bank to sort it out....I went in twice and rang umpteen times - each person that i spoke to said that my employers have to sort it by putting a trace on it and it will go back to them......they had sent my wage to a totally invalid a/c. my employers cared little and spent over a week of trying to sort it - eventually i was told yet again to go into my bank and sort it....a manager in there was disgusted that they were making me do the leg work and that they had not issued me with a cheque whilst they sorted it - ..... Nw 2 weeks later they have finally done what i told them at the beginning and put a trace on it and it went immediately back to them so they could put it in my account...I have been told it is my fault - my banks fault because they were sitting on the money etc......I believe what my bank has told me - that my employers have to put a trace on it and request it back....which they eventually did...who is at fault my bank or my employers....i was left two weeks unable pay my road tax - had to borrow money from my family to pay my large direct debits it has been a nightmare... I would be grateful to know who is right or wrong.... thank you so much

Guido Many thanks indeed - just to let you know that I have received it. Al the best

Christina - Yes it does. Thanks for your response. Guido - there were two sheets one was simply `notice of trial date` the trial of the above claim will take place at 11.00 am at Bromley County court Any application in the case must be made to the court where the case is to be tried. Please note - This may be released to another Judge, possibly at a different court. The second sheet was `Notice of allocation to the small claims track (hearing) District judge Thomas has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. The hearing will take place at 11.00 on the 6 September at Bromley County Court. and should take no longer than one hour. The court must be informed immediately if the case is settled by agreement before the hearing date. Each party shall deliver to every other party and to the court office copies of all documents (including any expert`s report) on which he intends to rely at the hearing no later than 14 days before the hearing. The original documents shall be brought tot he hearing. Guido - I did not fill an AQ - I have heard nothing from [problem] other than the court sending me a copy of their defence......With wonderful help from Elsinore I have corrected scams assumption that I claiming back all of my authorised overdraft interest - and infact this letter from the court seems to be almost a return of post from the letter I sent them correcting scams presumption. Is any of this anything to worry about at all. Many thanks

Today I received something from the court....it was a Notice of allocation to the small claims track (hearing). It just says that district judge thomas has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. The hearing of the claim will take place at 11.00 on the 6 September etc etc etc. It also includes a notice of trial date. Is this it for now? - does this just leave me to get my court bundle together? Very many thanks - 6th September though!!

Barty hi, Thank you so much for your helpful reply - I can get rid of those nagging doubts now and will give the court a call on Monday. Thanks again - much appreciated. All the best

Well done Berty and congratulations. I have just read your thread. Hope your money is in your account very very soon.....Good for you.

Hi, Could I just ask about something that has been nagging in the back of my mind. If LTSB have issued a defence - I received a copy on the 8th June....does this mean that I do not have to fill in the bottom half of the notice of issue sent to me ages ago......I am thinking that you only fill in the request for judgement if they have not responded......also why does this take sooo long? I have to sort out my `court bundle`- why have I read that you need about 200 sheets of paper or copies of things...that sounds such a lot of stuff.... Something else that has been nagging the back of my mind....I did not send copies of the actual spreadsheets - I just listed the dates the amounts charged and reason etc.....is this okay? Is there any way we can hurry things along at all? Sorry to sound stupid.....many thanks. Best wishes

I have had a good read around.....Do I just wait for an allocation questionnaire from court now? Am I right in thinking this costs another £100 Thank you I see what you mean photoman - This is certainly no `walk in the park`.

Minty, it does not take too long. Don`t be `scared` Your claim might clear that outstanding debt you have with LTSB with some over for you. I am always fumbling in the dark here and if it were not for this site I would not have had the courage to put in my claim..... Photoman did put a link on one of my threads that has the A-Z of any difficulties...I am just going to have a look now myself....You might want to take a look too if ever you get stuck. Good luck and do post whenever you have a prob...I am pretty useless myself but there are always knowledgeable people here to help...You might want to start your own thread which might be more helpful to you. All the best

This is what I actually put in my LBA to them regarding the amount claimed. `I calculate that you have taken £*** plus £*** which you have charged me in overdraft interest for the sum which you have taken, amounting to £***. I am also requesting, due to principal of mutuality and reciprocity, contractual interest of £*** - making a total of £*** They must know that I am not requesting back overdraft interest per se....They must know that I am asking them to pay me interest on what they took from me. I would be most grateful for any help please. Many thanks - sorry for being a pain! PS Please see post (couple up) of what they have said regarding this......Thank you.

bump - anyone? Thank you

PS - Guido, Just read your thread - Heavens above (being all dramatic now!) that is all way above me!!! Loads of good luck....you deserve absolutely to win. Guido, I know that I sound thick - but what do I actually do now at this stage??? :idea: (At least you know what you are talking about!) I don`t have a clue! All the very best - I will keep up with your thread now - waiting to congratulate you.

Guido, Thank you so much! Mine is exactly the same as yours to the last letter......However, there is a large section in mine that is not in yours......I shall try to type quickly. `Furthermore, the Claimant appears to be misconceived in that the Claimant is seeking a refund of oeverdraft interest, There is no claim for refund of the authorised rate interest as it is contractually due and is a core term of the agreement between the bank and the claimant. As such, the defendant denies that they are indebted tot he claimant for the sums claimed under this heading. The defendent will rely on the case of Emerald Meats (London) Ltd v AIB Group (UK) pLC (2002) EWCA Civ 460, which is authority for the proposition that a customer entering into overdraft arrangement could expect to pay interest ont he basis of the standard practice adopted by the bank. I find this puzzling because I have not claimed for overdraft interest as such....... Unless perhaps, they have misunderstood me in that I mentioned they had actually taken a huge amount for actual overdraft interest, service fees, etc etc.....(to make a point that these were valid - and heaven knows I had paid them enough anyway...) but I was only claiming back `penalty charges and interest incurred on those penalties. I am a bit confused....are they maybe adding this section into their defence of late perhaps....has anybody else received a defence with this included???? Anyway - many thanks again Guido...Do I just hang on to hear from the court now?......I will go back to your thread and have a good read - see what I can glean... THANK YOU!

Hi, I am just bumping up my last post really (I could not possibly type out their defence as computer is playing up and get cut off after a while). Could I ask again whether this is just a standard defence and what to do next please..... THANK YOU

Minty hi I am no expert on all this stuff however, I would imagine that you absolutely can still claim charges regardless. Good luck.

I received a copy of LTSB defence today......(I know that I should really completely understand elementary stuff like this by now - but would appreciate some reassurance please). Is this just a standard defence...It is three pages long and lists 10 points....It basically states over and over that these are not penalties but fees for a service - that I was fully aware of their terms when I became a customer and it is a misconception on my part to think that I claim a refund of interest on overdrafts (I did not - I just claimed the interest on the OD as a result of penalties etc as everybody here has.....)....I am panicking aren`t I!!!! Can I just ask whether you feel this is just a standard defence.....and what I do now please.....Do I just hang on and wait to hear from the court again..... Thank you!!!!! All the best

WELL DONE - CONGRATULATIONS. I was just reading your thread trying to get some help...Lloyds have not submitted their defence yet and getting scared and nervous about whole thing......Your thread has been very helpful to me and I have saved it for future reference. Well done again.....I bet that is such a huge relief to you.

Elsinore, Thanks very much. Much appreciated.

Sorry - its me again! I have obviously scanned the site over the past few months - however, just so that I am absolutely sure, can anybody tell me please what the state of play is....I am not sure whether I just leave things and wait to hear from the court etc.... The court sent a notice of issue saying it would be deemed served to LTSB on 12 may.....and then I received a notice from the court saying the defendant filed an acknowledgement of service on 24 May - Apparently they indicate an intention to defend all of the claim...... Just to be sure, do I just wait now and do nothing. They have until this coming Saturday to file a defence. Can anybdy tell me please what happens next..... Thank you! Best wishes

Well done Whatmoney!! I am sorry that you did not receive any interest though...but congrats! I have possibly shot myself in the foot I feel....I am claiming contractual 18.9% but in the alternative - at the courts discretion (because they took my money unlawfully) unauthorised, I did not mention 8% at all....and they are defending the whole amount....maybe I will end up with no interest whatsoever as well. At least all the stress is over for you....I hope that you can treat yourself with the settlement. Best wishes

Photoman hi Many thanks for that - as always a really good help - very grateful...I shall have a look at the links.....will set up an umbrella account today online. I think that I shall indeed wait until my overdraft facility is reviewed before proceeding with current account claim.....It is so wrong that, as in most things, it is the most vulnerable, the weakest (the most hard up) that are often afraid to stand up for themselves. Our claims should be entirely independent to what is going on with our bank accounts - we are paying for the privilege of those facilities - they were agreed by the bank in the first place.....and none of this should be `allowed` to be affected by us asking back for what was unlawfully taken from us. On my current account they had been taking a whacking £60 for inadvertently going over my limit for a couple of days at one stage....and then once people started reclaiming bank charges it was dropped to around £30.....I know that overdraft facilities can be called in as stated - but if we have been a customer for a long time and have stayed within the limit of that facility and faithfully paid them for the facility, it is outragious that they call in overdrafts just because we are reclaiming charges......My overdraft facility is infact larger than my claim as well!!!I shall read the links photoman and thanks again. I hope that your claim is going well...if I recall, you are claiming unauthorised and I hope that all goes well and it is settled soon. Best wishes

Thank you both very much indeed - I am very grateful for your help and you have put my mind at rest. Guido, the solicitors are Sechiari Clark and Mitchell.....Still hesitant about putting in current a/c claim until OD has been reviewed - I figure it is reviewed automatically with just a year put onto it if there have been no probs and defaults - which there have not - I feel that to put in a claim means the account is actually looked at and they might get stroppy....thank you anyway.....still not sure. Many thanks.....best wishes

Dear anyone! I know this is my LTSB thread - however, can I possibly ask about my MBNA claim - I did not get a respone to my LBA and really should have put in my court claim by now.....However over the past week, when I get home there is always a message from MBNA on my answerphone...it does sound a bit automated with exactly the same message that does not say my name at all and there is a long pause before anybody speaks..so I sense it is not an actual person on the phone - it asks me to call a certain number.....I do know that `if` this is about my claim, I will mess it up completely because if they speak of charges being valid and that I knew what their conditions were when I opened my account, I know that I will end up saying, `Okay, alright then`.....I would be useless, I did say in my prelim and LBA to them that I would like all correspondence between us to be via letter......should I just ignore these calls from them and just put in my court claim?? Sorry - I don`t mind admitting that I am a girlie all on my own and I do not like confrontation etc...and I find all of this so scary. I received a notice from the court that acknowledgement of service had been filed with LTSB - business a/c and they have indicated an intention of defending all of the claim....Is this standard? I have not sent my LBA on my current a/c yet - it is for 3k and I am waiting until my annual review of my od facility where they normally just add another year - this is july 17 - I figure that if I wait until I have another year put on the facility, there is less chance of them calling in the facility (which is at its limit - lathough I do keep inside that limit). I do find this all so scary...... Anyway, I do hope that your claims are going according to plan. Best wishes

Augusta hi I read your post when it showed in my private e-mail because I have subscribed to this thread.....I felt for you as I would be feeling exactly the same - all a bit scary to me and I would not really have a clue either...I was going to post to tell you to try not to worry and to post all of your questions here as everybody on this site is `fab`.....but having arrived on the thread I see that everybody has come through for you - as I was going to say they would. Good luck! Try not to worry - stick with the guys here and all will be fine! Very best wishes

Just catching the news this evening made my heart sink....however, thank heaven for this site...my immediate panic reaction was, `Where is Gary H, Guido and PM`.....Having read through some of this stuff briefly it seems that today`s win by LTSB is just one of those things - a bit of a fluke - circumstances - and it is a lesson - to me at least - to take this all very seriously and be well prepared. Good luck to all....You are all going to get your money back! PS KEVIN - GOOD LUCK SHOULD YOU APPEAL.