surely , bearing in mind that the banks do not wish to see the inside of a court room you could insist they pay the ten pound charge for the SAR as its a cost that you incur on the road to reclaiming your bank charges.if they didnt take the money for unlawful charges in the first place then we wouldnt need to use the SAR and as they wont want to go to court they are surely gonna pay

just subscribing im reading with interest........... good luck,

Hi Can anyone help me, the woolwich defaulted me and my charges are twice what the amount of the default was. i have asked the woolwich to remove the default but they are refusing with the usual response " our charges are fair therefore the default stays as its your fault blah blah blah" i sent them a LBA on the 11th april and im stuck with what to write for the N1 form in the particulars of claim, im ok with the charges part but im unsure what to write for the removal of the default and all the templates focus on the charges element and there is nothing i can find that is a particular of claim for both default removal and reclaiming bank charges any advice would be greatly recieved thanks paul

bennyg13, im slightly confused by your comment regarding the use of the police national computer to confirm ownership of a vehicle. i am of the opinion that you can register your details with the dvla as the keeper of a vehicle but that does not mean you are the owner now does it. i own a car which is registered at my parents address as it is where it is kept and my father is the keeper but NOT the owner as in law i am.

Hi GaryH im curious,i hope you dont mind me asking but what is the martin orton letter about? regards paul

Hi Lindz, The thing is that it has been the case where lloyds pay the money into the bank account weather you say ok or not and you cant make them take it back really. the main thing is that you write to them telling them that you do not accept this payment as a full and final settlement. tell them you consider it a part payment only and on the understanding that you are going to pursue the rest through the county court. the best thing to do is use one of the templates i pointed you to. i hope this helps regards paul

Hi Lindz its pretty standard action for lloyds to pay the 750.00 into your bank account. you can still take them to court for the difference, make sure you send them a letter rejecting their offer of full and final settlement. use on of the templates here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html theree should be one that fits your circumstances but you will probably have to modify it slightly to fit im not sure about the 2 claims, i would think it would be better to keep them seperate but im sure someone else on here can offer some advice on that regards paul

sorry but you need to clarify what you mean by asked for a refund. i assume that you mean you are asking for your bank charges for things such as returned direct debits and bounced cheques? if that is the case you cannot with hold payment unless you have asked them to supply a signed credit agreemeent under the Consumer Credit Act 1974 S.77 or 78 and they have failed to do so after 12 days. that is the only time you could consider witholding payment. if you are looking at reclaiming bank charges then the best thing to do is read here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ that should help you out. if you need any advice then post on here and someone will help you out regards paul

Hi, yes you can reclaim these charges. just send them a S.A.R see here to get you started http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html enclose the ten pound cheque with the letter and sendd it off to the relevent catalogue or store card and its basically the same process as reclaiming bank charges check here for the FAQs which should give you all the guidance you need http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ if you need any further help or advice please post on here regards paul

Hi Gary, I just wanted to check 2 things with you, firstly, in the witness statement it says in paragraph 18 "18. However, and without prejudice to paragraph 18 above, in the event that the charges were accepted by this honourable court as being a fee for a contractual service, I will contend that that they are unreasonable under section 15 of the Supply of Goods and Services Act 1982." am i right in thinking it should be "However, and without prejudice to paragraph 17 above", not 18? and secondly am i right in thinking that the statement of witness should be sent with the court bundle no matter what or does it only get sent if expressly asked for by the judge in the directions i just wanted to check these points as i dont want to be ill prepared thanks paul

Hi Koko personally i prefer the N1 paper format as the MCOL doesnt allow enough room for the particulars of claim as space is limited. if you decide to go down the MCOL route then the address for lloyds is LLOYDS TSB BANK PLC 25 GRESHAM STREET LONDON EC2V 7HN regards paul

Hi all, Today i recieved a "notice that acknowledgement of service has been filed". it says "the defendant has responded to the claim indicating an intention to defend all of the claim" and the solicitors are SC&M .( well theres a surprise!!) cant wait til the 24th april when they send me their standard defence

im a little behind you as lloyds have just acknowledged my claim, dont worry though as you are more or less on the home straight now,if my memory serves me correctly, you will soon get a court date from your court along with any directions ordered by the judge. its basically a waiting game from that point on for lloyds solicitors to get in touch and discuss a settlement. if you want to read other peoples success stories then go to http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/

Hi, Im taking on first national tricity finance for charges against an account i had where they financed the installation of central heating at my house and i was wondering if anyone could advise me if i can claim contractual interest like people are doing with some bank accounts as they have charged me 29.8 % interest on the loan and charges, i have looked for a suitable spreadsheet to calculate contractual interest but all i could find was one for bank accounts and credit cards but nothing for loans any advice would be great thanks paul

well, i called the court today and it appears that lloyds are intending to defend the claim. theyve got til the 24th april to file a defence. from reading the other threads in this forum it appear pretty standard

yep i signed it tooo :D

Hi wannagethelp, firstly, dont panic, the piece you refer to is i assume this http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-important-info-regarding-stays.html which gives guidance as to what to put in section G/H (depending on which AQ you have N149 or N150) to stop lloyds applying for a stay to delay things as they seem to like doing. if i was going to use this i would probably go for the first bit as like GaryH says the second pat is very aggressive and i personally wouldnt use it on my Aq but atthe end of the day its your choice. the other part you need to include in my opinion is a draft order for directions see here http://www.consumeractiongroup.co.uk/forum/general/57707-draft-order-allocation-questionnaires.html?highlight=draft+order+for+directions and there is also guidance here http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html regarding AQs if you are still stuck then let us know what part is causing you the probs and someone will try to help you out regards paul

yeah, he does seem that way. im just sending a letter/ email to my MP Chris Huhne, hopefully he will be more positive than Mr Luff.

Guess you wont be voting for Mr Luff MP when the elections come up then!!!!

i know how you feel but at the end of the day it will be you who has the last laugh when they cough up your money

Hi, unfortunatley they are within their rights (under the Data Protection Act) to confirm your identity as they would be commiting an offence under the Data Protection Act if they sent your data to someone else without checking the identity. having said that you are right in that it is a delaying tactic but one they are legally allowed. the 40 days start from when they have the questionaire so its in your interest to return it ASAP i hope this helps paul

Cheers BARTY,

hi everyone, does anyone know how to get details of claim posted in the "litigation in progress" section. i tried to post my details as i have launched a claim against lloyds tsb but it wouldnt let me post there, apparently i dont have high enough authority any ideas? paul

Hi christopher1980. sorry for the delay in responding to your thread from my understanding of the Social Security Administration Act 1992 your partners benefit should be protected .you should use the template letter on the right of appropriation and send it to your bank. the bank should not touch your partners benefit , thats my understanding of it but im not a lawyer (yet) so i may be wrong regards paul

Hi there the answer is yes to a point,she can atleast stop them taking her money if its from benefits and she can claim any money back that they do take if you read through this post here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/42170-right-appropriation-stop-bank.html this should help you stop them taking your money. then read here for how to claim http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ regards paul