Thanks for that link. I am a bit confused as the court date I have been given states that it is to give directions only, but later in the letter it asks for us to delivery all documents (including any expert's report) on which I intend to rely on at the hearing....??? So does that mean the full court bundle?? are they taking shortcuts and trying to get all the info in one go?? Also, if I need to bring all my bank statements, do I need to copy ALL the pages to give to the court - its going to cost a fortune?? And should I send the bundle early or wait til the deadline so they dont have time to refute anything?? HELP!! E:confused:

Hi Got the letter from the court today, they have allocated it to the Small Claims Track without asking for an Allocation Questionaire, is this the usual if the claim is under £5000? I have been given a date of 20th August, they reckon 10 mins, and we have to deliver copies of all documents by 6th August. Do I go and gather the court bundle now, is there a list somewhere of what I should send. And should I do it sooner rather than later, or wait til near the deadline so that they cant add to their stuff?? It says we need to bring the original documents to the hearing - do downloads from here count as original documents, or do I need to get copies of the various things from people - did anyone manage to collate T+C for lloyds current account - this account has been opened since aprox 1988, and at various times has been a current account, a gold account, a student account and a graduate account (it is currently a gold account) it was opened prior to combining with TSB. Also do I bring all my current account statements for the last 6 years as well? any advice?? E

Mine are 61/2yrs and 14 months, so a combination of needs. The oldest has CF, so thats an extra hassle, tho is mostly very healthy. The little one is just at the point where he is getting everywhere if you dont watch him, and turning off the computer just as you are about to post a message! I am glad to have got to this stage tho, its nice to know that the bank havnt come up with some new obscure point in their defence, I was dreading the government developing some loophole new law before I got round to doing this, I want to use the money to start my own business as having a CF kid means is pretty impossible to find employment, despite having a wallfull of qualifications... E

Thanks, will call them tomorrow, dont want to suddenly find that I should have done something and didnt know about it. Life is hectic enough with 2 little ones, dont need extra surprises! E

I got the letter from the court which gave the banks defence, and was told I would hear wht to do next from the court. How long does the court usually take to decide what to do next? Am wondering if something has been lost in the post?? should I be chasing the court up?? E

Thank you, had assumed was standard fare, and remember reading about 'cloaking' elsewhere on the board. Guess I now just wait for allocation questionaire or if the court tries to dispense with that e xx

7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the Bank, and persuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assesment of fairness. this is the bit I am wondering about, as in my original claim I am sure it quoted this regulation, so does it specify what things are not subject to assesment of fairness. Also does this statement imply that they know that the charges are unfair, but as they are not subject to assesment it doesnt matter!! e xx

Please, some advice on the highlighted and what I should expect to do now, thank you xx

OK I recieved my defence from the bank letter today, am assuming is just standard, tho a couple of things I wanted to query. I have written out what they said, and highlighted the bits I was unsure of. I have been notified that I will recieve instructions soon, assuming they mean the AQ, tho aware that some courts are doing away, in which case to I go straight to getting a bundle ready? Is that all the bits in the post which is for doing that, and do I need all my statements too, or just the summery of charges?? are there any new 'extra' bits Ishould be aware of?? anyway, this is what they have given as defence 1. The defendant LLoyds TSB Bank plc(the Bank) is a bank whose regsistered ofeice...........admitted Claimant has been a customer at all material times. 2. 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) nb my account is not 'free', I pay a £10 a month account service charge, and I believe this runs accross all gold accounts 3. By maintaining the account in credit, or within the 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 "there are normally no charges for everyday banking at Lloyds TSB when your account is in credit. wWhen you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. When you go overdrawn without an agreement or 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." 4 There is no breach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the charge be a pre-estimate of the Bank's loss. 5. The customer is given advance warning of the charges being imposed; statements show the charges, if any, the customer has incurred during the course of a month, and which will appear as debits on the following month's statements. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangements with the bank. If the customer fails to remedy the position, and payments such as standing orders and direct debits are refused then again the customer is warned by letter. 6 The charges are fair and reasonable, and it is denied that they are unlawful. 7. The customer is notified of the charges in plain intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the Bank, and persuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assesment of fairness. 8. In the premises 8.1 the charges are for banking services, and are not damages or a penalty; 8.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable; 8.3 it is denied that the charges are unlawful or contravene any statut or regulation. 9. The Claimant's claim is denied in it's entirety. It is further denied that the Claimant is entitled to the sum claimed or to any sum from the Bank. any comments/advice would be gratefully recieved E

Hi, came back from hols to find the letter from the court saying that LLoyds responded to the claim indicating that they want to defend all of the claim, which I guess is normal. The letter is dated 16th May, and they have 28 days to do so. Should I expect the allocation questionaire next - is this a usual tactic to keep things moving at a slow pace? How many days after the 28 days should I wait to recieve details from the court about their defense, I have been given a solicitors address to serve documents, but am HOPING that I am waiting for them to give their defence before I do anything else?? E x

Help just taken court papers and have seen that I should have made them go to the registerd address in Gresham??? I sent them to colmore row like the others - will that be a big problem??? e x

Took all my forms down to the court and handed them in, as currently on IS and Carer's allowance (my daughter on highest rate DLA). I also attatched a letter informing the court that I was out of the country between the 13th-29th May, so asked for consideration of submission dates bearing in mind that I would not be able to enter into any correspondance during that time. Filled the information on the N1 form as of the information supplied by this forum. The lady told me 'you are expecting them to defend, arnt you?' as, as has been mentioned on other parts of the forum, alot of people dont seem to think the bank will defend, and dont fill in any further paperwork. So of course I am going to start REALLY reading all the info about Allocation questioaires and court bundles now (some good holiday reading!!) Let you know what happens next (guess will be the Allocation questionaire? Is there anything else which might happen before that, that I should be aware of. So far Lloyds seem to be following the normal pattern... E xx

thanks, sorry about the other thread, just before I didnt get a reply when I needed one until I had put up a seperate question. Will stick with this thread now thanks again e

Hi, just an update before I send out my N1 form Recieved a letter back to my initial saying they were looking into it, and it would take a while Recieved a letter back to my letter before action saying that they werent default charges, they were fees associated with doing alot of work and organising OD etc etc, again very standard response according to the MODs got my N1 form from the court, printed off 3x schedules incl 8% - will photocopy the official one I put into the court (tho may sign in person all three) Do I send one to the bank direct, at the main address (something row, my brain a bit defunct at the mo....) I know I keep one. I dont need to pay fees as currently on IS:-D Then do I log the particulars here, and where??? THANKS to all who have helped, sure I will need more. is looking like close on 2 grand at the moment yahay E xx

Hi, just an update before I send out my N1 form Recieved a letter back to my initial saying they were looking into it, and it would take a while Recieved a letter back to my letter before action saying that they werent default charges, they were fees associated with doing alot of work and organising OD etc etc, again very standard response according to the MODs got my N1 form from the court, printed off 3x schedules incl 8% - will photocopy the official one I put into the court (tho may sign in person all three) Do I send one to the bank direct, at the main address (something row, my brain a bit defunct at the mo....) I know I keep one. I dont need to pay fees as currently on IS:-D Then do I log the particulars here, and where??? THANKS to all who have helped, sure I will need more. is looking like close on 2 grand at the moment yahay E xx

Yes I have done that. I even sent two copies as got a bog standard reply from a different address to that which I sent the original letter to. Right ho - that looks like a job for the weekend after trying to get the Glastonbury tickets!! e x

Thank you, its been a pig of a year and I need it. good news about the extra fees - shall I add it onto my schedule, or just list it seperately? e

Hi, I am at the point where I want to fill in the N1 form, and have the froms to apply for exemtion from court fees, as am currently on income support. I have receieved today the standard letter from LLoyds which is about the charges being fees to arrange overdraft, due to extra work, and not 'default' charges. they mention the OFT guidelines on credit card charges, and the fact that I have not broken an agreement.... all standard stuff from what I have read on here today. Now do I reply to this, or just ignore it and fill in my N1 - is it just a load of waffle to put me off? I saw a mention of the bank 'cloaking a penalty' and I guess this is what they are doing here. The letter seems pretty much word perfect to some others have recieved. Secondly I am due to go on holiday for a fortnight on 13 May, so should I hold off sending in my N1 so that nothing important comes while I am away? how long does it usually take for a response from the N1? Finally, I have been charged more fees this month - can I add them onto my schedule of charges and claim for them too - I have a few months leeway on my account as exactly 6 years ago I wasnt overdrawn for a bit!! apreciate a bit of help..... E

Just sending letter before action - I am sending 2 - 1 to the original address in Colmore row, and one as a reply to the recovery centre just realised put wrong address on tho - whoops!! better get back on the printer. e xx

recieved letter today from Customer Services Recovery centre. guess is just a standard one, but now I have a reference number, they say they have recieved my letter and are sorry to hear I have a complaint!! they are going to carry on to investigate from the info I have sent, but expect to reply within 4 weeks (tho the leaflet they sent "voicing your concerns" aims to send a reply within 8 weeks, or update on progress 4-8 weeks) It suggests the Financial Ombudsman I have read about similar letters, and think the advice was to ignore them and continue to send the next stage letter (after the preliminary one with the schedule of charges) after 2 weeks, but could some one verify this for me and advise what to do next. Monday it will be 2 weeks since I sent them the preliminary letter I also still have recieved nothing in regards to my request for statements from my student account - I only recieved some of them - do you suggest I put a letter froward for Data Info regarding this account, or just deal with one at a time? any advice gratefully recieved E

Sent letter recorded delivery today!!! E

I will be adding updates as I get them, I am a little intrepid, and feel the need for hand-holding through the process! thanks everyone who has given me advice e

hi, just had a look at the lloyds addresses on the link above, but are they related to getting copies of statements? I have my statements, so it is the preliminary letter I need to send, and do I just send it to any of the named people from customer care? Or to the Lombard Street address, or the one at the bottom of the link (their regisstr=ered address, or my own branch manager? sorry, feeling a bit dim now after typing all those numbers E itching to get going now!!

thanks - have managed to do the advanced spreadsheet this afternoon while daughter playing outside, and baby practicing his climbing skills around the lounge! will print them off with the preliminary letter and get them sent tomorrow when I post all my ebay packages! E

thank you - I hope to get my spread sheet done this evening E