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I'm just back from Dundee Sheriff Court and disappointed that the judge (Judge Munro) ruled in favour of the bank and approved the sist. She said that although she hadn't dealt with one personally, knows about them. Even though the case is in an English court and may not be completed by February, she said that it was in the best interest to approve it. However if the court is not done by February then i am entitled to go back. Is this gonna be the expected result now that we are near to the anticpated result date?

I appeared in the small claims court in December and the case was put back to February as I did not receive a copy of the bank's defence. My court appearance lasted about 40 seconds and leaves my scratching my head what to do next? Am I supposed to get in touch with the bank or are they legally obliged to send me them? Is this the 'new' way that Lloyds are prolonging the case? Any help greatly appreciated as this is not what I expected after reading through piles of posts.

Hi all. Not been here for a while as I am so busy but thought it would be beneficial to let you know what tricks the Lloyds TSB are upto. I have had a few claims settled before the court date and expected the same this time round. However, when I went to the court, the Judge asked if I had received a copy of the bank's defence. I have had no correspondence from them at all and had to call the court after the return date to see if they intended to defend. Seeing as I had no copy of their defence, the judge has set a date in February to reappear. He said it was going to proof - whatever that means?! Suppose I'm meant to justify my claim then? Anyway, surely Lloyds TSB has acted attrociously by not sending me a copy of the defence? And, is there anything that can be done about that? How can you stop that happening again in the future? Surely they should be wrapped on the knucles by the court for failing to supply a copy? Any other points that should be considered? Thanks for reading

Hi there. What I did was to put all the charges in the spreadsheet and chop it up so that with the interest added, it came just shy of £750. Then I copied that section to a new worksheet so I didnt get confused. Dont know the difference between all the interest things but make sure you fill in Form 1B part 4 with The pursuer claims from the defendant the sum of £xx.xx with the interest on that sum at the rate of 8% annually from the date of each charge (together with the expenses of bringing the action) There has been a lot of people who are not filling this in and the court are getting frustrated (not annoyed though cos they know we are not legal experts) at telling you to change it. Once you get your money back for that section, you can 'grey out' the details of the spreadsheet that is finished. Remember also that interest accrues daily so make sure that you quote the running total figure for that day if you are entering into any dialogue with the bank (which will most likely happen the nearer to the court date) Hope this helps a bit?

Hi guys Thanks for the responses. I had a call from the bank late Friday afternoon saying that they had settled. I told them I would send a dismissal notice to the court once I was satisfied the amount was correct - which is was. As for the jurisdiction debate at the court, I will print off the GLC notes and do 2 versions of the 1B form - 1 for Dundee and the other for Edinburgh. Good to get some real life advice as it keeps you sane!

Hi guys Very interesting reading on this forum. I see that the banks have changed their strategy a bit from a few months ago and would like a few pointers on what to expect. I am due in court this Monday coming (23rd Oct 2006) and have not received a defence acknowledgement from the bank - only a copy of the fax sent to the court last minute. I haven't had any letters, emails or calls from them and therefore expect to be in court. My main concerns are: Will they use certain tactics to get the claim thrown out, and if so, what things should I be aware of? Should I have all correspondence ready to be taken down to court or will this be a simple 'prelim' type of hearing to arrange a proper date? I remember reading somewhere about bank charge leaflets and should I go to the bank for a copy to take to the court, or is there an online version? As a footnote, I have been informed by someone making a claim that the judges in Dundee Sherrif Court are in debate over the Lloyds TSB claim that any claims being initiaited in Dundee should be done in Edinburgh as the registered office is in Edinburgh. They will have a decision today (20 Oct 2006). Another delay tactic by the fat cats. Thanks for all help

I am owed about £3,000 from Lloyds TSB Scotland and recently got my first £750 back. So now I will be going for the rest and have a question or two. Do I send an LBA letter stating the outstanding amount and go through the process that I have just finished, or, go straight to the summons and have that served on them for the next £750? I have already given them an LBA letter with the total amount so that should be on their file, and as they have already told me to get lost, should be able to go straight to the summons bit. Or would it be easier either to talk/send letter to the bank manager and asking for the outstanding amount? If I should start from the LBA letter again: The LBA letter for the initial claim was sent to my local bank manager, who gave me the normal, "your fault so bog off" letters so should I send it to the department who were dealing with it after the summons was served? If I should go straight to the summons: No problem then. Will get onto it ASAP! As usual, help greatly appreciated!

Hi all They settled the full amount of the charges, the interest calculated at 8% from the date of initial charge to yesterday (Thu 11 Aug) and my summons fee. The solicitor was Derek Macleod - Solicitor, Legal, Henry Duncan House - would that be right?

UPDATE: Got an email stating that 'the Bank is happy for your account status to remain as it is and will, therefore, not impose any further terms as set out in my earlier e-mail '. So I suppose thats the end of that claim?! I need to inform the court, so away to do that now. CAG can look forward to getting a donation soon!

Just checked my bank account and see that they have put in the full amount claimed as settlement. However, I have not had confirmation that the terms they tried to get me to agree to are not implied. I've sent them an email stating that they will have to give me confirmation that no terms are implied or the claim is still ongoing and will be called on Monday as originally planned. Is there anything I should be wary of as im a bit suspicious of their actions? Any other advice? I stil have to claim for other periods so will I have to start at the beginning and send the LBA or just email the bank and tell them that I wil go to the small claims again if they do not offer me the outstanding amount (approx £2K)?

Hi All. Thanks for the replies - it keeps me motivated. I had a look at the reply of xr537 and based my reply around that. Very good by the way! Lots of food for thought to keep the bank busy! I sent them an email this evening pointing out their 'counting errors' and made it clear that the interest was accruing each day. I also told them that any attempt to close my account will be in breach of the Banking Code and only full settlement without any terms attached will result in a halt in the proceedings. Oh, and to keep them on their toes, I said I was confident should it go to court I'll keep you all posted.

Hi all again. Sent an email last night in response to the bank's letter regarding their 'deal' which was not acceptable to me. They acknowledged the amount but not the interest and asked me to comply with their terms! I thought I was claiming against them and not the other way round?! Anyway, I sent the email and a reply arrived today. This acknowledged both the correct amount and interest BUT STILL they want me to agree to terms that basically waive any right to future claims. They also said ' if you are unable to conduct your account in accordance with the Terms and Conditions, then you should consider making alternative Banking arrangements elsewhere '. I certainly dont want to surrender an option to claim in the future. I will be sending an email back stating that but would like a help with the wording, if anyone can spare a moment or two? In actual fact, I dont want to comply with ANY of the conditions, so am I pushing it?

I received a letter today from the bank marked 'Without Prejudice' saying that although they do not accept my claim, they are willing to give me my money back - although not the full amount. They also want me to do an account review and waive my right to claim in future. This in not acceptable to me and after reading other LTSB posts, this is very similar in a lot of cases. I am wanting to be very careful in my wording telling them that the full amount and nothing less is acceptable so any advice much appreciated. Also, should I agree to an account review (after conclusion of the claim)? Note fo MJ: Sorry MJ for PMing you. My questions would be better in the public domain to help all. I realised this after I sent it. If its not of a personal and private nature, best to let all benefit!

I received a letter from the LTSB Credit Operations and Support section saying that they intend to defend on the following grounds : The fees that you seek are properly incorporated into your contract with the bank; and By making payments (whether by cheque, debit card or any other means) from your account where you have insufficient funds to cover them, you are making a request to the Bank for an increased overdraft, which the Bank may meet or decline. If it meets your request, you must pay the necessary charges. The issue of penalties only arises as a matter of law where there has been a breach of contract, and there is no breach of contract here. They then want me to make contact with the local branch manager to review my account. They also want me to return my '3 in 1' card (which was taken from me a year ago) and my cheque book. What step should be taken next? The calling date is just over a week away and I'm a bit anxious that they will try to use their solicitor's experience to wangle out of this. Still feeling confident though although i will be hyperventilating on the day! Any advice greatly appreciated.