Hi Gary, sorry to jump in on your thread but I would be SO grateful if you would go to my thread and have a look at my last post. Lacking confidence and just need the go ahead really.

I have just got all my "evidence" together to send to the court and SC&M prior to court date of 10th September. Just want to make sure that I have enclosed the relevant stuff as it needs to be with the court by July 18th. Still not quite sure whether I'm supposed to include the whole bundle but I thought the more info the better. This is what I've included: A schedule setting out each charge repayment which is sought. Copies of statements showing that each and every charge has been made Statement of Evidence Early Day Motion 22/5/06 Dunlop Pneumatic Tyre Co v Ne Garage and Motor Co Ltd Murray v Leisureplay Plc Keating on Building Contracts Lloyds TSB visa debit card letter valid from 31/4/04 stating that if I go over agreed overdraft "you will have broken the terms of the Account". Copies of current account charges dated July 03 and October 04 in which is states "any unauthorised borrowing means extra work for us, we cover this by charging you the following fees". Copy of current account charges dated May 05 in which the above wording has been changed to "please make sure you have enought cleared funds in your account" OFT report, April 06 BBC transcript of interview with Peter McNamara Press release and Australian Default charges report Examples of charges already returned by Lloyds on the CAG site The Unfair terms in Consumer Contract Regulations 1999 Example letter which states "recoup our costs" BBC News: The Money Programme bank commission 11/12/06 Correspondence with Lloyds since initial request for bank statements It is so important that I get this right, so could someone please confirm that I have included what I should have done and whether I should not include any of the above. I'd like to get my bundle sent recorded delivery today as I am off on holiday on Friday, so any advice would be gratefully received asap. Many thanks.

Thanks PM That list of decided cases from the link you gave me, is that all the cases that have been won in 2006/2007. Is that all I need for d) or is there other stuff too? Gary H has said he will come back to me this evening and guide me through things - nervous but excited too, just don't want to send or say the wrong things. Thanks for support.

I got my court date through yesterday for the 10th September, small claims. It doesn't say anything about a court fee - will they ask for this nearer the time? I never had to do an AQ. The Judge has asked me to submit by 18th July the following: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reasons given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. The defendant shall by 8 August 2007 file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable; e) Any witness statements; f) Copies of decided cases and other legal materials to be relied upon. Please, please could you help me with c) and d). I don't want to send too much or they won't bother to read it but I also don't want to leave important things out. I also don't have any Terms and Conditions - I tried to download the pdf format from the site but my computer wouldn't let me as it's blocked from work. Is there any chance at all that perhaps you could somehow send them to me. I'm so sorry to ask all this but I'm scared that I'll be the one that does have to show up in court and I want to be sure I've got it right!!! Also, is this a final hearing - I think it is as it's been allocated 90 minutes. Thanks to anyone that can help me - Gary, any chance you could guide me through this? Tina9776

I got my court date through yesterday for the 10th September, small claims. It doesn't say anything about a court fee - will they ask for this nearer the time? I never had to do an AQ. The Judge has asked me to submit by 18th July the following: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reasons given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. The defendant shall by 8 August 2007 file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable; e) Any witness statements; f) Copies of decided cases and other legal materials to be relied upon. Please, please could you help me with c) and d). I don't want to send too much or they won't bother to read it but I also don't want to leave important things out. I also don't have any Terms and Conditions - I tried to download the pdf format from the site but my computer wouldn't let me as it's blocked from work. Is there any chance at all that perhaps you could somehow send them to me. I'm so sorry to ask all this but I'm scared that I'll be the one that does have to show up in court and I want to be sure I've got it right!!! Also, is this a final hearing - I think it is as it's been allocated 90 minutes. Thanks to anyone that can help me - Gary, any chance you could guide me through this? Tina9776

Hi Dave I'll post this on my thread but I got my court date through yesterday for the 10th September, small claims. It doesn't say anything about a court fee - will they ask for this nearer the time? I never had to do an AQ. The Judge has asked me to submit by 18th July the following: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reasons given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. The defendant shall by 8 August 2007 file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable; e) Any witness statements; f) Copies of decided cases and other legal materials to be relied upon. Please, please could you help me with c) and d). I don't want to send too much or they won't bother to read it but I also don't want to leave important things out. I also don't have any Terms and Conditions - I tried to download the pdf format from the site but my computer wouldn't let me as it's blocked from work. Is there any chance at all that perhaps you could somehow send them to me. I'm so sorry to ask all this but I'm scared that I'll be the one that does have to show up in court and I want to be sure I've got it right!!! Thanks so much for all your help so far.

Well done Dave, fantastic. I wonder if you could help me, I have posted these questions on my thread but no-one has answered me. I did not receive an AQ so I sent the suggested letter to my county court (copy to SC&M) where the case has been transferred with a draft order for directions - I sent this on 19th June but have received no reply. Should I chase the court to see if they are going to give me a court date or just sit tight for the time being. Secondly, I am ready to file a claim for business with Lloyds - it is a partnership but on Moneyclaim online is says is it an individual or organisation - it is just myself and my husband so do I say organisation? Would be so grateful for your help, and well done again.

Bump, bump, it's time for me to file on MCOL for my husband's business but I do not know whether I put him down as an individual or an organisation. It's a Partnership - just him and me - so do I put this down as an organisation. It's not a limited company. Please could someone advise. Thanks.

Hi skeggsy No, I didn't write a do you want to settle letter as from reading various threads Lloyds never seem to reply and it simply prolongs things. I may be wrong so suggest you take advice from a Moderator. The only t&cs I have is a scanned copy. They are based on you and your Lloyds TSB Visa debit card. In 9.2 of the t&cs it says"If you do use your Card to create an overdraft we have not agreed or to exceed an agreed overdraft limit, you will have broken the terms of the Account and you must repay the unagreed amount immediately" Now correct me if I'm wrong, but but saying that you have broken the terms of the account, they are saying that you have breached the terms of your contract as opposed to it being a fee for a service, surely?

Guidot - did you get my email address that I sent you? Hope so. Would be very grateful if you could send me PDF of the bundle so that I am prepared. Thanks again for all your help.

Sorry, bump, would like to get my MCOL done - it's a partnership - it definitely does not say anything about this on the business charges thread. Could someone please advise as to whether I should put it as individual or organisation - Partnership but not Limited and only my husband and myself. Thanks.

Could someone please help with a bit of advise. I am about to file a claim for my husband's business at MCOL but as he is self employed do I fill in the bit for him as an individual or organisation. His business account is separate from his personal one and is not a Limited company. Would be very grateful for any advice.

On MCOL it asks whether claimant is an individual or an organisation. My husband is self employed so which one does he claim under.

Today is the day I can file for my husband's business online, however I need to be sure that the wording is correct. Could someone please point me in the direction of the business wording for particulars of claim. Also, should I start a separate thread for each claim? At the moment I have the following: Joint account 9/10/01-9/2/07 £3,157.37 (inc interest and mcol fee) Joint account 23/4/01-23/7/01 £324.77 (inc interest, LBA sent 7/6/07) Personal account £150 (exc interest, inc mcol fee) Business account £2,196.16 (inc interest, LBA sent 6/6/07) How do I get more users to view my thread so I can make sure that it is not only Guidot who is helping me - feeling a bit guilty Guidot that I'm taking up too much of your time.

Thanks. Do I just sit tight now and wait until I hear from the court or should I give them a ring in, say, a week to chase them up. What do you think, I don't want to annoy them - just Lloyds!!!!

Thanks Guidot, I've done this now, you've been really helpful. I've enclosed a copy of the letter to the court and the draft order to SC&M too - wanted to let them see I mean business and I'm not going to drop it just because they've filed a defence. Was this the right thing to do? Excited and scared at the same time. If they accept the draft order, is the next thing I send the court bundle. Reading the thread you sent I think it is but would be very grateful if you could confirm. Many thanks for everything, thank goodness for this site.

Sadly thick as I have been on this website looking at various posts and threads and info since 9.30am so can't really be lazy. Another example of my "thickness" is that having looked at the draft, I don't really understand what you're suggesting I do. Do I send it with a covering letter? Is it then up to me to remember to send claimants stuff within 14 days? If I do send a covering letter, what should I say? I'm afraid I may need more guidance than others but I'm very good at donating - along with the bank charges that may be why I'm so broke!! Looking forward to hearing from you and thanks for all your help so far.

Sorry Guidot, I am doing my best but I get a bit confused. How do I find your post 65? I know, I'm thick!!

Ok, but have just read on someone else's thread (LisaM696969) that she sent a draft order for directions following her Notice of Transfer of Proceedings but before getting a court date. She copied this to SC&M as well as sending to local county court and Lloyds have now settled. Would it be worth sending this and if so, where do I find a template or information for the draft order for directions. Would be very grateful for your help, will paste this onto my own thread too!! Thanks.

Ok, but have just read on someone else's thread (LisaM696969) that she sent a draft order for directions following her Notice of Transfer of Proceedings but before getting a court date. She copied this to SC&M as well as sending to local county court and Lloyds have now settled. Would it be worth sending this and if so, where do I find a template or information for the draft order for directions. Would be very grateful for your help, will paste this onto my own thread too!! Thanks.

Hi LisaM 696969 Fantastic news, well done. I have received a Notice of Transfer of Proceedings along with defence from Lloyds. They have dispensed with the Allocation Questionnaire. This all seems to be similar to you so did you send your draft directions before getting a court date? If so, would you send me a copy of your draft directions (I'm not sure what they are) and I'll do the same. Thanks and well done again.

Hi BD - have been reading through your whole thread. Thought you may be able to help me with regard to Notice of Transfer of Proceedings which I have received. It says that the claim has been transferred to my local County Court of Winchester. It also says that "the filing of an allocation questionnaire be dispensed with in this case unless the Districtrs otherwise Judge at the court of transfer order"; and "Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order". What does this mean? The defence was then a 9 pointer which I gather is standard. I've posted it on my thread. I realise how busy you must be at the stage you're at, but as our claims seem to be going along a similar route, I just wanted to ask whether I should be doing anything now. A mediation leaflet arrived with the Notice of Transfer of Proceedings. I would be so grateful if you could help me and I'm sorry you've been having such a time of it recently.

Sorry I meant to say 9-pointer, not 7-pointer - also, it should say Bank not Band!!!

I have now received a Notice of Transfer of Proceedings to my local county court. With it came a copy of Lloyds' defence - they did not send me one seperately. the bit about the allocation questionnaire has been crossed out and says "It is ordered that: 1. The filing of an allocation questionnaire be dispensed with in this case unless the Districtrs otherwise Judge at the court of transfer order." Could someone please advise as to what exactly this means. Lloyds defence is a 7-pointer and is as follows: Defence 1. The Defendant Lloyds TSB Bank plc "the Band" is a Band whose registered office is 25 Gresham Street, London, EC2V 7HN. It is admitted that the Claimant has been a customer of the Bank 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; chequest bank statements the facility to make payments by direct debit and standing order debit cards ATMs "cash machines". 3. By maintaing 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 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 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 charges being imposed; statement 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 statement. Customers are warned by letter when they go overdrawn or over their agreed limit without arrangement 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 charges are terms which relate to the price payable by the customer for a service provided by the Bank, and pursuant to Regulation 6 of the Unfair Terms in Consumer Contracts Regulations 1999, are not subject to the assessment of fairness. 8. In the premised: 8.1 the charges are for banking services, and are not damages nor 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 statute or regulation. 9. The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sume claimed or to any sum from the Bank. Please could someone confirm that this is standard, whether I should be answering it yet or whether I should just be waiting. On the Notice of Transfer of Proceedings it says Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order" What does this mean, should I do anything? I find this very scary as the bank's defence comes across as rock solid. Please, please could someone come back to me and help - up to the Moneyclaim online bit it was easy but now I feel stupid as to what to do next. Thanks everyone.

A friend of mine delivered hers by hand to the court and they lost it and had no record of ever receiving it so make sure they give you a receipt of some sort when you hand it in. Good luck.