hi everyone just a quickie, which 'mini' bundle have you used cos there seems to be a few thanks for ur help and will see you all tomoz lozza2306

have today recieved a letter from SC&M stating that they intend to ask the court for cases dealing with bank charges to be postponed ('stayed') until proceedings with the OFT have been resolved. What does that mean now as regards the court date a week on weds - am i still to attend or is there something else i should be doing. please help

hi there I'm also in court on 29th but not sure of what documents to bring with me - getting worried as don't know what I'l have to do or what to expect. I'm glad there are others there on the same day who are posting on here so will be able to put a face to a name. Thanks to everyone for the help so far, wouldn't have been a ble to get this far without you all.

posted cmi's to court and banks solicitors which were recieved on 6/8. Due for case management conference in mercantile court on 29 august. what documentation will i need? should i also have an up to date list of charges, should i print it closer to the date so the interest is accurate. should i also include a total of bank charges with interest plus expenses so they have a total figure? getting nervous now its getting closer to the date any help would be much appreciated

Hi Calculator and Jenny The courts defence details were as follows 1 the defendant lloyds tsb is a bank whose registered office is 25 gresham street, london, ecv2 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 of 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 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) 3 by maintaining the account in credit, or within any limits 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 banks 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 trms 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 tel 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, consuquently 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; statements show the charges, if any, the customent 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 charge 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 nfair terms in consumer contracts regulations 1999, are not subject to the assessment of fairness. 8 in the premises: 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 claimants claim is denied in its entirety. it is further denied that the claimant is entitled to the sum claimed or to any sum from the bank. hope this can help with what answers to put on the cmis as i am struggling as to what is right.

If I received a defence from the bank would i use the example at post 1 or would I use the latest example. my case was transferred from the county court to the mercantile court. still very confused even after reading everything. when's the best time to return a cmis - asap or nearer the hearing. my hearing date is 29 august

I rang the court as they didn't include a schedule - even though it said so on the letter - so I don't know how many cases are bieng heard. They said they would be amending future letters to so that they don't have to send a schedule out. Also, when would you say is the best time to forward a completed cmis form - nearer the time or asap - and should I include the questions as well as the answers or just the answers.

Received 'Notice Of Case Note Management' hearing on 29 August 2007 at 10.30. Only been asked to submit at least 7 days before the directions hearing a completed case management information sheet in accordance with cpr 59. I'm claiming from Lloyds so hope for a good outcome - very nervous.

if more charges have since been added, is there anywhere that i can relay that i also want to claim these without paying anymore fees or going through all this again. for me to get remission on the fees i have to provide a tax credit award that is dated within a month of the application and they are very reluctant to do this unless something has changed on my claim. they say that the court can ring them for any information but i dont think the courts will do this.

I have the cmis but dont know exactly what wording/info to put on it. What do i put for each of the points (1-36) i've no idea how to answer some of the questions help.

Also, I sent a letter to my bank - which they received on 26/6 - asking for a true copy of the original terms and conditions applicable to the account at its inception together with a copy of the original contract. Haven't recieved a reply yet. Should I do anything else

Have today received a letter form the courts stating that my case has been transferred to the mercantile division and renumbered. There is a case management conference taking place on 29 August at 10.30 and says I should attend. It also says about completing a case management information sheet in accordance with cpr 59 to be filed no later than 7 days before the hearing. What am I supposed to be doing in view of this? A court bundle? What goes into this information sheet? Please help

so i don't have to fill in an AQ then?

so do i just wait for a court date from the mercantile court, without replying to them? i don't know what i'm supposed to do now or what i should be doing all help welcome

sorry but im pretty thick so still don't understand what i'm supposed to do. am i supposed to reply in 7 days and what with and how. i've no idea what to do next

Have today (30/6) received from the courts the following order: on 5/6/07 his honour judge xxxx sitting a the court house xxxx considered the papers in the case and ordered that: 1. the claim is transferred to the mercantile court xxxxx 2. the claim is reserved for all purposes to his honour judge xxxx 3. because this order has been made by the court without considereing representations from the parties, the parties have the right to have the order set aside, varied or stayed. a party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order. what does this mean? and what should I be doing now. Please help.

Have today 16/6 received from the court Lloyds 9 point defence. What happens now and what can I be doing to prepare for court. Thanks

Received today -7/6, notice that acknowledgement of service has been filed. the bank filed acknowledgement on 5/6 but the court gave them until 4/6 - why did they get an extra day? What happens now and should i be preparing anything. All help welcome.

Filed my claim in court and it was issued on 17/5. the court sent it to the defendant by 1st class post on 18/5 and it was deemed served on 20/5. the defendant had until 4/6 to reply. Not heard anything - no post from either the court or bank as of 5/6. what do i do now? what do i do with the request for judgement bit? was i supposed to fill that in? HELP!!!

some threads say to only include n1 form and list of charges with interest while others say to include everything - which is right?

have been reading various threads about what to put in court claim. do you have to include the letter you sent to the bank request payment? do you have to include the standard reply frm the bank? do you have to include the reams of paper involved in printing out the various acts? . need some advice please

thanks to veryone for all the info and encouragement. will keep you informed of how things are going.

next step - going to file claim in court tomorrow 19/4. 3 x n1 forms, 3 x spreadsheets with interest, 1 x ex160 form with proof of income as i am a single parent in receipt of wftc and ctc. Am I doing it right so far? All advice welcome

thanx for that -needed the boost. Will let you know how things are going

no - for personal reasons. But they make sure they take the money from my account as usual, knowing that it is overdrawn or gonna go over the overdraft.