Called Stratford county court today to be told that my case has been transferred to the central London county court! Any body know why? How? And when im getting quite concerned with this news! Whufc77

anybody have any idea as to when i should recieve a reply from my AQ handed in oct 20th.. phoned the court a couple of time and they are saying that its still with the judge .. thank you whufc77:confused:

TAKE THAT FINANCIAL OMBUDSMAN! I am suing my bank due to the excessive/unlawful charges applied to my account since opening! My bank ltsb advised me to see the claim through the BANKING OMBUDSMAN! The case has now got to the stage where both of us have entered into dialog with the local county court. Lloydstsb’s solicitors HAVE BACKED DOWN AND WANT TO DISCUSS A SETTLEMENT! My question to you Mr. banking ombudsman is why have you been letting the banks rip us (general public) off by implying these unlawful penalties to our accounts! Aren’t you the guys that should be looking after us? I decided to use the county court small claims track because of the reason behind the question I have just put too you (absolutely no confidence in the banking ombudsman)! The Consumer Action Group has been instrumental in recouping my unlawfully taken penalties. The Consumer Action Group is receiving over 4000 complaints a week compared to your miserly 150ish. I think its about time that you stood up and defended the people, maybe then you will gain some creditability and respect for the governing body that you say you are! So just to wrap things up, which of the two organizations do you think that the general public has more confidence in? Look forward to your reply

hi molton brownqueen I dont know if you remember me but you left a message in my thread saying that we were both practically at the same stage! anyway we are my AQ was submitted on the 14th oct and have rang the court twice too see if the judge has set a date yet..but as of yet no date (xmas round the corner) sweat sweat:mad:. Anyway what court are you dealing with and have they advised you with any date as of yet? im dealing with one in stratford east london, they must be really busy with summonses! anyway best of luck will keep you informed of any developements.. Whufc77

yep i got this reply as well. Like the others i think you should now start to issue proceedings if you are going to use www.moneyclaim.gov.uk please please check out this thread 1st http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html.. good luck whufc77

Does anybody know if i can add further charges at this stage, to my claim, charges are between 2002-2000, and current charges from april to today. or will i need to start another claim for settlement of this? thank you whufc77

thanks you guys for the help! so i take it is ok for me to fill out and returm the aq form and attatch a schedule of charges with it, then post it back to the court and a copy to the scm sols!! once again thanks alot 5% defenently on its way when i win! Whufc77

hi brian The first place to start is here this web site! the second place to vist will be here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/. Start by familiarising yourself with the steps that you need to take in recouping your money! dont forget ITS YOUR MONEY NOT THEIRS! Take plenty of time to read through threads that are relevant to your bank, also check out the CAG LIVE CHAT which can be found on the main page of the forums! good luck whufc77

Thanks for your reasurring words adamski Are you saying that you used the same words as me 'YOU' not 'i' ! Also are you sure that i should not bother amending the errors on the text, ie using the word 'you' twice instead of 'I'? Also should i of declared a full breakdown of charges on moneyclaim or are scm being anal about it? look forward to your reply Thank You whufc77

Recieved my aq papers along with the submitted defence, which reads to the word like this: This defence is the actual wording on the Notice of transfer of proceedings The defendant Lloyds TSB bank plc (the Bank) is a bank 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. This defence is served without prejudice to the defendant?s contention that the statement of the claim is insufficiently particularised and is embarrassing. The defendant reserves the right to plead further to the statement of claim once they are sufficiently particularised. The defendant will object that the particulars of claim in this action disclose no reasonable cause of action against the defendant and makes no allegations against the defendant as to why the defendant should be liable to the claimant for the amount claimed. The particulars of the claim do not comply with the civil procedure rules as (amongst other things) they do not show how the sum of £xxxx.xx is arrived at and the particulars of the claim are too vague. The statement of claim shows no reasonable grounds for bringing the claim. The claimant should, therefore, be ordered to file and serve an amended claim to set out the basis in law and fact for his claim as there is no pleaded basis for the claim itself. The claimant should give full particulars of the charge he is seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case he alleges it is a disproportionate penalty and thus unlawful. The defendant should then be given the opportunity to defend the proceedings further. For the avoidance of doubt, 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 FACILLITY TO MAKE PAYMENTSBY DIRECT DEBIT AND STANDING ORDER, DEBIT CARDS, ATMS (CASH MACHINES). By maintaining 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 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 can 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?. 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 The customer is given advance warning of charges being imposed: statements show the charges, if any, the customer has incurred during the course of a month, and which 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. The charges are fair and reasonable, and it is denied that they are unlawful. 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, pursuant to regulation 6 of the Unfair Terms in customer Contracts regulations 1999, are not the subject to the assessment of fairness. In the premises: 13.1 The charges are for banking services , and are not damages nor a penalty; 13.2 The bank is entitled by contract to impose the charges, which are fair and reasonable; 13.3 It is denied that the charges are unlawful or contravene any statute or regulation. 14. The claimant?s 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. I think i may have Messed up with my original MCOL claim i really do need a bit of help or assurance on this one! Thank you whufc77

Think i may of messed up slightly just wondering if somebody could shed some light please: i have just read jonni2bad notes on 5. Money Claim On-Line (MCOL) Particulars of Claim etc. I submitted a moneyclaim 0n the 31/8/06, so i didnt get to read the notes! the following context is what i put down as my particulars of claim: You have a contract with the defendant bank dated 9/6/1992 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 4 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. You have repeatedly asked the bank to justify their charges but they have declined to do so. Please note that i did use these actual words hence starting with You have a contract, and further on you have repeatedly etc Only after reading it through for the tenth time i realised my mistake! I also note that a few of jonni2bad's requirements are definently not on there, ie disclosure of schedule of charges etc... I am due to have a defence issued by midnight tonight, obviously they have acknowleged the claim so im just getting a little nervous and am a little bit unsure of what to do know, i thank you all for your time and help on this matter.. Whufc77:confused:

ok recieved the mandatory reply from my (LBA sent 20/7/06) on the 31st july! It says that the bank is standing by its decission to reject my appeal for return of charges! 39/8/06 Payday (moneyclaim here i come) 30/8/06 Filed the case with moneyclaim, lets see what happens!

thank you very much you guys will be in touch when i recieve my reply! once again thankyou! !!!!power to the people!!!!

Hi all i have gone down the usual road of data request, and rquest for repayment of charges for £642.61! However Barclaycard's response was that 'AS A GESTURE OF GOOD WILL AND WITHOUT ANY ADMISSION OF LIABILLITY, BARCLAYCARD IS PREPARED TO CREDIT MY ACCOUNT WITH THE DIFFERENCE BETWEEN THE CHARGES I HAVE INCURRED AND THE £12 FEE RECOMMENDED BY THE (OFT) OFFICE OF FAIR TRADING. IN ACCORDANCE WITH THE CHARGES INCURRED ON MY ACCOUNT , THIS WOULD AMMOUNT TO £300! Susequently leaving me out of pocket! MY QUESTION IS I KNOW I HAVE TO ACCEPT THIS AS A 'PARTAIL PAYMENT' BUT I AM NOT SURE HOW TO WRITE BACK TO THEM AND DEMAND THE REST? do i have to send a LBA or is there another letter template i can use..... Thanks all for helping, P.S I WILL DONATE 5% TO THIS SITE ONCE MY FULL CHARGES HAVE BEEN RECOVERED WHUFC77

hi moltonbrownqueen Sorry things have been up in the air a little bit (slow to post reply). I have had my 2nd letter arrived on the 18th july, saying (charges will stand if your not happy please referre to the banking ombudsman)......yeah right 'o'. I then sent back the letter before action (lba) on the 20th july. Still yet to receive any confirmation , but letter has been signed for because i sent it registered mail! i will let you know once i recieve a reply good luck whufc77

hi all Im about to give Barclaycard a good slap. Could anybody tell me how to work out the interest incurred on exceeded limit and late payment charges.. Thank you WHUFC77

hi moltonbrownqueen sounds like a good idea, lets keep each other company. Maybe we can share information that might be usefull to one and other! good luck will keep you informed WHUFC77

Hi All Bit Slow At Posting, Allready At Stage 3 Of The Recovery Procedure. Initially Sent Request For All Bank Charges To Be Returned 6/7/06. Recieved A Reply On The 11/6/06 Stating That They Have Recieved My Letter And It Has Been Passed Onto A Assistant Manager Someware To Investigate. 19/7/06 Recieved My Knock Back Letter, Saying That All Costs Are Relevent To Admin Etc Etc. 20/7/06 Sent Lba (now Its Getting Serious) Will Keep You All Informed On The Progress On This Matter... Ps This Site Is A Fantastic Source Of Info, Been Waiting Years To Get My Revenge! 5% On Its Way When, I Repeat When, Im Successfull! Cheers All And Good Luck Whufc77