Hi all, Nice to see things are warming up nicely Guido... towards a judgement probably Thanks for your help and support within my 'innocent vs lloyds current contractual' thread so far...... ....Obviously (look at the time ) BEGUN or RE-BEGUN my knowledge of aq's etc..... Half way thru' the 'New Strategy for Allocation Questionnaires' thread (a good achievement I think so far); and I understand the points; and a huge well done to Gary here again eh!!! Also re-read your thread; becoming ever more relevant to mine and now particularly helpful; "thankyou" ; and have to say particularly "loving" your second aq! My question is this? And I will read much more tomorrow and the next day etc (so forgive if its there somewhere and I have so far missed it)... Has anyone included the very interesting points you make in "aq2" within "aq1" (the new strategy) aswell?? Would it be worth considering?? Cheers and time for bed Innocent

Be careful! You fundamentally have a few choices: (i) the suggested route; the proven route; the route perhaps you should use if you are not quite sure on all your facts..... is to claim: charges + interest charged on these charges + 8% statatory interest (your prelim and LBA should make no mention of the 8% statatory interest as this is technically awarded by the court; you only add this at the N1 or MCOL stage) OR!!!!! (ii) BEWARE!!! CONTRACTUAL INTEREST! Investigate this fully: do you claim authorised rates, unauthorised rates, merchandise or cash advance APR%'s????? So much to contimplate and investigate and prepare for (but potentially with much higher interest rates and therefore rewards) in this case, you must claim everything relevant, inc CI, from the start and include all info from your prelim, ie: charges + interest charged on these charges + CI You never claim statatory interest aswell in this case! (You would not use MCOL in this situation as the POC will be too long and therefore will need to be on a N1) I hope Bong replies too; but you really need to be certain if your going to claim (ii) Hope I have helped in some small way Innocent

Last minute defence then In fairness they have had so much to prepare; like press a photocopy button since every defence is so similar Lol (keep us updated; can u post defence?) Cheers Innocent

Hey, little sis ("hehehe") My defence was from lloyds today (and exactly EXACTLY as posted elsewhere)..... perhaps they've run ot of variations? or printer ink? lol You'll see a standard barclays defence in my barclaycard thread and I am overdue to start my monument (barclays) case forward.... got to do it soon, last time I was winning a case every month for 3 months; it felt brilliant....... Things have certainly moved on in the last couple of months: not in terms of bank defences ; but in terms of what we all should be putting in the aq....... (Ill be up for hours, for nights on end, 'cutting' and 'pasting' points here onto a word document...... but its all worth it in the end) Innocent with eyes like and tomorrow

You are SOOOOOOO RIGHT Guido (After some very exhaustive typing mainly CTRL'C' then CTRL 'V' ; cheers again Here is the defence received: It was signed by STUART SHEPPARD Well no surprises and have a few weeks to investigate and feel in the 'aq' innocent

And sure enough......... .......is the sky blue? do I drink beer? will I win all my money back... oh yesssssss! DEFENCE ARRIVED TODAY (9 points....seems to be service defence) I will post in its entirity at a slightly later date AQ DEADLINE 3rd MAY 2007 Innocent

Torigirl... Any news of ur defence? (I received mine today albeit with a different bank) I have always PMed a mod at the beginning of litigatation with the case number, court, amount claimed etc; apart from this there is no need. I think they keep an eye on us all anyway Hope ur enjoying all of that "aq" reading Innocent

Fantastic!!! Loving it!!!! Innocent

BIG CONGRATULATIONS!!!!! I've seent the story on BBC NEWS 24.... Next stop? Hollywood???? (Do you need a manager) hehehehe Innocent

Nope!

"tick tick tick......" My lloyds current case they have till wednesday (we'll both probably end up with a defence which..... ......from what I've been researching is slightly arguably better then applying for judgement.....) Basically, if we get a defence (99% certain) then we are on the right very long track to success If, ultimately, we apply for judgement now, ultimately barclays or lloyds, can apply for this to be 'set aside' delaying the process sometimes for months.... Keep us informed 'oh inspirational one' Innocent

BIG CONGRATULATIONS!!!!! Is'nt it amazing how helpful the judges are........ REALLY REALLY pleased for you! The humiliation of SC&M (if only they were there:rolleyes: ) Keep us informed when SC&M actually "pay-up"!!!! Cheers Innocent

Ok, (I'm no expert here; but I have won 3 cases with 1 court appearance) The lack of a court bundle is not good; but personally I would turn up at court tomorrow (to show your respect) and explain the situation, and explain to the judge that the claim is in the process of being settled.... (see Innocent vs Barclaycard) *Take any settlement letters; be polite; in my experience the judge was very impressed with the work I had done to date, and this site etc *Explain the situation regarding the 8% and judge will confirm SC&M are wrong.... if SC&M attend they will be rather embarrassed I know its time out of your day; be I would strongly recommend it; if only to show respect to the court etc.... If you want at 9am tomorrow phone the court; they will confirm what I am saying (I think) Dont panic; you've won! And I would love to be in a situation in a court room where a bank will be embarrassed.... Give us an update Innocent

Hi Brunnette and CONGRATS on your win!!!! Once a claim has began you cannot alter the figure you are claiming (unless you fill out the relevant court paperwork and pay the additional fee) You will have to start a second claim against Natwest..... (its quite common lol) Good luck (again) Innocent

Have you seen this? Bankfodders statement within the Lloyds forum Innocent

I love it ur evilness lol "More....more....more" Innocent

Just subscribing to a very informative thread.... Innocent

Hi there and congrats on the status of your claim so far 8% is statutory interest based on the entirity of the claim figure... ...more precisely 8% daily on each charge, from the specific date of this particular charge....(for all your charges) Sounds to me if thiey are definitely trying it on.... They will pay the remainder if you persists (the court would enforce it anyway) Hope this helps in some little way Innocent

I am looking at dealing with VM as some point for the £5 non dd fee they impose.... and a nice thread bookworm I had a conversation with a girl at VM about a month ago and she said she could cancel this fee (for 3 months) "in order to give me time to set up a direct debit"... She openly admitted after 3 months all I need to do is phone up and ask for another 3 months.... Having said all this; she then forget to remove it from my account :smile: Oh well Innocent

Just to update this thread (now I have a working keyboard) The Defendant filed an Acknowledgement of Service on 29 March 07 which the intention to defend the claim.... The Claim was deemed served on the 21 March 07 so I believe the 28 days to file a defence is up on 18 April 07 (I expect them to defend (badly) but will check on the date, knowing they occasionally miss the date) Innocent

Woooooooo hooooooo (I've got a working keyboard ) Good to see things are developing nicely.... I dealt with Anthony Lombardi (not that long ago), as per my barclays thread.... The "method of madness" with Barclays is too make you go through everything in the hope you drop the case; which you wont of course... As soon as you receive a court date, of any sort, make a phone call.... be polite, and just ask "I'm sure you don't reallly want to attend court.... do you want to settle now??" It didn't work for me the first time (it does for the majority though) but the second time I tried I got a phone call back the following day.... only a weekend before an allocation hearing.... he was virtually begging me to settle..... When you make the phone calls always have an up to date settlement figure; pen, paper, and all your correspondance... Anyway for now.... .... get ready for the AQ... and play the waiting game.... Innocent

Genius letter again Have you considered selling a "bed time reading" book of excellent letters to banks and their silly responses :D lol Innocent

Thanks you two..... (been really busy this week) Hope to catch up with all your thoughts and suggestions soon

Sorry runnycustard..... it is common place for monument to offer half (or think they are).... ...accept it as a partial refund and give them 14 further days... ...they wont add it to your account automatically; they will refuse your offer of only a partial settlement (in common with me) ...but hey... if you go to court; "you have done all you can to resolve the matter before court proceedings"; and look good in front of the judge! Your 3rd letter should read something like my reply in this thread.... basically "thanks; partial settlement only; give u 14 days to pay this and remaining amount; then court proceedings".... again their are example letters in the template and FAQs library runnycustard........ ask loads of questions now before you commence legal proceedings Sorry if I appear rushed... must sleep Cheers Innocent

Well what can I say "ladies and gents" Many MANY thanks for your words of wisdom and encouragement.... glennUK thanks for checking over my threads and u can understand why I messaged you to view the 2 alternative POC's .Nice to know you beat barclaycard at contractual and monument = barclays!!!! red death.... hijacking? who? Write all day in my thread; we are all in the same boat, and I like ur POC ideas .... I think to claim costs (eventually) you need to be out of the small claims arena.... over 5k which ur claims are.... js1 glad you found my thread and in turn I will browse and no doubt learn from yours.... (Been a bit busy and due up in 5 hours .... will start my claims by the end of the week, as now due) runnycustard..... lovely name! poc = particulars of claim; its the major part of the court paperwork you fill in at the beginning of the legal proceedings. I would suggest you read the FAQs about the process and read as many threads as possible... and I (well "we" all will) help where and when we can Thanks all Innocent