I've been reading all your threads with interest and wondered if someone can help me please. I'm trying to claim back my neice's charges on her bank account back from HSBC. I've got her account number details but dont know which address to write to requesting the statements (enc £10). As anyone got the correct address. Thanks Bunnykins

Hi Re Claiming back charges from my Lloyds Credit Card My Court Hearing date is 27 February and I sent off my court bundle on Monday (special delivery) to Lloyds solicitors and sent a copy to the court. I had to submit my court bundle 14 days before the hearing date so I presume that the bank's solicitors should have sent their papers to me. To date I have not received any documents from the bank's solicitors. What usually happens next? How long should I wait to write a letter to the court to inform them that I have not received papers from Lloyds solicitors? Has anyone sent a similar letter that they could let me have. Also should I contact/write to the bank's solicitors? How long should I wait before taking any action because time is running out!!! Can anyone out there give my guidance or is anyone at a similar point in proceedings. A very Confused & worried Bunnykins

Thanks for your help Dave the bundle is really helpful. I'm going to get printing this weekend so hopefully I can start delivery on Monday. Kerry what stage are you at? I'll let you know how I get on and let you have the documents if this is ok with Dave. Keep smiling Bunnykins

Hi The hearing of my claim will take place on 27 February and I need to get my documents that I intend to rely on at the hearing together no later than 14 days before the hearing. I've looked in the Library and on the site but I'm still not sure exactly what I have to put together and how it all should be worded. The claim against the bank is for a credit card and I have followed all the proceedings so far to the letter. I dont want to get things wrong now and have them win just because I didnt submit all the correct documents. Please can someone send me details of their complete court documents bundle so that I can print them off. Should I also send a covering letter with the bundle? I noted that in the library it suggested that I should include the cd of Peter McNamara's interview but this seems to be not available at the moment. Does anyone have a copy and is this important evidence? I have managed to get so far and now I am feeling a little out of my depth - so any help and support would be greatly appreciated. Thanks Worried Bunnykins

Hi Thanks for your advice. I've looked at the link for filling in the questionnaire Form N149. I am only claiming back approximately £500 so I will not have to pay the £100 thank goodness. The only bit I am not sure about now is Section G on the form. What exact wording should I put in the box from the information given on this site. Sorry but I'm not very good with words or forms so its a miracle that I've even got this far. Have I got to include the wording also about the case not lasting more than one hour and also should I attach another copy of my charges sheet that I sent to the court with my Moneyonline application? Do I have to send a copy of the Allocation questionnaire to Lloyds Solicitors [problem] - there was no mention on this on the AQ site. Please can someone advise me on what wording they used for Section G and which documents they attached etc. Many thanks Still Confused Bunnykins PS Please can anyone advise me on how to donate to this site because I owe them money and thought I ought to start paying some even it is in stage payments. Quote: Section G - Other Information In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party. Give details of any other information that you consider will help the judge to manage the claim, referring as necessary to any documents you might have attached. Bear in mind however that at this stage you need not attach all other documents which you wish the court to consider at the hearing. This is something you will later be asked to provide. You should state here that you believe the case will last no longer than 1 hour. You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs! You could include similar text to this.... I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument. However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith. Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

Today received Notice of Transer of Proceedings from Northampton County Court to my local Court. Also advised that Lloyds have filed the following defence: 3. Defence 1. 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. 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; ? 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 limit agreed with the Bank, the customer may avoide 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 make from the Bank's own funds. If the Bankmakes 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 payge 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 havent 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 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 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 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 Unfair 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 enititled 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 sum claimed or to any sum from the Bank. (Is this a standard defence that everyone else at my stage has received?? Please let me know?) Section 5 Signed states The defendant believes that the facts stated in this form are true. I am duly authorised by the defendant to sing this statement. Sean Copping of the Defendant Bank. Address given as: Sechiari Clark and Mitchell Department SO, PO Box 499, 1-5 Queens Road Quadrant, Brighton, East Sussex. BN1 3XJ The have enclosed an Allocation Questionnaire with I have to return to my local court by the 24 December and I obviously want to get it back to them accurately filled in and on time. It will cost me another £100 at and this time of thats a lot of money - needless to say the kids wont be getting a great deal this year but may have some treats soon if all goes well. Please can I have guidance of how I should fill in the form below: A Settlement Do you wish any further action in this claim to be postposed for one month so that you and the other party can attempt to settle the claim either by informal discussion or by alterntive dispute resulution? Tick Yes or No box B Location of hearing (I can fill this one in) The claim will be heard in the court to which this form must be returned. Is there any reason why it should be transferred to another court to be heard? YES or No (Answer NO) C Track Do you agree that the small claims track is the most suitable track for this claim Yes or No (Answer YES) D Witnesses So far as you know at this stage, how many witnesses (other than yourself) do you intend to call to give evidence at the hearing? There is a box for a number (Could I take my partner with me - do you think that I could him down as one - I really need someone to hold my hand)? E Experts Do you want permission to use an expert's report at the hearing? (see notes) YES or NO If Yes, what will the expert's evidence deal with? (Box for information provided) Are there any reports that I should include? Have you already obtained an expert's report? YES or NO If Yes, have you given a copy of that report to the other party? YES/NO In addition to using an expert's report do you want your expert to attend the hearing and give evidence? YES or NO? If Yes, give the reasons why you think their attendance is necessary: (Box space for answer) I have an Accountant friend would it be a good idea for him to attend to explain the bank charges etc???) The court may order the appointment of a single expert who can be instructed by both parties. If you think this would not be appropriate, please say why. (Blank Box again for answer - how should I reply?) F Hearing (Can answer this one) Are there any days within the next four months when you, an expert or a witness will not be alble to attend court for the hearing? YES/NO G Other information In the space below, set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party. (Big blank box!!!!) What should I put here help!!! What information should I be submitting and also what documents do I have to attach at this stage when I return the qunesionnaire? H Fee Have you attached the fee for filing this allocation questionnaire? YES?NO - Can answer this one I Signature (Done that one) I need to get this one right because a lot of my life is depending on my success so I would be glad of any guidance on filling it in. Also do I have to send any copies to the Defendants Solicitors? Sorry its so long but I just need help. The EDIT are really trying to wear us down now with their nasty tricks - last week they added their interest charges without any prior notice and consequently then bounced all my direct debits which cost us another £100 + in charges! They were so non-plussed and very unhelpful when I contacted them and complained - they obviously are making life as difficult as possible at the moment. Worried Sick Bunnykins

Hi Just thought I'd join in with my own thread and let everyone know how I'm getting on with my fight to get my money back. I've two credit card accounts which I am claiming charges etc back on. Tesco - £200.19 Same timetable as below. Not surprisingly same letters received from the same people. Tesco offered goodwill payment of £64.00. Now been put on the two week delay as per information below. They still owe me £136.19 and I am going to get it! Mint £124.23 Mint - sent first LBA letter on 25 October. Letter received 6 November advising me that they were reviewing the issue and would contact me again in two weeks time. Letter received 10 November offering me £54.23 (refunding me the £8 difference between the £12, which they think is legally acceptable to charge me, and the £20 that I was charged) they also refunded me the interest charged. Sent second LBA letter dated 21 November to Hilary Thompson (Senior Customer Advisor) saying thank you for my partial goodwill payment but I want the other £70.60 that you owe me. Just received the standard delaying letter dated 24 November from Rebecca Head (Senior Customer Advisor) saying that they will get back to me in two weeks time. I'm a bit tired of this and would like to get this sorted out before Christmas so I am going to give them a ring - as anyone dealt with this department or this particular person and had any luck sorting out a full settlement. Rebecca Head Senior Customer Advisor Customer Contact Centre Customer Service PO Box 6050 Southend on Sea SS99 1WL Any ideas on how to tackle the time delaying little bastards???? Hopping Mad Bunnykins321

Thanks Redsue - I'll give them a go on Monday and let you know how I go on. Keep going with your claim you'll get there - I'm on my second goodwill payout and now going for the final goodwill payout - fingers crossed! Bunnykins

Thanks for that - I'll give it a try on Monday. Not surprisingly I've received no telephone calls from them so far - they are obviously not too bothered about the threat of receiving yet more court papers! They have already paid me back £430 on one account and £326 on another but they still have £80.85 and £146.65 and I'll be damned if they are keeping it because its mine. Well back to the combat tactics on Monday - hope to have some good news to report back. Thanks again Hopeful Bunnykins

Please can someone help. I am trying to have a conversation with either Rachel Claridge (Customer Advocate Office Department Manager) or Steve Bailey (Director of Customer Advocate Office). I have been in correspondence with both of these people but have reached a block and would like to talk to either of them to further my claim - having received two goodwill payments on both my accounts there is only about £300 now outstanding in charges and would like to have a chance of sorting this out before issuing more court papers. I have tried the Customer Satisfaction Department but they say that they dont know who they are!!!! They have no telephone contact numbers for them and have no details about them. The letters I have received have no contact numbers or fax numbers on them. After leaving me hanging on for ages Scott evenually told me that the Advocate Office on deal with people by letter and that he would send them an email asking them to contact us. I said that I would be issuing court papers on Monday so hope to receive a call. If anyone can help I'd be grateful - I know that some of you guys have spoken to them on the phone. Thanks for your help. Super Mad Raging Bunnykins

Fantastic news Gary - congratulations. You're an inspiration to us all Bunnykins

Thanks for your advice. I've written them another letter thanking them for their goodwill payment but stating the I want what's owed to me and giving them another 14 days before court action. Hope this does the trick. Bunnykins321

I've just realised that I have sent my LBA letters off to all my credit card companies enclosing the statement of charges but calculating the interest at 8% only (which I should only have used for my bank accounts) so they are all incorrect. I also didn't add on the £6.75 letter and £1.00 postage charges. I am now at the stage for going to court on line and I dont know what to do. Should I write to the companies concerned with new revised interest charges? Dumb I know - but please can someone advise.

Hi Thanks for your advice. I think I may have another slight problem - in my LBA letter enclosing statement I calculated the interest owed to me at only 8% and didnt charge them for admin charges. I'm at going to court stage with LLoyds, Mint, Tesco so I have made this mistake on all of them. Do I have to write to them all again or forget about the extra interest and admin charges when filling in the court papers. You advice would be appreciated. Thanks

Hi Have read your threads and its all very interesting - I have obviously calculated the interest I am claiming incorrectly and will amend my figures. Thanks guys for that information. I've just received my second goodwill offer from MBNA have sent my LBA letter off to them but they have not returned all the charges or any interest and are arguing that £12 charges since June 2006 are quite legal and that I cannot have any of that back. They also stated in their letter that our letter was received in August 2006 and that they will only refund money up to that date and not for charges made since that we have added on in our LBA letter. The letter was from Rachel Claridge. Should I give them a ring? Whom should I speak to - Rachel? Any help would be appreciated. Bunnykins321