Here it is; the best I could come up with for businesses. I will try something similar soon for consumers. Please bear in mind that this process is only useful to those domiciled and/or claiming in England, Wales and possibly Northern Ireland. Hope this helps! If so please click the scales...

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I received my defence papers this week which included the CPR Part 18 bit which I know from reading here is not right for small claims so today I contacted The Law Society regarding this. I had a very nice conversation with them and they have provided me with a course of action to follow. 1) Contact Cobbetts and ask why they have included this in their defence and get their reasons in writing. 2) This is the problem bit - when it gets to court (and we all know about that) but if it gets to court raise this with the judge. The judge will then make comment on the fact that Cobbetts have been using a defence which they know is wro

As someone about to face the higher court, I did not choose the transfer but do not regret going to court, of all of the banks and financial institutions which I have dealt with over the past few months CIti have been by far the most aggressive, rude and arrogant of the lot. I am well aware of the risks to any court process however that is my choice based on self gathered information not just from this site. It benefits nobody to fuel people's fear, however I am not scared and will if I have to fight my case eloquently and in a structured manner in whatever court I need to in order to get what is actually rightfully mine taken from me at a ti

WAHEY - I just multiplied my friends list by at least 10 fold - (I know-need to get out more ) THANK YOU guys (and gals) for ALL the support and encouragement - I'm quite honestly overwhelmed - I have done it, got my claim No now and my very own 'slot' at "Northampton County Court" and I'm now £120 worse off - BUT hopefully will be a WHOPPING £3,600 better off just in time for crimbo - watch this space Love's you ALL Steve x

This seems to be something Smile are more than willing to do, My overdraft with them hit 800 at one point and they suggested the same thing to me, sliding it down by 25 a month until it was back to its original 500 thus avoiding charges. As luck had it I started a DMP with CCCS at the same time so everything worked well together, and I have managed to not use the overdraft facility since (a couple of successful claims has helped) I've said this before and I'll say it again Smile are one of the most helpful banks I have ever dealt with. Now I must run off and see if that credit has cleared into my account yet so I can make a another

Yes, it does make perfect sense, especially as you're probably chewing the furniture with rage! While it may be technically feasible to prove that other interest on your account was charged because the charges had made you overdrawn, I'm not sure it would be worth it. Check the amount of interest directly attributable to your charges and see what that adds up to. To get to the interest that was levied on the whole overdraft, calculate it day-by-day and apportion it correctly would be very, very timeconsuming. After you've done all of that, it could be opposed anyway: you could be inviting strike-out of the whole claim because you'r

Hi there Mrs Tiger, I saw you on my thread, I'm not sure about the whole interest thing. I just claimed for 8% of the whole lot, didn't do the compound thing, brain wasn't working. I used jonni2bad's template for my MCOL and he said to do the total claim (charges and interest) x 0.0002........thats what I did and then rounded up my daily figure. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html Hope I've helped a bit, let me know if not, Babs x

Well, you could try arguing the following with them: 1. Sale of Goods Act 1979, s. 13 stipulates that goods sold by description (i.e. sold to you on the basis of your measurements as a fitted dress) must match the description. It seems the dress does not. 2. s. 14 stipulates that goods must be of a reasonable quality and free of minor defects and of a reasonable standard and finish. I'd argue this is not the case with your dress. 3. Point out to them s. 48A(3). This states that if goods do not conform to standard within 6 months of sale, they are deemed not to have conformed from delivery. Their 5 day limit is meaningless.

Have a look on Elsinore's thread Zak. He has'nt had a response yet, but to be honest, thats not totally the point - its to show the court that Lloyds solicitors are making a mockery of the system. Its a damn good letter and if you send it, make sure you also send a copy to the court.

Hi Kernser The request for your statements is £10 for the entire 6 years worth of all data they hold on you. If they play games on the phone explain to them that they will be reported to the Information Comissioners office. They are legally obliged to comply with a S.A.R - (Subject Access Request). If they fail to do so you can report them to the Information Commissioner and apply for a court order to force them to comply. Also you are not after compensation, you are asking for a refund on unlawful charges.There are some links below to assist you in getting around this site. Before you start please have a thorough read of the FAQs (

Hi Alison You can claim them back. Be careful with the wording on your AQ paperwork from the court if it gets that far. You have to show that you did infact breach the contract with them. They may try and wiggle out saying it's a service charge otherwise. Seen a few threads here where some are beginning to underestimate the enemy. If you need assistance keep on the mortgages thread and help is nearby. Read up on ZootScoot's thread about mortgage Erc's. Very good reading.Also read this thread to fully understand the rules of engagement. Great work carried out here. http://www.consumeractiongroup.co.uk/forum/mortgage-companies/32610-sara

is ur husband not able to tell them on the phone that he is too poorly to discuss this and gives consent for you to deal with it? If he cant then thats fine but could be helpful for a quick resolution. my dad hates talking to anyone official on the phone or even in letters so i always speak for him but with him quickly telling the person he gives consent. i think u will be fine. it just sounds like they r trying to push u to pay right away but if you ask them to do everything in writing it buys u a bit of time.

In a nutshell - no - but it is up to you - ask them to put it in writing.

I have put some useful links onto the thread that you can refer to when needed. Oh, and if they are useful please click on my scales at the bottom. This just shows that I have been a good boy!! Good luck. See you at the other end…… FAQ’s http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ Letter Templates http://www.consumeractiongroup.co.uk/forum/bank-templates-library/ Interest Spreadsheet http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html Court N1 form http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4

Hi and welcome Some of this info you will already know, so I apologise if you have already seen some of this. The process that you will follow is relatively easy but IS NOT a get rich quick scheme. Spend time reading the FAQ pages as this will stop you making mistakes along the way. Read as many threads as your eyes will allow, you will gain invaluable knowledge which will give you the confidence you need. You must always remember that this MAY lead to court, so far it hasn’t, but it may do. We will all be there if you end up being the ‘chosen one’ so don’t worry, it’s a long way off. I have put some useful links ont

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Hi Kathryn I find the best spreadsheet to use for this is the one by Mindzai see thread Mindzai & Lucid vs Lloyds TSB and the spreaedsheet is in post 22 and can be downloaded from here Verzend.be - send files up to 1GB for free - CompoundSheet_v1.6.xls (note that the link take you to a web site from which you download the spreadsheet, for some reason you also have to wait 10 seconds before it allows you to do so but dont worry, it works) its really easy to use, you simply enter your interest amount (19.9 % in your case) in the notes sheet and all your charges in the charges & interest sheet. The compounded interest for

Faxed this to Mr T: Following our recent telephone conversation (xxth November 2006) I have had time to reflect on your comments and would like to make the following points: 1) Although you take instructions from your client I think it is only a matter of courtesy that if I send correspondence to your firm requesting written acknowledgement that you should acknowledge receipt of my letter in writing and advise as to whether you have or are passing it onto your client. 2) Case management is obviously an issue for your firm as you appear unable to act upon your client’s instructions (the AQ you completed on their behalf indicated 1

Hi Alison, Don't be confused! Yes, you can reclaim your ERC. Here is the prelim: Request for repayment of early redemption charge Dear Sir/Madam Account Number: xxxxxxxxx I am writing to request a refund of the early redemption charge of £xxxx which was debited to my account on xx/xx/xxxx. I now understand that this charge is in all likelihood disproportionate to the costs that you actually incured. As such, this penalty is unlawful at Common Law, Statute and recent consumer regulations. Such disproportionate charges are considered to be unfair per se by the OFT who reported on 5th April 2006 and are therefore presumed t

snap

Hi Meek, Look in the FAQ's you should find the info here. In section G of the AQ you need to add this: "I am respectfully requesting my claim be heard via 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 or even reflect their actual costs incurred. I am happy to pay their actual costs and I am surprised the defendant did not counterclaim for these, as I would have paid them without argument. However, the continuing problem is (in common with the hu

Hi which letter did you send? and did you give them a deadline? Its normally 2 weeks so the 8th Dec is too late for them to reply.

We'll do it together! Jimfishybob - thank you so much for your reassurance I've just had a letter through that tells me I'll have to pay another £130 on my mortgage and so I really need this money. Mr Tiger has agreed to go for it, I've prepared the spreadsheets and now its all systems go. I'm right in saying that if we do it online we hold on to the spreadsheets to give them if they ask for them? Yes? Lets do it Babs - if you know what I mean

I assume you mean the current account charges announcement? No, HSBC have categorically stated they have no plans to introduce account fees at this time but they wouldn't rule it out. I suspect HSBC will see how this affects the business of FD before making any kind of decision. I also suspect it will affect FD by driving customers to other banks. You have to ask yourself, why have they done this at this time? The OFT are about to investigate current account charges to stop banks bleating that their charges are different to those of credit cards. FD must realise that the findings aren't going to go in their favour, they

I think with most people it starts off with being a few pence overdrawn, so you get a charge and then a 28 overlimit fee which isn't applied until the end of the month. I am on a set budget, so that is 58 quid from next months bills & mortage budget. The 28 quid then takes you over your limit again so another charge. Then by the following month, you are worse off, so maybe a direct debit will bounce and hey presto, more charges. If you then try to call the Halifax for an overdraft to try and be sensible, they will tell you you can't have an overdraft unless your account has been charge free for 3 months, which is helpful!! Then maybe a d

Robert, they tried the same to me. Keep going and they will grant a refund but they will not concede that the charges are unlawful. PM me if you want any advice - TBH it looks like you have it in hand - just don't give in.

10/11/06 Got a defence filed by GMAC. The failed to give a basis for calculation simply repeating that it was a liquidated damages claus, not unfair etc so no refund. 12 points all in all. Have written a draft response to each point in their defence. Sorry I haven't include thier points here, but it is far too long to type out and I cannot add attachments. So just my response is here for your comments. It is rather long I am afraid. Any points gratefully recived. Needless to say it is a cobble from all the great advice on the site....thanks Zootscoot et al! In response to the defence filed by the Defendant, I wish to respond t

Hiya Scouser, Yes you can claim old closed accounts (even if there is a default on it) it's just the same process = writing with the same letters from the templates library, listing dates of your charges etc..- like you've done with Halifax - lots on these Abbey threads to enlighten you and entertain you with their antics - keep reading and learning is the best thing to do as you'll keep up with the tactics the Banks are trying to pull etc.. Good luck - if you keep your thread updated with your progress there will be help when you need advice - there is always someone with an answer here.

You can use the original wording, but I'd use the opportunity to file fuller POC's

Well, what more can I say gang. Freebird's singing a happy tune tonight. Unconditional settlement in the bank today.....and yes I had a cry took the kids for a meal tonight..lol..their choice was pizza hut, and boy did we enjoy the pizzas... time now to thank all you lot on here so much, Admin, Mods, Site Helpers and of course posters, as all of you got me through this and I thanks you all from the bottom of my heart. A struggle, but really worth it in the end. Not only has another "little person" taken on "fat cats" and won but this year we're going to have the best Christmas ever and book a holiday....you bet ! Don't

Defence received, nothing strange, although they are disputing some charges that predate the 6 yr limitation rule, there are only a couple beyond it by a couple of months. AQ has been filled in and will be popped in post tommorow.

Anyone?

Hi Jolou, Good luck. You could try the Yorkshire Bank, I opened a parachute acc. with them there and then, no credit checks nothing and it has all the normal things ie cheque book, debit card and O/D facilities if wanted.

Keeps us in the picture!

Ignore it In your AQ you can refute their contentions re: lack of particulars SECTION G OTHER INFORMATION The defendant in its defence contends that this claim is not suitably particularised and the statement of claim shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the statutory and common law provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, contrary to the contention of the defendant, the relevant n

.. Provisional Findings report -Northern Irish personal banking We haven't been through the whole document yet but there are little pearls throughout what I have read so far. In particular appendices 4.6 and 4.10 are worth downloading and reading carefully. You should try and read the rest of it, though. I would suggest notetaking and highlighting so that the significance is fully appreciated. Although this doument doesn't necessarily apply directly to all of the banks - or to bank in England, Wales and Scotland, it does apply. I would suggest that anyone transferred to the Mercantile Court give this doc

Its likely they will spot your mistake in any event. Best to phone and check to make sure. If you need to ammend you need to complete form N244 along with the 35.00 All the best Zoot

Found you;) Will keep an eye on your progress if you don't mind! Good luck! (Smile!)

You can claim contractual interest from the outset if you can argue that one exists. Statutory interest is designed for claims where no contractual interest rate exists. Only contractual interest can be compounded too.

Yes, that's it. The exact text of my letter to each was: Litigation and Disputes team Level 29 1 Churchill Place London E14 5HP Your Reference Number (From the top of their letters to you) To whom it may concern. Please find enclosed a schedule of charges in relation to the above claim. The “Interest” column reflects the current running Interest total as at the (the date you print out the schedule plus the 8%). A copy of this schedule has also today been sent to the County Court at Northampton. Yours Sincerely also send an identical copy to the Bank, replacing their

I agree with Joe. If they make it clear that their response is final then you can proceed with your LBA.

Just to point out Rob that the charges are unlawful and not illegal as they do not come under criminal law. Secondly I suggest that you cancel your cheque, send another S.A.R - (Subject Access Request) and a letter (or secure message backed up by letter) saying that you want to place the account in dispute so they cannot take any further action until the dispute is resolved. It may be too late to stop them pulling the overdraft, but assuming that you can't afford to pay it all back at once you need to try and agree a way to repay it over a period of time at a rate that you can afford.

If you're reading around the forum, as you should, these steps shouldn't really come as a surprise. The AQ and the preparation for court are standard steps, so, of course the answers are in the Templates Library! For the AQ advice, click here. For court preparation, click here.

Try this: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

More info on interest can be found here... http://www.consumeractiongroup.co.uk/forum/general/7252-new-way-looking-interest.html http://www.consumeractiongroup.co.uk/forum/general/6964-spreadsheet-interest.html http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming.html http://www.consumeractiongroup.co.uk/forum/general/7214-interest-calculation.html Lots of debate and assistance there.

Don't worry after you have got all your unlawful bank charges back if need be I will go with you if you want . Anyway I thought he said he was closing your account ... a change of heart maybe cos he couldn't get you in to blag you .. we will have to wait and see just reread your post and you will not have to go in and discuss your account as part of the settlement if your not accepting any conditions . After your claim is settled , yes keep us posted

For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell? wonder no more. you can claim for anything which is deemed a penalty charge, which includes: returned direct debits, card mis-use, unpaid standing order, unpaid item, exceeding your overdraft, overdraft interest (see below), total charges (see below) notifed fees Unauthorised overdraft arrangement fees (more will be added as and when confirmation is found) you can not claim for: ATM (cash machine) usage (typica

Hi I wrote this letter and sent it recorded delivery the other day, I didn't see the advice on here cos it took a day or so for this thread to show up for me, for some reason! I have also made a complaint to the OFT on advice from the CAB. The letter was a usual demand letter, nothing said about a Court Order or anything. This is the letter I wrote: Dear Sir/Madam I demand that this letter is forwarded to the most senior person in your company. This is an official complaint and I am writing this with guidance from the CAB and the Office of Fair Trading. I am putting you on notice that I intend reporting you to the Office of