Thanks Gary - I've got the Sempra and Westdeutsche judgments to sample. Are there any other sources on unjust enrichment you can point me to? PM me if you need. BTW - Cobbetts did state that the 29.84% rate should not apply as it is an average rate, and that it could not apply to an account that had been in credit at some point during the claim. It's for this reason (as I couldn't be sure of a counter argument) that I modified the POCs to the simple compounded schedule for unauthorised and authorised in the alternative Cheers Monty

Thanks Gary - that's reassuring. It's RBS, they did, although I ahve modified the claim via N244 and claiming charges plus interest (not interest on interest, IYKWIM). No Bundle submitted by them - still responding to N244

Guys - this thread is fascinating. I'm almost overwhelmed by the legal complexities. What would you suggest someone do if: They'd argued M+R in their POCs Claimed unauthorised, authorised (both compounded) and s69 in the alternatives Submitted their bundle Due in court in a couple of weeks Thanks Monty

Hi Guys, or anyone listening. Should you include court forms in the bundle - N1, AQs, Defence, POCs etc? Both the otherside and the court should have this but I don't want to muck the bundle up and can include copies of these docs if need be. Thanks for your help. Monty

Diamond - thanks Yanni. Do you have that '99 paragraph as a pdf or scan? Cheers

Thanks for these - I can't find any mention or implication that exceeding an agreed limit will incur a charge. Instead, it gets treated as an informal request for an overdraft. In these situations could it still be argued that by exceeding a limit a customer is in breach of contract? Wasn't this the key issue behind the recent Lloyds TSB successes? I don't want it be seen as a legitimate service.

The account was taken out in October 1998 and the charges range from Jan 2001 to September 2006. Do you know if I need opening terms or terms that applied at the time the charges were levied?

Hi SS-Lady I just posted asking for these - has anyone submitted any to you? Do you have them electronically? I need them for my court bundle. Thanks muchly Monty

I need them for my court bundle - haven't asked in a branch yet but assuming they won't give them to me. Thanks Monty

About 2 weeks after I returned the AQ.

Hi Winifa I haven't yet, but probably will. The cheque is made out wrongly anyway as the written and numeric amounts don't match, so I don't think I can pay it in like that. Additionally, they have written on the pay line the account number to pay it into, but I do not believe they can dictate what I do with it - I owe RBS more than they are paying me, but don't use the account any more. Otherwise I guess they could just pay it in, although I guess I would have to agree to that as a full and final settlement, which I probably wouldn't. You should get a copy of the defence from the court also when you get the AQ. It's easy to fill out - just make sure you follow the guidance in the library for completing it, and include the draft order for disclosure (the updated one - the link should be in the library). Cheers Monty

Hi Guys - thanks for your help with my threads. This thread is probably outdated now, since I rang the court who told me the AQ is the reply to the defence. I submitted that, then got the offer including 8%. My other thread regarding that covers my questions about this. Cheers again. Monty

Thanks Martin and Chez for the advice. I've submitted N1 and AQ but have not been asked for court bundle yet. With what happened to Kev yesterday it's sent the jitters in me a bit, so I am tempted to take this and am also worried about how a judge would view a refusal of this offer. As I have reached AQ stage, can I write back and also claim the AQ fee? I am out of pocket for the court fee and Aq fee, and the cheque is made out to me but stating I have to pay it into the RBS account - it's frozen and part of a DMP. Also, the numeric and word amounts do not match - not sure if this is deliberate or a istake (probably the latter). Can they force me into paying the money into a specific account, or am I within my rights to tell them to give it to me unconditionally? Thanks guys.

My initial thoughts are to reject this, since I have pleaded unauthorised, authorised and statutory in the alternative. I therefore believe that the worse I would get in court would be the same as this offer. As I do not believe the bank will allow this to get to court as the legality of the bank charges will have to be argued before the interest I believe this is a safe strategy. Does anyone have any thoughts on this or done something similar? Thanks Monty

Hi Chez Have you got anywhere with this yet? I sent my AQ off today and am also claiming unauthorised compounded. Will keep you posted on how it goes. Cheers Monty