Hello Supstar1, It looks to me that Cobbetts have 14 days to reply to your amended defence but you will need a cag member who is clued up with what happens if Cobbetts do not reply within those 14 days. You have 21 days to agree the time slot for October. I wished i could give you a solid answer with this but i am not sure? Now if the claimaint does not repy to your amended defence can you have the case struck out? Can anybody answer these questions for Supastar please!

Hello Texanbar, Hope your mum in law is ok and hope you are well. It looks to me that the Ratwest need to give the judge the agreement of your loan and how they come to these charges. The judge has probably given them a time limit and for the Ratwest to give you a copy of there amended claim. Will it happen? Now wait and see if the Ratwest will respond to the court but if you hear nothing from the Ratwest by the end of next week please phone the court and explain that you have not recieved an amended claim from them. You could then write a letter to the judge having the case struck out! I will cross my fingers for you! Just remember this the advice i would do but maybe a more experianced cagger would have a bit more knowledge but lets see if the Ratwest respond first. Womble:)

Hi Stressed Mum, It sounds to me you have your work cut out with the children.lol. My little darling went back to school last week.At the moment i am on my 3rd Job! Yeap working 3 jobs to keep a float. I took a evening job for 3 hours each night.So i am knackered. Here is the answer for the 8% charge from the forum. 2) Statutory Interest under section 69 of the County Court Act. This is the standard interest applicable to your claim. It is awarded at the discretion of the court and should not be added to your claim until you file the claim with the court. The current rate is 8% PA. You can claim this on TOP of the Overdraft interest (1). Lamen terms is that you place this 8% charge when you file claim in court and not before. Hope this kind of helps. Womble:)

Hi Supastar, Just sit & wait now. The judge is probably swamped with claims. I hope it all goes well for you and your family. Womble:)

Hello Stressed Mum, Sorry for the delay of replying.I have been really busy. Have you had any luck with the link plus you stated about the natwest charging £70.00 a month charges. I could send you my spreadsheet but i will need to send it to your email address and send you mine.Just change my details with yours. Did you keep my email address? Womble

Hi Stressed Mum, Hope you have had a good bank holiday. If your account is advantage gold please remember the following, ust to recap about the gold charges with your caluclations, i dont know if you saw this thread but i will post it here for you for charges of the gold account. Important dates for Advantage Gold As of October 2002 The Advantage Gold fee was £6 From September 2003 The Advantage Gold fee was £9 From July 2005 The Advantage Gold Fee was £10 And finally From June 2006 The advantage Gold fee is £12. Additional note added 14/11/2006 It has come to my attention that during 2002/4 I believe some people trialled new benefits on Advantage Gold for the cost of £7.50. NatWest put together charges for Advantage Gold and Unarranged Borrowing together from 31/10/2002 so that the charge for Advantage Gold and Unarranged Borrowing was not two separate charges but one fee. This guide should clarify and clearly help you to distinguish penalty fees for Unarranged Borrowing which you can claim and Advantage Gold service charges that you cannot claim. Just make sure what you are looking for as unfair charges. returned direct debits * card misuse fees * unpaid standing orders * unpaid item fees * exceeding your overdraft * referral fee There is a step by step guide on the forum. Good Luck. Womble:D

Hello Supastar1, Hope you and your family are well. Its just a waiting game.Maybe Cobbetts are sweating.Lol. They cant have you on the loan because there is no agreement. The overdraft has unfair charges on. I will cross my fingers Cobbetts will throw the towel in. Please keep me posted and have a lovely bank holiday weekend. Womble

Hello Stressed Mum, It seems to me that the Ratwest do not want to play ball. I am not sure what you need to do if they do not comply with your Sar request. They may have lost your paperwork (dont be surprised) You may need to send another letter this week demanding they reply to your Sar request and see what happens. Thanks for the PM. Hope you and your family are ok. Please keep me posted. Womble:)

I am pleased that your taking a positive outlook. You have a really good defence and i will cross my fingers Cobbetts will back down. If they dont just kick ass in court. lol. This is a great site and there are many fantastic people banding together. Enjoy the rest of the weekend. Womble:):)

Hi Trickie Dickie, This looks to me like a test case. Why are they going to waste time & money taking you to court with an unenforcable agreement ? Just turn up and ask the judge for them to show the signed agreement. Dont let the judge go with a moral decision.

Get your figures done on the unfair charges and send off the amended defence. Hopefully that will put the wind up Cobbetts! Cross my fingers. Womble:)

Hi Supastar, Dont worry i have been following your thread under stealth. You did do a calculation for unfair charges ? You had over a £1,000 + unfair charges. You are in safe hands with IGNM & Steven. The subject with counter claim of the cpr request i could not give you any help on this but you have had a great repsonse with this matter from fellow caggers. Womble:)

Is this the Sar request? You can collect from your local branch but if they are happy to send termination letters to your home address why cant they send your statements. Will they let you know when you can collect your statements from the bank. Just take a passport or driving licence and i would not sign any paperwork. The Ratwest are a joke. If they have no record of any signatures then in my view should not even go for court action for any of this. Womble:)

Hi Starbar, It is always best to defend the case from the start and that includes an enforced agreement. Now you need to defend the Co. I think the law at the moment states that you need to default on the County court Payments before they could have a Co. You could use many arguements including a joint mortgage, unfair to other creditors. Have the Nr notified your other creditors? It is a un secured loan and that how the agreement should stand. I am glad you feel better after today. Court can be a very scary place but you had a friendly judge and not a hostile solicitor. There are lots of people (including me) who have an enforced loan agreement and maybe they will drag me back into court one day. I am in the same boat and it is hard to use any sort of defence when the agreement is enforceable. Enjoy the rest of tonight. Womble:)

Hi Starbar, How did you get on today in court.

Good Luck for tomorrow Starbar. I wished i could have done more to help. All the Best. Womble

Thanks Supasnooper.

Good Luck for Wed. Remember if they mention a Co give your points of why this should not happen. Please keep me posted.

Thank You !

Bump Bump Bump Bump

Hi Starbar, What day is it on ? Im not to sure if the Nr will go for a Co on the day but strongly make your arguement stating that it is a un-secured loan. Be assertive.

Ok. Hows the weather up North ? Its rubbish down here. lol.

Sorry your right the CCa form. Do send. Remember to include the £1.00 postal order and do not sign it !

Would anybody on wasted costs just say Yes thats fine womble. Send it off to Cobbetts !

Hello Stressed Mum, Ok send off the Sar request and the cpr as well. The loan was taking out not long ago so when they do send your loan agreement i would assume the loan agreement would be enforcable. Just wait to see what the Nr will send. The agreement might not be correctly executed. (you might have your signed copy indoors somewhere) The default notice gives you 17 days to remedy the problem. Now my shortfall is understanding a bad default notice. Just looked at my thread and clause 4 was a issue but the caggers did say that Nr could just re issue a new default notice and carry on with court action. Now the Charging order. I remember one case - Benson05. Benson had exactly the same issue -loan & mortgage with Nr. No equity in the house. Benson came to an arrangement through the court for monthly payments. The Nr tried to get a Co against Benson but failed because it was a joint mortgage, unfair to other creditors, Children need a roof over there head and also no Equity in the property. The judge went on the fact that if Benson missed a Ccj payment then the Nr could go for a charging order. The judge could not understand why the Nr wanted a Co against a property in negative equity. The Nr should understand that your property is in negative equity and they would be wasting there money on chasing a Co. Lets wait and see what they send. I was paying them token payments for over a year and a half before they got nasty. Hope you have enjoyed the sunshine today with your kids. Womble:)