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Thanks for that Zoot, Much appreciate your reply.. I think Ill give it some consideration... Looks like the Cumberland are going to try this " counterclaim " malarkey with everyone.. Mandi

Thanks for everyones replies, and the Links,, Can I please just clarify Even though I have previously dropped the claim .. Can I still go ahead with another.. Now I have more information, and help from everyone here.. Becuse if this is the case... Im going for it... BIG TIME.. cheers everyone Mandi

)-: Thanks Caro.. Just asking, but has anyone else had a counterclaim filed against them ????If so what happened..

Thank you for your reply its much appreciated.. As I said they didnt confirm or deny that the charges were penaltys.. Which is a good sign for everyone .. Im now with the Nat West.. Who tried it on with a £38.00 charge when I opened my account ( not my fault I might add).. I got it refunded, and maybe this should be on another thread... but The hassle I had getting the refund was incredible.. A DD had gone out on the wrong date, I claimed back under the DD guarantee.. They told me I couldnt and needed to fill in an indemnity claim form so I could claim from the originator.. I said no , and after 4 days of quoting their own policy re DDs, and refunds.. I go MY moneyback.. Banks Grrr Mandi

Hi all, Just to give the update as requested.. Unfortunately there was no info available here re my banks " counterclaim", and I felt very let down by the forum . I had to consult a litigation solicitior, who advised ,me that as my claim was relatively small, his best advice was for me to drop my claim for charges, if they dropped their counterclaim.. Which I did.. He advised me that they had employed a barrister,( at geat cost to them) to reply to my claim, but I might add that nowhere in the reply did they confirm or deny that the charges are penaltys.. and In hindsight I had had more ifo, ( as I do now) I would have gone to court.. The name of the bank is CUMBERLAND BUILDING SOCIETY ( they have branches throughout Cumbria, and Northwest Scotland) At their request I no longer have an account with them!!!!.. But what can you expect after 20 years as a loyal customer...!!!XX!!!

Thanks for the Pm Bankfodder, however I cant reply as your INBOX is full... Mandi

Hi Bankfodder, Thank you for your PM. I would like to give you the details that you requested but your INBOX is full Thanls Mandi

Yes I can thank you. ... Its on my "to do "list tomorrow...

This is the banks counterclaim..Funky 1.As set out in Paragraph 15 a number of charges incurred by the claimant have been refunded to her as a non binding " gesture of Goodwill" Under clause 23.3 of the Investment and current account conditions which apply to this account, the defendant may choose not to enforce conditions, but that will not give the defendant the right, not to enforce those conditions in the future.. They then go on to list the dates the Goodwill refunds, were given 2.Costs and expenses as a matter of contract as set out in para 29 ( Para 29 reads.. In the premises the claimant claims as a matter of contractual entitlement is legal and adminastrive costs) 3. Intrest 4Alternatively to (2) the cost of these proceedings as a matter of discretion for the court 5. Such further other relief as may be necessary, or desirable Thats the full counterclaim, basicly they want me to pay them back the goodwill, plus intrest, and court costs.. One thing I should maybe point out..Im in reciept of benefits, they know this because the benefit is paid into my account with them, and on umpteen occasions, they have charged me for an unpaid direct debit, when on 1 occcasion I was a few pence short, and my benefit was to be paid in 12 hours later... Could it have anything to do with the fact that they are disputing the amount im claiming,, they say the amount is less?? Sorry for the long winded reply Thanks again everyone BTW the letter is signed by their solicitor

Thanks for your replies so far..everyone May I post the name of the Bank at a later date.. Reason is that its a local building society.. and not a National one.. ( - : I knew right at the start they would take this to the bitter end..( but just in case they know this forum I would like to stay quiet for now.. Will post their name at a later date.. Just not sure what to do about the counterclaim.. Can anyone recommend maybe another user or area of the site I can obtain more information from please... Thanks again, and again (-: Mandi

Im only claiming the charges, that they havent refunded as "goodwill" Nothing else.. Sorry for the confusion Mandi

Yes Here goes and the defendant counterclaims 1. £ 116.00 or such other sum as the court finds due as set out in parag 26 herein 2. Costs and expenses as a matter of contract, as set out in parag 29 herein 3. Intrest 4 alternatively to (2) the costs of these proccedings as a matter of discrettion of the court 5such further relief as may be necessary or desirable Basicly they want their money back plus intest, and court costs Any ideas now please, Thank you very much

Hi Everyone, Well my bank still digging their heels in, and I have now received a court allocation questionnaire.. Including a Couterclaim from my bank for past refunds to my account given as Gestures of " goodwill"... !! Has this happened to anyone else. ?? And most impostanly... What Do I do next please... ???? Im in receipt of benefits, and its going to cost me £ 100.00 when I return this form, so I need to do it properley.. I also have limited time to return it... SOO PLEEESE can anyone advise my.. I will be most greatful Thank you Mandi

Thanks for your reply Reload ( just read it) Im a little aprehensive, but dont plan on stopping this until I reatch the end,, Not long to go now, claim acknoledged on the 2nd, so should know something by next Friday.. Thank god for the replies everone sent me!! (-; Your a great lot.. Will definately keep you posted.... Cheers Mandi