just when i thought the claim had reached the peak of absurdity, you inform us they owe you money. in your defence, express your intention to counterclaim under civil procedure rules part 20 and state why you are doing so. in this instance the fact they owe you money. if you don't have evidence of the expert fees you paid, request a subject access request from the solicitors or wait for the allocation questionnaire and ask that the claimant (solicitors) produce the evidence. The judge in his\her directions will compel the claimant to provide it. the latter is the easier route. if this claim is thrown out, you should submit a claim, yourself, for the monies owed. If you think these solicitors were negligent in the original case they represented you in, you could have a no win no fee soliticor take them to court for professional negligence. obviously you can take them to court for this yourself. if you do please post as much of the details as you can.

Hi MrZ. yes, you are the Defendant in this case. send the N244 (application notice) to your local court who will have the case transfered. if you want to be ultra safe put the request in writing to the Court Manager. the cost of the application notice is £40 and no you don't require a hearing. explain in the section "other information" why you believe the CCJ should be set aside. namely the CCJ was issued to the wrong person (am i correct in that assumption?) as you've never held an account with the Claimant. hope this helps.

OP, i suspect they can use one of you as a defendant. when the case is thrown out (it will be!) they will resubmit the claim in your name. if the case is as you've presented it, then it doesn't stand a chance. if, for some bizarre reason this goes to court, i would countersue for the cost of preparing your defence. hope this helps.

update for those in a similar boat. first defendant in the second court case has submitted a defence. i had to go to the court and submit the original copy of my claim. which has now (hopefully ) gone to the judge. i wish i knew what i know now, back when i started this claim. the whole process has been a ardous, stressful event which i hope to be free of. to this end i hope the claims are consolidated as it will mean a hearing will be scheduled sooner, rather than later.

if you have an overdraft with the bank they apply compound interest. under the law of restitution and\or a claim of unjust enrichment the OP would be entitled to use compound interest to reclaim the sum owed. dx you're assuming the OP wasn't overdrawn during this period due to paying the PPI. interest would've been charged on the account he was using to make the payments.

I used the current interest rate for my claim. remember you will be sending the bank this so they can go over you figures and provide figures they believe are correct. 8% interest is court interest. or at least to my knowledge it is. you add 8% to the total amount you've calculated.

use the following tool. http://www.egalegal.com/compoundWindow.html simple and easy to use. just find out what interest rate the barclay's charges you per month or annum and use the calculator to calculate what you're owed.

Madkit, can i ask why you haven't used compound interest to calculate what is owed to you? is the 8% court interest as the interest on your actual account would've been far higher. we're talking, anything between 17-20% per annum. shame to lose out on that, especially as you'd be entitled to it. why no claim for unjust enrichment? you're entitled to interest after judgement, although i suspect the courts will calculate after the period in which the defendant has to pay the judgement. i could be wrong though i suspect i ain't. happy hunting

from what i can see your calculations are correct given the amounts you listed. I used EGAlegal compound interest calculator to verify some of your calculations. out of curiousity what sort of account is charged, over £100 per month, for PPI? is it a business account? p.s. if you have to take this to court please add the 8% court interest on the claim

I'm trying to reclaim myself. Natwest had a PPI on my account back before they introduced the Advantage Gold account. I got an SAR for the account up until may 2000 but i know i use to £6.00 for PPI prior to this. What i don't know is whether this was monthly or annually? Can anyone tell me which? Also can you tell me whether i can claim for it and ask the bank to produce the proof in court as Natwest aren't keen on giving me the rest of my account details.

wouldn't payments for the loan coming from your current account be circumstantial 'proof'? here's what i'm thinking. if you had a loan for £1,000 and you made 11 monthly payments of £100 (the 11th month being interest on the loan). anything on top of this would be an additional charge. could this be PPI? well, the bank would have to explain it.

nortie, can you update the thread as i'm going through something similar and would like to know how you're getting on. p.s. I tried calculating the compound interest, by month and did so without a spreadsheet. although i've just discovered i made a mistake with the amount of months and the rate of interest i used to calculate the figures. i'm loath to do it all again but i can't see any alternative.

sorry to be dense but how do i get excel to calculate the compound interest using blueyonder (interestcalcs).

apologises in advance. this post is going to be a rant. What irks me about this latest episode, is, the court clerks have been thoroughly unhelpful throughout the life of this claim. a couple of weeks ago i submitted a claim online. a few days ago i get the AQ along with a letter from the second defendant's solicitor on the claim requesting to have the case struck out. In the other information section of the AQ i point out the erroneous nature of the request. The AQ cost £40. I wrote a letter to the court manager to say the first defendant hadn't submit- ted a defence. the court clerk said the claim would proceed as normal, although i could claim against the first if they didn't file an acknowledgement within the specified time. Now the second defendant's solicitor is requesting my first claim (lost amended files) and the second claim be consolidated. can the claim be consolidated if the first defendant won't submit a defence?

i just phoned community legal advice, who recommended (as a last resort) i complain to the Court Service Secretariat for Crown. I tried calling them but the number doesn't exist any longer.

every time i try to open the link it opens in word pad and i get unintelligible script. if i save the file what program (excel, powerpoint etc) should i use to open it with?

I just phoned the court to see if my amended claim had been submitted to the judge. The court clerk said they can't locate my file. I asked whether i could resubmit the amended file. the answer was no as the judge had requested to see all particulars of claim and not just the amended copies. I was told the claim would be struck out if they can't locate the files. Has anyone had this happen to them? Can i make a new claim if it is thrown out at no further expense to myself?

i need a compound interest spreadsheet program. is there one available? some of the links in this thread don't work.

OP, if you know thes cowboys have assets then i suggest you go down the statutory demand route. don't waste time with bailiffs.

after some searching the answer lies here: http://www.smallclaims.me.uk/time.html

My claim has been in court since Dec 2010. In that time i've amended the claim twice. The last being on the 11th Apr 2011. I realise in advance the judge has 2 weeks to view the amended claim and respond. then the defendant's solicitor has another 14 days and then at some future date will come the allocation questionnaire. my question is how long after the last 14 days will both parties be served with the AQ? to save time could i fill out the N150 form, now and send it to the judge? how long after the AQ will i have to wait for the hearing?

i haven't filed the pre action protocol as i heard the banks will suspend an account whilst they're verifying the claimed figures on the account. I also phoned the bank for an advantage gold contract only to be told one doesn't exist. terms and conditions can only sent to me if i sign up first for a AG account. the only thing i could possibly serve with my claim is a print out of the stated benefits of the AG account. even worse is the fact they've changed the terms of the overdraft charges. i believe i would win the breach of contract but asking for the charges might come down to whether natwest can provide a contract (not necessarily signed) for the terms and conditions from 11 years ago.

From what i've read on these and other boards the bank will try to have the case thrown out under CPR 16.2(1)(a) and 16.4(1)(a). indeed in the open claim i referred to, the defendant's solicitor, did just that. Over the weekend i had to restate my particulars of claim and fill out a N244 form (application notice) and resubmit (thank you CAG ). you can probably see why i don't want to make the same mistake twice. imagine for an instance this is my particulars of claim and i write the following. The bank is in breach of contract under english contract law is that wording sufficient? i also have another 2 problems in regards to this matter. the first is that i called the bank to request on two seperate occasions in the 45 day period. because there is no record of me requesting (already done a S.A.R.) the money back, could the bank use this to have the case thrown out? is there legislation, a statute or precedent which would forego the burden of proof in my case, considering the actions i took to have the money reclaimed (court action). in short, can it be implied i made the request given i was prepared to fight this in court?

In a open claim i have for another matter i used the consumer protection from unfair trading regulation 2008. are you saying i can't use it in court? i phoned trading standards and the said they wouldn't pursue my complaint. is there any practice direction required in court to use this regulation?

The breach is from the advantage gold agreement which states under the service that bank charges wouldn't be made while the account is in an agreed overdraft limit. i have my charge history and i was charged regardless. the second breach, again relates to the advantage gold. the contract has a purchase protect insurance, 45 day clause. when i tried to use it i was told i couldn't. i took the retailer to court and won. though the retailer neglected to pay. I realise after the supreme court ruling all claims made for unfair bank charges are moot. there's the BBA v FSA court case regarding PPI complaints procedures, which banks are asking for a stay of most claims while a decision is made. in my case i want to claim for restitution (advantage gold fee and bank charges). but in order to do this i need some legal framework. unless i can use contract law which i believe is a form of common law. can i make a claim without any guiding legislation\act? in short can i stipulate common law in the particulars of claim? and what (if any) are the problems of using common law?