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Thanks yourbank. I will just pay the remaining amount then minus what they owe me and put my N1 into court.

OK have sent pre liminary request for charges and LBA and just filling in the N1 form now. My dilemma is this however, the bank has now got debt collectors to chase me for the outstanding debt. Should I: 1) Pay off the full amount their requesting, and then file N1 to get back charges and interest back they owe me;or 2) Just pay whats left of the debt minus what they owe me? Can the debt collectors still pursue me for an amount that I'm pursuing the bank for at court? E.G If debt their requesting is £1000, but they owe me £400 in charges, should I pay just the £600 difference? If I file N1 can the debt collectors still continue to pursue me for the other £400 even if it's subject to a court claim? It just seems silly paying them the full amount to then start a court claim to get half of it back? However I don't want to be in the position where they could come to my house for the remaining amount which'll be subject to court claim. Advice will be greatfully received :o) Missy

Thanks BankFodder- will have a read up about restitutionary damages around the site once I have finished the rest of these calculations. Thanks for your help, Missy :O)

Thanks BankFodder... So does this look like I'm on the right track below? I was a little unsure as to whether to calculate the interest added THAT month or the following month. I went for following month as I thought subsequent months interest relates to previous month? November Overdraft as of 30 Nov= £168.44 O/D Interest debited 31 Dec= £5.60 Last months accumulative of Charges and Interest= £0 This months charges total= £90.00 Total interest and charges to date= £90.00 £90.00 charges and interest to date divided by amount overdrawn £168.44= 53.43% of amount overdrawn is charges. Overdraft Interest £5.60 divided by 53.43%= £2.99 £2.99 + £90.00 charges and interest to date = £92.99 December Overdraft as of 31 Dec= £340.40 O/D Interest debited 31 Jan= £1.67 Last months accumulative of Charges and Interest= £92.99 This months charges total= £0 Total interest and charges to date= £92.99 £92.99 charges and interest to date divided by amount overdrawn £340.40= 27.32% of amount overdrawn is charges. Overdraft Interest £1.67 divided by 27.32%= £0.46 £0.46 + £92.99 charges and interest to date = £93.45 January Overdraft as of 31 Jan= £137.01 O/D Interest debited 28 Feb= £1.00 Last months accumulative of Charges and Interest= £93.45 This months charges total= £0 Total interest and charges to date= £93.45 £93.45 charges and interest to date divided by amount overdrawn £137.01= 68.21% of amount overdrawn is charges. Overdraft Interest £1.00 divided by 68.21%= £0.68 £0.68 + £93.45 charges and interest to date = £94.13 February Overdraft as of 28 Feb= £47.56 O/D Interest debited 31 March= £1.28 Last months accumulative of Charges and Interest= £94.13 This months charges total= £0 Total interest and charges to date= £94.13 £94.13 charges and interest to date + £1.28 Interest added 31 March 09= £95.41 March Overdraft as of 31 March= £328.79 O/D Interest debited 30 April = £4.59 Last months accumulative of Charges and Interest= £95.41 This months charges total= £0 Total interest and charges to date= £95.41 £95.41 charges and interest to date divided by amount overdrawn £328.79= 29.02% of amount overdrawn is charges. Overdraft Interest £4.59 divided by 29.02%= £1.33 £1.33 + £95.41 charges and interest to date = £96.74 And so on until present month? Have I calculated February correctly do you think? As accumulated charges and interest was more than the overdraft figure for that month I just added the whole interest amount debited the following month? This is going back to 2006 so should be quite substantial by the time I get to present day, especially as the past year interest debited has been £30-£40 per month. Thanks, Missy

I am now at the LBA stage with one of my claims. With my previous claims I spent hours trying to work out how much of the interest debited was based on my charges and admitted defeat in the end. I have decided to try and give it one more go again on my current claim but am getting nowhere- sums was never my forteit! I have tried using the template in this thread that ohoh4312 has produced however my stubbling block now is that it appears I need to know what my overdraft limit was at the time of the charges and interest debited? My statements do not say what my overdraft limit was and I believe it will have changed quite often over the 3 yrs of my claim as I slowly increased it up to amount it is now set at. :s Is this correct that I need to know my overdraft limit at the time of each charge or is it just the amount I was overdrawn once charge had been made? Missy

Thanks for your help and will do. Written reply to defence and will post tomorrow first thing. Missy :O)

Missy

Thanks all for your help. Yes it's been allocated to my local court and I sent the AQ back. Will write reply now to solicitors as per Martin3030 suggestion above. In regards to the mentioning of 'bank charges' I take it it's irrelevant and does not make their defence invalid or anything? Thanks, Missy

Hi CitizenB No that quote wasn't a response to my situation sorry. This was a suggestion Martin3030 had made to someone else who had had the same defence from solicitors-however I believe the post was from 2007 and so I'm not sure if it's still relevant. Ive been searching for days but most posts seem to be about CCA requests and I can't find any information in templates around Credit Card companies defences. As I have mentioned I'm not sure if I do need to reply to their request for further information and clarification as per their defence or if only a judge can order this? I'm more than sure it's just a delaying tactic as I sent copies of schedule of charges to them both with my preliminary letter and LBA. I just don't want to get something wrong after getting this far with the claim. Also as per my first post I see they've referred through their defence to 'Bank Charges' a couple of times when my claim is in fact against a Credit Card Company. I'm not sure if this is irrelevant or if they've messed up their defence? Thanks, Missy

Thanks Lex- It's just if I do need to reply I need to get it in the post tommorow to meet their deadline. Just to make it clear though I didn't CCA them for my agreement. I only opened the account I believe in 2007. Account was paid off in 2008 and closed and then I started claim for the unfair charges made to the account this year. Thanks for your help, Missy

Site Team can you help please with matter above I have to reply very soon?! Thanks Missy

BUMP anyone please?

Hi, I have received defence from Solicitors and a request for further information under CPR 18 with regard to CPR Rule 27.2(3) by a specified date. It requests: 2.1 In relation to each charge please identify (a) the date when the charge was charged; (b) the amount of the same; and © the reason(s) given for the charging of the same. 2.2 In relation to each charge please clarify the following: (a) Is it the case of the Claimant the same should not have been charged? (b) If yes; please explain why the Claimant contends that the same should not have been charged? © If no; is it the case of the Claimant that the same should not have been charged in this amount? (d) If yes; please explain why the Claimant contends that the same should not have been charged in this amount and identify the sum the Claimant contends should have been charged. (e) If no; please state the Claimant’s case. 3 In your claim you state that the charges are: “unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 and at Common law”. Please specify all of the facts relied on by the Claimant in support of the contentions in paragraph 3 above, and in particular please identify: (a) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 (“the Regulations”); and (b) the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable. Does it still stand as per Martin3030 post below that Solicitors can't request this info, only a court can, and to reply as suggested below? The court also forwarded these documents with the AQ to me. Also the defence refers to "the bank charges" a few times through the defence; however my claim is for a Credit Card not bank charges- is this irrevelant or to my advantage at all? Thanks in advance Missy

Thanks