This topic was closed on 08 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Thanks for all your help, I've completed the survey and I'm just waiting for their cheque to clear and I'll be making a donation. Thanks again and good luck everyone.

Hi, Success!!!! Well almost! In this mornings post was a cheque from Cobbetts for £4,800 . They seem to have forgotten about the extra £100 Allocation Questionaire Fee though, even though my last letter clearly pointed this out. So as soon as they send a further cheque to cover that then I will notify the court.

Hi, Quick update. Today I recieved a "Notice of Allocation to the Small Claims Track (Hearing)". The hearing is to take place on the 27th October at York County Court and is expected to take no longer than 2 hours. Thanks

Hi Col, Is your branch in England? If so you can issue the claim to your branch address. Hope this helps,

Hi, You fill out the Moneyclaim forms online at www.moneyclaim.gov.uk/ the costs varies depending on the amount of your claim. There is a guide to filling the form out in the Library http://www.consumeractiongroup.co.uk/forum/bank-templates-library/634-guide-notes-completing-moneyclaim.html Hope this helps,

Hi, I used my local branch address. I live in England and my branch is in England too. Since then all correspondance has been through their Solicitors, Cobbetts. Hope this helps,

Hi, Quick update. I delivered my allocation questionaire (and fee!) into York County Court by hand on the 6th July. Under the "other information" I noted that it would be useful for the defendants to provide details of how their charges are calculated / actual costs incurred etc. Today I received from Cobbetts a copy of their allocation questionaire. Surprisingly they haven't asked for the claim to be postponed for another month, they have agreed with the location of the hearing and thay have also agreed that the smalls claims track is most suitable. They haven't filled anything in the other information box. I'm not sure that I'm required to, but do you think I should send Cobbetts a copy of my allocation questionaire? Thanks

Sounds good, I'd like to think that the intimidation bit really annoys them! Good luck.

Hi, I received a letter today offering £2,500 as a full and final settlement. I will of course be declining their kind offer. I was surprised to get it at this stage as I haven't returned the allocation questionaire yet (deadline 8th July). The full letter is below for reference: Our client considers that your challenge to its charges would fail in Court. Our client believes that its charges are fair, reasonable and transparent. It considers that the amounts debited to your account have been applied strictly in accordance with your agreement with it and its published tariff, which it is satisfied complies with all applicable laws and regulations. Our client is also committed to ensuring the transparency of the information that it gives to its customers about the operation of its products. As such, our client does not believe that your claim has any prospect of succeeding. However, as a gesture of goodwill and strictly on the basis that our client rejects any liability to you, it is willing to offer you a goodwill payment of £2,500. Acceptance by you of this goodwill payment will be in full and final settlement of your claim against our client and strictly on the basis that:- 1 you agree not to disclose to any third party the fact of, or any details relating to, this payment: 2 you write to the Court withdrawing your claim. Whilst this letter is written without prejudice save as to costs, in the event that you decline this offer, we will draw this letter to the Court's attention on the basis that we hold the firm view that this offer is entirely reasonable in the circumstances. This offer will remain open for 7 days until Thursday 6 July 2006. We look forward to hearing from you. Yours faithfully Cobbetts LLP

Yes, here it is. I've blanked out my account nr. The claim form obviously had my name and address on and the defendant was named as my RBS branch. The claimant holds bank account number ####### with the defendant that is conducted on their standard terms and conditions. The claimant is seeking the return of money taken by the defendant during the past 6 years in relation to Unauthorised Overdraft,Referral, Chq/DD/SO Unpaid and Default Notice Charges. These charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant has repeatedly asked the defendant to return the money but they have not done so or attempted to justify their charges. The claimant claims the amount unlawfully charged of £3734.00 and interest under section 69 of County Courts Act 1984 at the rate of 8% a year of £1019.75

Thanks, Yes, it looks like just another attempt to intimidate by way of "gobblediggok"!

Hi, I sent the letter off as discussed above including a breakdown of charges (and account nr, sort code etc) and recieved this response: We refer to your letter dated 17 June 2006. We note your comments on our Request for Further Information. Please note that Part 27.2(1)(f) applies subject to paragraph 3 of Part 27.2, which states that the Court of its own initiative may order a party to provide further information if it considers it appropriate to do so. It is our client's contention that your Particulars of Claim do not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given your account details and the details of each charge you claim is disproportionate and unreasonable. The Court is bound by an overriding objective to deal with cases justly and ensure that parties are on an equal footing. It is clearly the case that our client cannot respond to your claim where you have not provided sufficient particulars. Our client objects to your allegation that the Request is intended to intimidate you. Accordingly, on allocation of this matter, we will be suggesting that case management directions cannot be proposed until you serve a full Reply to our Request. Extent to which other Parts apply 27.2 (1) The following Parts of these Rules do not apply to small claims - (a) Part 25 (interim remedies) except as it relates to interim injunctions (GL) (b) Part 31 (disclosure and inspection); © Part 32 (evidence) except rule 32.1 (power of court to control evidence); (d) Part 33 (miscellaneous rules about evidence); (e) Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts - overriding duty to the court), 35.7 (court's power to direct that evidence is to be given by single joint expert) and 35.8 (instructions to a single joint expert); (f) Subject to paragraph (3), Part 18 (further information); (g) Part 36 (offers to settle and payments into court); and (h) Part 39 (hearings) except rule 39.2 (general rule - hearing to be in public). (2) The other Parts of these Rules apply to small claims except to the extent that a rule limits such application. (3) The court of its own initiative may order a party to provide further _ Information if it considers it appropriate to do so. ~ Yours Faithfully, What do you think? Thanks,

Hi, The 28 days start from when the claim is deemed to have been served to the bank, so from your post it sounds like this is the 12/06/06. You should have had a letter from the court which said something like "posted by first class post on xx/xx/xx, deemed to have been served on xx/xx/xx. Hope this helps,