Thank you both for your responses. I have never filed at my local court and always used MCOL. I think I will wait and see what the results of the test case are and then proceed from there. Does anyone have any insight into what might be decided? Do you think it possible that we could end up with nothing?? Thanks

Hi all, Please accept my apologies if I am asking daft questions but I am a bit rusty at this!! I claimed my charges back from Natwest 2 years ago and was ever so proud of myself that early last year I decided to go for the remainder of the charges. So.... charges calculated, pre lim sent, LBA sent and then....I heard about the test case. I am ashamed to say I have done nothing since. (That was July 07) The main reason I havent is because I received a letter from Natwest offering me around a quarter of the amount and telling me to either accept that or wait for the results of the test case. So please can someone advise what I should do now? Should I file MCOL like I did last time? Or do I have to wait for the results of the test case and then see what (if anything) they pay out? Any help much appreciated Thank you

Thanks Steven, So the basic idea is, file moneyclaim in 2 weeks as normal then just wait? The amount is a lot more than I originally calculated so it will be worth it. Can you add the daily interest while its delayed though? I think on my last claim it was 25p per day....that will mount up the longer it takes!! Clark xx:p

Afternoon all..... Well LBA was delivered yesterday so its 14 days and counting. My concern is that its been ages since my last claim and I've read a few bits on this 'test' case. What does it mean and how does it affect us??? Any help much appreciated. Clark xx:p

Afternoon all, Well after taking on Natwest at the back end of last year and WINNING all my money back, I'm off again as they persist in applying £28 a month to an account I no longer use and have asked to be closed twice!!! So, pre-lim letter went yesterday for approx 280 quid. Not a lot compared to the first time but hey, as long as they keep taking MY money I'm gonna keep claiming it back!!!! I'll keep u all posted!! Clark xx:p

Well its now official......cheque arrive this morning for full amount!! WOOOOOOOOO HOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!

Thanks all, much appreciated!!! Cheque not arrived yet so tick tock.....still waiting! There will be an almighty party on here when I do.....It seems to have taken FOREVER!!!! Thanks again for all the help guys, couldnt of got this far without you all! Clark xx

Congratulations Jane!!!! Im really pleased for you, hope you have a fantastic Christmas with the cash! Still waiting for my cheque but hopefully not long now!! Well done hun Clark xx:p

WELL DONE.......... CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!! Really pleased for you hun....hope Im not too far behind!!!! (although I have already won in theory) Enjoy the spending and have a great Christmas!!!!!! Clark xx:p

Cheers guys.... Si, ur not that far behind are you?? Manj, I filed this claim on 31/08 Baldrick, I know that the common time for settlement is after a court date is issued, weird that I got this cos no-one else seems to have???? However, its basically asking Natwest to disclose which we know there arent going to dont we?? lmao And Orfoster.....ahvent seen u about in a while!!! Thanks for popping on with your congratlations....must seem like ages since yours settled and we filed at the same time!!!!!! Well all i wont be holding my breath but as soon as the cheque hits the doormat ill be in here celebrating and the drinks (and donation of course) will be on me!!!! Clark xx:p

Ok, so I didnt wait for a reply I just called Ms Burgoyne who confirms that her clients are refunding me!!!!!!!! I should have a cheque within a week....so although I havent been paid out yet and I dont have it in writing yet....in essence.... IVE WON!!!!!!!!!!!!!!!

Well theres someone on this forum who i go to for a lot of advice (u know who u are) lol and he seems to think they wont file the info and ill have the cheque on that particular date! However, i just wondered if anyone had had the same as this....im only from a small town and the court is in the next town which is little too so just wondering if they dont have the resources to deal with this claim. Im also wondering if NatWest could sign the form that they dont want it to be dealt with on paper alone hence a further delay!!! Ive just phoned the court to ask what would happen if they dont file the info and they said it would get referred to the judge to decide on the next step! I hope it doesnt get delayed anymore!!! Also, does anyone think it might be an idea to call Cobbetts and ask them if they are happy for it to be dealt with on paper or leave it as it is??? Im dying to know whats gonna happens next! Clark xx:p

Ok...so after thinking my next step was a court date, this is what I received word for word from Oldham County Court...... Notice of Allocation to Small Claims Track (No hearing) Its is ordered that: The defendant do file by the 14th November 2006 a witness statement on behalf of the defendant explaing basis for and method of computation of fees and charges in respect of which the claimant claims. The judge proposes to deal with the claim without a hearing, that is, on paper alone, but can only do this if all parties agree. Please tell the court whether or not you agree to your case being dealt with in this way by completing th form. So.....anyone had anything similar to this??? Clark xx:p

Hi Jane, Just thought Id pop on to post an update seein as though we're at the same stage. I received a letter from my court bascially saying that they want to try and proceed on paper alone, ie without a hearing and can only do so if both parties agree. Also, its requests that the defendant telss how they calculate their fees etc...ie disclosure! According to a couple of people, bascially ive won!! Expecting a cheque by the fourteenth cos i dont think theyll submit the info. Anyway just thought id let u know what happened in my case! Clark xx:p

Go on S!!!!!!!! Right behind you all the way mate Clark xx:p

No, but phoned the court yesterday and they said I should get a court date in about a week. Not long now hopefully! Thanks again for the template! Clark xx:p

Heard anything hun??? Clark xx:p

:pAwww Kerry WELL DONE!!!!! Am really really pleased for you!!! Ive followed your story as you are a couple of weeks ahead of me so ive been lookin at your thread to see what'll happen next!! So pleased for you, in time for Xmas too! Enjoy it!!! Clark xx:p

Well done Chris!!!!! Really pleased for you! Enjoy the spending!! Clark xx:p

Hi Kerry, Ive just sent this today.... Cobbetts LLP Ship Canal House King Street Manchester M2 4WB 30th October 2006 Claim Number: xxxxxxxx Ref: xxxxxxxxxxxxxx Dear Sir/Madam, Thank you for your letter dated 24th October 2006. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, which are now totalling £1158.13, a total that will increase every day until judgement or earlier settlement. I will accept the sum of £750 which you offered, only as part settlement and on the clear understanding that I will pursue recovery of the remainder through the court. I trust this clarifies my position. Yours faithfully

Hi Jane, Just thought i'd pop myself over to ur thread and say a quick hello and GOOD LUCK!!!! Youve been invaluable with ur advice and support up to now and just wanted to say thank u so much!!! Good Luck and if u need any advice (not that u wud from me!!!) just give me a shout!!! Take care and good luck Claire xx:p

Hi again, I think im being really blind but I cant find the rejection letter!! Can u tell me which one u sent?? Cheers Nita Clark xx:p

Hi xoxnitaxox I received my offer today of just over half....just tryin to find a decline letter to pinch off someone! Looks like we're neck and neck! Good Luck!! Clark xx:p

Well, i think im drawing to the end of this but someone please correct me if I am wrong. Today I received a letter from Cobbetts offering me 750.00 in full and final settlement on my claim which is 1200 ish going up by 0.21p a day since 31/08/06 Now I know that I need to decline and let them know I want the full amount but I was wondering if there was a template anyone can let me pinch! Also the letter states they think its entirely reasonable offer and will bring it to the attention to the court if I decline. Is this normal and should I be worried about declining?? Also, what is peoples timescales of getting full settlement after declining?? Thanks in advance Clark xx:p

Cheers Alexandra, thanks for the reassurance!! Copy of Natwest AQ in post today so ill just see what happens next Clark xx:p