Fantastic news - in that case we'll bank our cheque (although we'll be writing to Cobblers to tell them there's no chance of us agreeing to their confidentiality condition!) - I think to be on the safe side we'll also tell them that we won't send the NoD until after the cheque has cleared and been withdrawn in full, then we can put it in another account for peace of mind. I shall also be checking my partners statements for any charges since our court app. (and I'm sure I'll find one or two) and will be requesting that they be returned - if they refuse, well we'll start all over again - what fun!!! Hope your celebrations have been going with a bang - I think I might need to organise a party now...

Hello and Congratulations! Just a quickie - have you been able to withdraw the full value of your cheque now that it has cleared or have you only withdrawn part of it or have NW offset the amount against your overdraft? We have literally just received a cheque - exactly the same with the account number specified and we cannot afford to lose any of the money back against our overdraft so not sure if we should bank it or ask for a replacement that doesn't specify an account number...

OK, here's the link then in case anyone is interested... http://www.consumeractiongroup.co.uk/forum/natwest-bank/15110-give-up-no-chance-2.html#post271046 Not sure if I'm going to Mercantile or not but looks quite likely judging by the order I've just received (see link) - we'll find out 20th Nov.! (will be watching mercantile forum with interest - Good luck everyone!)

Thank you Zoot - will draft a letter asap and prepare myself. I'll hang around with the thread for now rather than asking to be transferred to the Mercantile forum but will keep an eye on it.

OK so I have the paperwork here now - Cobbetts sent me a copy of their allocation questionnaire on 14th Sept. with a covering letter stating 'we...enclose a copy of our client's Allocation Questionnaire which has today been filed at court' however it was not filed at court until after the 17th at the earliest and the 26th at the latest (due to an extension of the dealine which the court gave them as a result of them not filing it before the 17th). Unless they actually filed an amended version, they have agreed that small claims is the most suitable track. Everything here appears to be in order although they have left the questions about an expert blank. I have a General Form of Judgement or Order dated 26th Sept. which states - 'Upon the filing of Allocation Questionnaires IT IS ORDERED THAT Fix for allocation / directions hearing with a time estimate of 30 minutes. REASON Claim and Defence are of a type and are in the form I have seen several times in recent months - a sufficient number to raise the question whether any 'co-ordinated' case management is being contemplated e.g. test case trial. I appeal process - the experience of credit live litigation comes to mind to the extent that this or any particular case may be authority for others. Small claims track is not obviously the appropriate track.' Please note that I have typed in the above exactly as I see it on the order, for example the section 'I appeal process' is written like that on the order - possibly a mistype by the court or a section missing here? Attached to the order is a letter which tells me when the hearing is to take place etc. (20th Nov. so some way off) and at the bottom it says - 'Please Note: This case may be released to another Judge, possibly at a different court' What do people make of this? Mercantile or Fast track? Has anyone else received anything like this before? - really confused and could do with some advice about what to expect next and how I should react - help!!!

Zoot - thank you, the thread you have pointed me to looks useful although I'm still concerned about the mercantile court given that on the order we've just received from the judge re. the allocation hearing he states something about considering a test case trial and talks about how he has seen a number of these cases in recent months...I reckon this is the judges decision, not Natwest... Anyhow, I will bring paperwork with me to work tomorrow night and copy out the details on here - I had been expecting to find more instances of other people in this situation and therefore didn't think I needed the paperwork with me tonight...oops!

I have a copy of the allocation questionnaire forwarded from Cobbetts solicitors prior to the first deadline they were given for it but I'm pretty certain (not completely 100% as I don't have it here) that they asked for small claims too. However it is of course possible that they amended this prior to sending it to the court in time for the extended deadline they were given - am I able to check this with the court or am I not allowed to see the AQ they have submitted unless they show it to me?

Don't know how to set up a link - sorry! But my thread is 'Give up? No chance!' in the Natwest section - it is under £5,000 so I was expecting it to go on small claims track and the judgement talks about considering a test trial case or something along those lines (sorry I'm at work and don't have the paperwork handy) - what's the difference between fast track and small claims?

Sorry to butt in...but has anyone who has been transferred to the mercantile court had to attend an allocation hearing first? I have started a claim against Natwest and after we have both returned the allocation questionnaire the judge has said the case is unsuitable for small claims and set a date (20th Nov - ages away) for an allocation hearing - can't find anything anywhere on this and don't know what I need to do next...am I going to the mercantile court too?

OK - it's all happening now and I'm getting really nervous - Firstly, Cobbetts didn't return their allocation questionnaire on time and were given a further 7 days. During this period they sent us an offer for £1,500 (about half of the full amount) which we have ignored. They got their allocation questionnaire in at the last minute before the 2nd deadline but now we have received a judgement from the court to say that the case is unsuitable for the small claims track and we have been given a date of 20th Nov for an allocation hearing - does this mean we're going to the mercantile court? The allocation hearing is set for 30 minutes which is the longest hearing I've ever had to deal with - what should we be doing next? - can't find anything of use in the Patricia Pearl small claims book - help!!

Thank you Michael Browne - letter to Cobbetts and AQ went in post on Wednesday, both included schedule of charges etc. This morning I have received another letter from Cobbetts - 'We note your comments on our Request for Further Information. It is our client's contention that your Particulars of Claim did not properly particularise your claim. For example, our client cannot properly defend a claim where you have not given 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 was clearly the case that our client could not respond to your claim where you did not provide sufficient particulars. Our client therefore objects to your allegation that the Request is intimidating.' I have supplied them with the schdule of charges including all acount details - name, number, sort code etc. I used the template POC as you provided and it all looks clear to me. I am aware that others have received a letter like the one I had this morning however not sure about whether they used the same sort of template which I used and whether they have supplied their schedule. Presumably I have actually done all I can to 'particularise' my claim - should I just send a letter back saying I believe I have done so and include another schedule? Should I send a copy of their letter to the court to demonstrate that they are intending to intimidate me? - not really sure what else I could provide them with to be honest...

I've got this letter but is that all I need - do I not need to respond to the specific points made in their defence? (Sorry if this seems a stupid question but don't want to mess it up now I've got this far) Thank you!

Help!!!! - Running out of time! Have received defence from Cobbetts and Part 18 request on 25th August, also received allocation questionnaire from the court on 29th August and I have until Sunday (!) to return in to the court with the relevant fee. I've been unexpectedly very busy with something else very important and have been unable to turn my attention to this until now. I understand how to complete the allocation questionnaire, that seems quite simple. I also understand that I do not have to reply to the CPR part 18 request and have found other peoples letters in response to this on the forum but I don't understand if I need to do anything re. the defense other than acknowledge it. I have lost my internet connection when I moved house and have managed to access this for a very short time. I've been searching the forum as fast as I can but can't find a clear answer to my question - PLEASE someone help quick! I am hoping I can get back on the internet for a short time tomorrow but I am unable to get a connection for very long so I'm hoping someone can answer this one clearly in time. I know there's probably an answer somewhere on here already but can't find it in such a short time period. Have found the rbrears thread but it is referring to an amended particulars of claim - not sure if I need to do this or not and if so whether I have to make another application to the court and pay a fee or whether I just send a letter like the rbrears one to Cobbetts and the court. In case anyone needs to know in order to answer my query - I applied via MCOL using the above advice and the defence I have received appears to be the stock defence they send to everyone (9 points in total ending 'Save as hereinbefore appears the Defendant joins issue with the Claimant on his claim(s) and denies that it is liable to the Claimant as alleged or at all.'). No time to type it all out here - will hopefully log on again tomorrow to find some help! Thank you!

Thank you Michael Browne! - just the answer I was looking for! I had most of it from the FAQ's but your version helped me fit it within the word limit. The answer re. calculating the daily rate was as I'd suspected but I felt uncertain enough to not want to complete the claim form until I was sure. As you answered so promptly I have now been able to submit the claim online and I now await the next step with anticipation...***watch this space!***

Have I made a mistake? (Sorry to post another query so soon after the last but...) I have read on another thread that the reason you should initially go for a subject access request is to stop the bank attempting to claim that there was a manual intervention when you were charged which caused the cost of each charge to be greater than the cost if the charges were applied automatically. I did not initially make a SAR as I had enough past statements to calculate the charges and interest - should I have done so anyway? I'd like to clarify this before submitting the Moneyclaim in case I've made an error - can anyone help?