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to be on the safe side we'll also tell them that we won't send the NoD until after the cheque has cleared and been withdrawn in full, then we can put it in another account for peace of mind.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Just a quickie - have you been able to withdraw the full value of your cheque now that it has cleared or have you only withdrawn part of it or have NW offset the amount against your overdraft?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?

OK, 14 days is up re. charges against my partners account and I am completing the Moneyclaim online form. re. the 8% interest - the statement which the site advises I use about this is: 'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from (date) of (amount) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.' How do I calculate the daily rate? I have read all around the forum but can't find anything specifically on this point. Do I calculate 8% of the total amount outstanding today including the 8% which has already accrued? Or do I not include the 8% which has already accrued? Presumably when it refers to the daily rate I am supposed to enter a figure in pounds and pence rather than a percentage? Help!! I'm really confused and I need to finish this quick as I have a job interview this week and I'm moving house so I've got so much to do that I'm a bit all over the place!

Someone please reply! - what action should I take next? - thank you!

Hi, V. quick update - sent the LBA detailing charges and interest dating back since the account opened (approx. £2000!!!) - received a reply from Stuart Higley today (who else?!) which appears to be the standard template response and withdraws their original offer of £132. I'm guessing as they have now replied to the LBA that we don't have to wait until the 14 days is up to issue our application to the court? - or should we wait just in case to show that we're being reasonable? Also, prelim. sent for my NW account asking for charges taken so far (only £76) and suggesting politely that any charges due to be debited over the next month are not taken. Received a response today offering £104 in full and final settlement. I have to check that this covers the £76 plus charges which haven't yet been debited but which are due (I think it does), in which case I am happy to agree to this settlerment but I am a little concerned about the wording on their acceptance note - it says: 'I accept the sum of £104 as full and final settlement of all claims I have relating to charges' and there is then a space for me to sign and date. What bothers me is whether this would then mean that I cannot claim for any other charges that they may take in the longer term future. Also, as this is all that is written on the page, it does not specify the account to which the acceptance note refers. Although I only have one account with NW and do not intend to open another, of course I cannot predict the future and if I did open another account I would not want them to be able to use this acceptance note in relation to it. I would therefore like to type out my own aceptance note, adding the account number and adding some additional wording on the end of theirs stating: 'against my account to date' I assume there's nothing wrong with doing that but just wanting to check...anyone? (also, of course, if there is anything else I should be concerned about before signing my name on the dotted line please let me know - thank you!)

Thank you, thank you, thank you! - both to Hagenuk and Ecobabe - you have both made me feel much better. It makes such a difference just to have a bit of support and not feel alone anymore. I send everything recorded delivery anyway when it comes to matters like this and always keep copies - I would like to send the CCA request asap - as it seems the solicitors are now dealing with this should I write to them or to HFC? (who have written to me previously). I would prefer to write to HFC as it sounds like they're not likely to be too prompt (judging by their lack of response to Ecobabe) whereas the solicitors may be far quicker to respond, however I don't want to stuff this up if it turns out that the matter is now out of their hands - what do you think? N.B. Letter is prepared (combining CCA request and DPA request), just need to decide where it's going! - won't be able to check this site again until Monday so thank you in advance for any replies as they are very much appreciated and please don't think I'm ignoring them!

The offer they have made is for £614 - I think that this does not include penalty charges but as I had made significant payments and then bought more goods, then made payments again etc. etc. for some time it is hard to tell. I would love to pay off this debt and rid myself of it however this is simply not possible at the moment, in fact I barely have enough money to pay for food let alone anything else (really cannot afford £10 for SAR either). They are well aware of this as I have already informed them and have told them that I will pay as much as possible as soon as possible, however I have to wait to hear about whether I have been successful with job applications. If I have then I would then still have to wait until pay day which presumably wouldn't be until about a month after starting a new job. I also have other debts which are of a higher priority according to CAB. Their letter states that their offer expired on the 29th June and also requested full settlement without any indication that they may accept a payment arrangement. Clearly I can't be made to pay anything which I physically don't have but of course it would simply compound the issue if they took me to court and I had to pay their costs. Also, I don't want to end up with a CCJ or anything - I am not refusing to pay, I simply can't do so right now. All I would like really is some extra time but they have completely ignored my letters which explain my situation and ask for more time (which were written with help from the CAB) so I was thinking that requesting a copy of the CCA may delay things a little if nothing else, and buy me enough time to be able to know if I have succeeded with a job application or not - anything that would stop them taking me to court in the immediate future would be advantageous as my current financial predicament is temporary and almost any full time job would pay enough for me to make reasonable offers to my creditors as I do not have an insurmountable mountain of debt - it's just too much to pay when I have no income at all! The stress of the situation is also making it harder to deal with and I could just do with some 'breathing space' to get myself sorted. I am not eligible for benefits as I am still registered as a student despite the fact that my course is over and my student funding ceased some time ago. I worked full time throughout the vast majority of my five years of full time study (despite spending two years travelling 3 hours a day every day to study) but was forced to quit my job for the last part of my studies as although my employer was extremely flexible, they could not longer arrange my working hours around the availability of facilities at the University. The alternative would have been to quit the course and waste years of very very hard work whilst also wasting the opportunities that my degree will hopefully give me (I have achieved a 1st class honours) and also wasting the funding that I have been given by the government to cover the cost of the course. Clearly this would have been counterproductive, not just for myself but also a waste of public funds. In addition to this, I could not possibly have foreseen the troubles that my partner experienced financially towards the end of my course - had he not experienced these problems then quitting my job would have never been an issue. He is now embroiled in taking legal action to recover a large amount of money he has lost through having unwittingly dealt with a freeholder for his property who has deliberately attempted to con him...sorry, this is another story however I feel strongly that I wish to illustrate that I have not behaved irresponsibly and that my current circumstances have come about through a variety of external causes which I could not possibly have foreseen. As this is the case, and as I have correspondended with Argos on the matter and explained everything to them clearly, I see no reason why they should choose to ignore my correspondence (sent by recorded delivery) and why they cannot simply hold my account for a short period of time - clearly using their solicitors is costing them money - what a waste! Prior to these difficulties I very rarely paid late (it happened occasionaly simply because I was so so busy) and I only ever exceeded my credit limit when they applied charges to my account - I don't believe that my history is negative enough to warrant the kind of action which they seem to be taking! - This is making me angry as it seems that being honest with them has simply meant that they have taken action even quicker - they know that I am entirely unable to pay in full so why have they made an offer to me knowing that it is physically impossible for me to accept? (Sorry for the long rant again...it's a good thing I'm typing else I'd have lost my voice already! ) I assume, hagenuk, that you are therefore suggesting that I go for option a) that I detailed in my previous post? As I cannot afford the SAR anyway, and as they have knocked off a fair bit, this is looking to me like the best option (not that I think they'll respond if their previous silence after I have written to them is anything to go by). If I request the CCA will this mean that they have to provide it before issuing court proceedings? Just because I request it, regardless of whether or not they can provide it, this does not mean I will not pay what is owing - as I say, I just need to delay their action until I can respond with a payment and an offer which I know I can afford and stick to.

Hi there, I have a debt to Empire Stores (owned by Redcat) for £617.33. Firstly, I am absolutely certain that I never signed a credit agreement and from reading other threads I believe this makes the debt unenforceable - can anyone confirm this? Secondly, I have just received an 'Urgent Final Demand' before court action from 'Debt Managers Ltd.' but they seem to have changed my name!!! - Apparently I am now called Kirsty, no similarity whatsoever to my real name - how does this affect the situation? Should I tell them they've got it wrong or not? Hope someone has some knowledge about this sort of thing - any advice?

Thank you for your speedy response. However, it seems the situation has changed since my last post - I've been going through my paperwork, and as the most recent letter I could find was some time ago I therefore wondered if there was anything I hadn't received so I knocked on the door of the flat upstairs (our post is delivered to a communal area) and asked if they happened to have picked up any of my post (this has happened before as such a huge amount comes through the door due to old occupants not changing their address with companies they deal with). Anyway, it turns out that they had and simply hadn't had a chance to pass it on to me as I was away for a couple of weeks and then they went away and only returned yesterday. Anyway, the letter they picked up is dated 23rd June and is from solicitors Buchanan Clark and Wells. It offers me a full and final settlement on the debt and they appear to have deducted the charges applied to my account and offered me a reduced amount to repay!!! At least it appears that way judging by the figures I have calculated that I have been charged since having the account. Unfortunately this was on the proviso that I paid in full by 29/06/06 which of course I haven't and indeed would have been unable to do even if upstairs had not picked up the letter. The question of course is how to proceed now that this has come to light. As far as I can tell I think I have two options - a) Respond to their letter stating that I would be happy to accept the reduced amount to repay (possibly mentioning that I am aware that the charges were unenforceable anyway) but explain that I have only just received the letter and that also I am unable to pay in one lump sum - try to negotiate a payment arrangement. b) Go ahead with the request for a copy of the original credit agreement (which they may well have as I do have the original t&c's they sent me although it has no space for a signature and I believe I did sign something at some point - NB I kept my paperwork v. well back then so I know they never gave me a copy of the agreement with signatures on even if there was one) in the hope that they can't provide it and that the whole debt becomes unenforceable. Not sure how I feel about this one, on the one hand I am an honest person and I do owe Argos money, but on the other hand they did sell me some expensive goods which I was unhappy with and at the time they refused to take it all back unless it was still packed up (which it wasn't and of course I could not have known what the goods were like without opening them!). The only thing they offered me back then was a £20.00 voucher (I had spent £750!!) which I did not receive and when I chased it they said they had no record that I'd been offered it and refused to make the offer again. So basically, given the way they treated me then maybe I wouldn't feel so bad about trying to worm my way out of the whole debt!! What do you think? - Anyone? Obviously I need to act quick being that their recent offer for full and final settlement has now actually expired...

Hi, I am thinking of trying to recover charges from Argos but cannot find any threads on the forum for people who are in a similar situation as me with them. Unfortunately I have not been able to pay my Argos card for some time (won't go into the whys etc. as it's a very long story but suffice to say, unexpected circumstances and so on and I would certainly pay it off and rid myself of them if I could). The credit limit was £750, however I think it's likely after charges and so forth that it's way over. Anyway, as I've not been able to pay, they threatened me with legal action. I'm not sure what stage they're at with that at the moment, although I'm going to attack the mountain of paperwork to try and work it out. Unfortunately, although this is obviously very important I've had some far more pressing issues to deal with in my life in recent times and have lost track of loads of things re. finances. So anyway, given that my account has likely been passed to their solicitors or legal department, and that legal action may have already been taken against me, where does this leave me in terms of trying to claim back charges? I'm scared that they may be ahead of me with the legal action and also, although I may find myself in a position in the next few months to make decent repayments to them, obviously I've not got as leg to stand on re. the fact that I do owe them money and haven't / can't pay. I know from reading other threads that they will of course respond by pointing this out - someone please help!!! I'm trying so hard to deal with my debts sensibly but each one takes so long to look at and meanwhile someone else may be taking me to court etc. - I'm struggling to juggle it all whilst of course also trying to bring some income into my household (the longer I spend dealing with these things the less I'm earnning - aaahhh!) - have been taking advice re. debts from CAB and National Debtline etc. but it is still all quite time consuming...and it doesn't help when companies ignore my correspondence or 'lose' it etc. - is it just me or does this occur more and more often as a person gets further into debt?...funny how when I had money I used to get prompt responses to my communications.... Hope there's someone who can advise here - thank you! P.S. My debts aren't that big compared to many others struggling with debts but my income is far lower than it used to be and relative to that they're somewhat large! - charges are of course compounding the issue left, right and centre. My income is likely to rise over the next few months (I hope!) and should be more consistent and predictable that it has been but still won't be massive - not much work in my field of expertise in this area of the country and can't afford the costs associated with moving elsewhere...having to do more menial work for peanuts despite my qualifications etc. - vicious circle - only way out is to clear debts but this is physically impossible with so many charges...phew! (apologies for rant - I'm sure this stress exacerbates my verboseness...)

Hi, I'm just about to start looking at my Argo Card charges - just wanted to ask, what does 'subject to commercial confidentiality' mean? Does it mean if you agree that you can't tell anyone about it or something like that? Sorry to show my ignorance...just want to ensure I understand correctly if I end up in the same boat, Cheers! (and well done Stonelaughter!)

Just written my second letter too (also to be posted tomorrow), still missing a few bank statements but total now comes to over £2000 - I was worried when I read the threads about filling in the response forms etc. too, but there's some advice on that stuff in the section of this site with the templates and so on. Also, lots of people for us to refer to! (I'm just trying to take it one step at a time whilst also being ready for the next step if you see what I mean) Re. them possibly closing your account - set another one up as a backup just in case. Natwest and other banks do what they call basic accounts where you can't have an overdraft etc. and unless you've gone bankrupt or something really awful like that they have to accept your application. If you've got an overdraft at the moment and then they close your account then you could always pay it off when you receive your money back. Alternatively, you could just open an ordinary account elsewhere and apply for an overdraft on your application. I guess it would be best to do that now and be prepared! (although I think it's quite rare for them to actually close your account from what I've read) If it makes you feel any better, from reading these threads Natwest use Cobbetts solicitors - I dealt with them last year over repossession of a property and despite the fact that the person whose mortgage it was hadn't paid a penny for nearly two years, and despite my lack of knowledge and experience with these things, we came out on top. Not only that but the judge had a few choice words to say to Cobbetts representative in court and they didn't seem at all prepared...so here's hoping our second encounter will be just as satisfying... Good luck with your letter!