I've had the same thing - started a second claim after winning my first one to get back charges incurred after my initial claim had started. Got the same letter as Andy - from the infamous Mr Higley - telling me the same sort of stuff, i.e. if I wanted to continue the claim maybe I should take my business elsewhere, which I have. Sent them a letter saying that I did not disagree with the fact that a charge structure is there, but what I (and everyone else is complaining about) is the amount of the charges. That went down like a lead balloon!! Am now getting the delaying tactics again, like wanting my charge schedule even though they should already have it. Off to court we go...

THE WINNER TAKES IT ALL.......... Received a letter from Cobbetts two days ago offering full and unconditional settlement of my claim - with a cheque attached! The money is now in my account waiting to be cleared so i can start to pay some of these vultures off. For those of you who aren't as far down the line - there is a nice shining light at the end of the tunnel. Keep the faith, and you will get back what is rightfully yours. Roger

I wouldn't get too worked up over it. I'm at the same stage as you, I got the same from my local court last week (my case is being heard on the 13th December). The only surprising thing is that you're having to wait that long, but obviously your court is being swamped. It's highly likely that they will wait until the last possible moment before coughing up just to annoy you. The plus side of this is that the longer they hold out, the more interest you're earning on the charges! I had an off the record chat with someone at my local court when I was making an enquiry, and they were hoping someone would go to court so that our win would go on the record books and the banks wouldn't keep doing all this stalling (they are getting really fed up preparing all these cases for nothing). You can check my thread just after the 13th when mine is resolved - Roger Spencer vs NatWest Bank (not sure how to do it as a link!) Keep smiling:-) Roger

Received my case allocation from the court on friday - due to be heard on the 13th December, if it gets that far..... All my money back just before christmas - that's the best present I can get. HO HO HO. Would be interesting to see if any else's hearing is due that day - if we all went to court it would be funny to see how many lawyers Cobbetts would have out of the office and in various parts of the country. Keep smiling:-) Roger

Once again, thanks for the letter Tracy. Have slightly added to it, so it looks like this: Your Client: National Westminster Bank plc Claim No: ********* I acknowledge receipt of and refer to your letter dated ** ******* 2006. I note the comments made in the opening paragraph of your letter, stating that your client is of the belief that my action will fail in Court. I am of the considered opinion that I will be successful in my claim against your client, taking note of the fact that this is one of a number of similar claims against your client which have either been resolved or are presently ongoing. It is also noticeable that the resolved actions have been settled to the Claimant’s satisfaction before the date in which a Court hearing is due to be heard, which would suggest that your Client is maybe far less confident of winning one of these actions than is stated by yourselves, and therefore makes the decision to settle the claim prior to the hearing date. I respectfully decline your offer of £***** and request, once again, that you return to me all charges imposed to me on this account, interest and court fees, now totaling £*******. I will accept the sum offered only as part settlement and only on the clear understanding that I will pursue recovery of the remainder. I would be willing to withdraw the claim upon receipt of full unconditional settlement of my claim. I trust this clarifies my position in this matter. Yours faithfully ==================================================== May have gone for it a bit with the opening paragraph, but what the hell. See how they like it for a change!

Thanks Tracy - looks great to me. Will send that off straightaway. May put a contact telephone number on there - if they call me tomorrow assuming the letter arrives by then (might send it special delivery to be sure) they might give me my dosh back. Now that would be a birthday present I would like!!!! Hope the so and so's pay us both up really quick. Then I can start up a second claim for what they've charged since i started this one - the toerags did me for sixty quid in one go last week! Then we'll be the ones who are laughing Roger

Have just received a letter from Cobbetts with an initial offer..... ========================================================== Dear Sir Our client: National Westminster Bank Plc Claim Number: ********* We refer to the above matter. 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 withy it and its published tariff, which it is satisfied complies with all applicable laws and regulations. Our clent is also committed to ensuring the transparency of the information 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 £****. 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 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 Friday, 20 October 2006. we look forward to hearing from you. Yours faithfully, etc. ========================================================== Obviously I'm only going to accept this as a partial settlement. Does anyone know if there is a standard type letter people have sent back in response? I definitely disagree with point 1, regarding the disclosure. I was thinking of sending a letter back with an updated charge sheet, which shows the present amount owed (including the 8% interest), and which I can add the court fees incurred to produce a overall total, and then deducting the amount they have offered to show the amount which I will still be persuing the claim for. I'm also going to refute their opinion that i won't win. Any opinions will be much appreciated. Roger

Great to see you've won - should pay for your air fare to canada! I'm not far behind - waiting for some sort of an offer now my a/q is in... Roger

You should get your a/q fairly quick - if you're not sure what to fill check the FAQ secition (i think that's where I got it from) and it will give you a step by step guide to filling it in, which i found very useful. Definitely send a copy back to Cobbetts, (you know what they're like so send them one now and they can't bleat about it or use it as another delaying tactic) and I thought it could be useful when I sent my a/q to the court to attach a copy of my charge schedule as well. Doesn't do any harm if you do.... I'm a little bit further on than you ( check my thread Roger Spencer v Natwest Bank for details) so hopefully I'll get what's owing to me soon and you won't be far behind! Good luck Roger

Cheers Michael. I shall hold fire as you suggest, but if I haven't heard from them before the end of the week I might send them what you posted - it might gee them up a bit and sort my claim out quicker! Roger

The following was sent to me by Cobbetts - crossed in the post with the a/q I sent to them on the 21st. I'm sure I've seen something similar to this on another thread but can't remember which one, so just need some advice on whether to ignore it as they and the courts have my a/q, or to send them a letter with a similar CPR Part 18 request asking them to give me a complete breakdown of each individual charge applied to my account. "Dear Sir Our Client: National Wetminster Bank plc Claim No: 6QZ50793 We refer to your letter dated 7 september 2006. 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. Yours faithfully, Cobbetts LLP" I'm sure that this is just another delaying tactic, but any advice would be greatly appreciated. Roger

Have just sent my AQ to the Court, with a copy to Cobbetts. This is the letter that went with it (have taken out any reference to my address details though!) Dear Sir / Madam Re: Claim Nº 6QZ50793 Please find enclosed the completed Allocation Questionnaire, along with a cheque for the sum of £100 to cover the Court fee which is required by yourselves. The questionnaire, in accordance with your instructions, is due for filing by the 23rd of this month at the latest. I have also enclosed for your information in respect of this case two schedules; the first of these, marked “Charge Schedule 1”, was sent to the defendant when my claim was initiated. The second, which is marked “Charge Schedule 2” was sent to the defendant’s solicitor, Cobbetts, on 7th September 2006, in respect of their request stated in their previous correspondence to myself. I was also asked to provide a breakdown of why each charge was deemed to be unfair, courtesy of a CPR Part 18 request, which I have since found is not necessary under the terms of a Small Claim, unless requested specifically by the Judge presiding over this case, and to which I declined. I felt that this request by the Defendant’s solicitor was intimidatory towards myself and unjustified in it’s nature, and I would like to make the Court aware of this, as I feel that it may be of little or no relevance when the case is heard. I am also of the view that this was purely designed as a means of attempting to force me to drop the action which I have taken (and is a tactic employed by the Defendant’s solicitor in numerous other actions which are taken against them of a similar nature). I shall be forwarding a copy of the completed Allocation Questionnaire and this letter to the Defendant’s solicitors for their records. Yours faithfully, Roger Spencer cc. Cobbetts ref: LCB/JR Maybe now I might get a letter from them offering me some of my cash back.....

Hi Isobel, I'm about at the same stage as you. I sent off a letter to Cobbetts saying that I didn't have to comply with the CPR request, and just attached my original spreadsheet and an updated version with the extra interest added since the claim started. Have got to get my AQ in by Saturday (left it until the end to see if I got anything back from them beforehand - but the silence is deafening. (Knowing how much lawyers charge, and the amount of claims they must be dealing with, Natwest must be paying them a small fortune. You'd think it would be easier for them to settle up straight away and save us all this aggro!) Hopefully we won't have to wait much longer to get our cash - and i can then start another claim for the charges they have done me for since I put the first claim in!! Roger:)

Not sure how the charges work out - but as long as you fill in the spreadsheet it works it all out for you. Just remember that when you fill in the amount for your first letter (which I'm just doing) that you put in the amount for charges only, and not the total when the interest is added. You'll notice that if you save the spreadsheet, and then re-open it a couple of days later, the interest amount should change, i.e the figure inclusive of the interest will be higher than when you sent the letter. This way, when they come to settle up, you just need to check the sheet that day and it will have the correct figure, with the right amount of interest. I'm also doing Natwest at the mo (more to follow), and since I put my request in initially the interest alone has gone up by about 40 quid (obviously this depends on the amount you want back!). I'm claiming against Amex for £735 (remember to include your tenner if you sent off a DPA request), and the interest adds up to another £144.63, for now!! I'm sending mine off to Dept 333 at "Amex Towers" so hopefully should get a response soon. Good luck in your claim - let's 'ave 'em!!!! We will have the last laugh:lol: Roger

A quick question - since I've started my claim my account has been done for yet more charges. As I am now in dialogue with Cobbetts, should I make them aware of these extra charges and put it in as a secondary claim (as it will end up going to them anyway?)

Glad we don't have to post a response - had a bit more time to check other threads such as yours and (think) they have answered the queries listed in my thread (Roger Spencer vs NatWest Bank) so it looks like I can go on with my claim - which will be over four grand with the interest. Thanks and good luck with your claim (Just as a side thing - I work for a law firm and I had a letter from Cobbetts this morning for one of our partners. I am surprised they have the time to do any other work! My letter was from a Lynsey Jane Burgoyne, who i imagine is one of the minions there. Let's make her work for her money!!!)

Now things are picking up. Cobbetts have replied (within a week or so) of receiving the served document. Law firms never usually act that quickly (I should know, I work for one!) As well as entering a defence, they have also asked for further info - persuant to CPR Part 18. Have seen on another thread that as it is a small claim, i can ignore that. Is this true? They want me to provide account details and a list of charges. They should have already had them, but there is problem sending that. For each charge they want me to 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? c) 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. They then quote from the original letter we all send which states the charges are "unenforceable by virtue of the Unfair Terms in Consumer Regulations" etc. Further to this, they wish that I "specify all of the facts relied on by the Claimant in support of the contentions above, and in particular please identify the relevant sections of UCTA/the Regulations and the relevant common law, and then please identify the contractual provision(s) that the Claimant alleges are invalid by reference to the UCTA/Regulations". I know these are delaying tactics with the usual legal mumbo-jumbo designed to confuse, but I've seen enough of this through my work down the years to know it's almost par for the course, and as such doesn't faze me in the slightest!! Do i need to actually answer any of this or do I just resend the claim spreadsheet on its own? I have until the 15th to send this back to them (in accordance, so they say, with CPR part 18) In addition, this morning I have received an AQ from my local court (as the matter has been transferred) which i have to file by the 23rd. Not sure whether to fill this in or wait for a reply from Cobbetts (as the bank are still hitting me with charges I'll have to borrow the money for the additional £100 court fee, which I'd prefer to avoid having to do unless necessary). Any help will be greatly appreciated - I've gone too far down the road to stop now!! Thanks Roger

Thanks Isobel for your help. Can now get on with the job!! Wish you every success in your claim too.

Need help - just got my claim form sent back to me by Northampton County Court. Put my branch address down as the defendant's address as both this and the Chatham address that I received my "bog off" reply from didn't register on the Moneyclaim site. The sooner I can send this back, the sooner i can get my dosh. And then i can donate and keep this site going for others to make use of!!!

Have now sent off my request via moneyclaim, and have received a nice brown envelope informing me that my claim would be served by the 6th, and the 14 days +28 start from then. Am expecting to receive my stalling letter from NatWest sometime next week. Once I've got my money back from them can start on the credit cards. I'll have to send the data protection request (to 5 of them) to see exactly how much theyve stung me for. Can't wait to get my dosh, so then I can make a donation to keep this site going. To quote the advert - the info on here is "priceless"

Have been really reassured reading everyone's threads - is a massive help and saves loads of time when you're stuck. I was charged £6 (i think) rather than a tenner for my statements - all I did was went into my local branch and asked them to send the statements to me at that branch. Got them within a fortnight, so it will help you to get started quicker...might have been a week but they sent them to the wrong branch. Still, isn't that why they charge us so much?? I've sent my initial letter and list of charges (whoever did that spreadsheet deserves a medal), and on the 14th day, surprise, got a letter from an Alison Tovey, a member of the laughably named "Customer Care Team" at the Customer Service Centre in Chatham. Yeah right. Was the usual spiel saying our charges are fair, blah, blah. Just been assessed another charge, even though I had called them telling them not to, and the woman at their end saying OK. Just spoke to a bloke who refused to refund the cash. When I told him i would get it back anyway, his whole tone changed, and eventually he got sarcastic and slammed the phone down. Makes me even more determined to get my money back. Just about to go onto Moneyclaim and continue the good fight. Good luck to everyone else, we're all in this together, and i will keep you posted on how I get on Roger MOD NOTE: I UNDERSTAND THE SENTIMENTS BUT HAD TO CHANGE THREAD NAME