Took six months to obtain statements and data records so issued N1 based on Bong's POC v HSBC. Based my claim on charges showm on mixture of my data records and statements. Have now received the following defence from Cobbetts :- 1. The Claimant is time-barred from bringing a claim on unauthorised bank charges prior to 29th June 2001 by the provisions of section 5 of the Limitation Act 1980. The whole of the charges detailed on the Claimant's schedule are therefore time barred, together with the Claimant's claim for interest on those charges by reason of the provisions of the Limitation Act 1980 and/or the doctrine of laches. The Particulars of Claim therefore fail to allege(whether expressly or impliedly) any cause of action or any facts capaable of supporting a cause of action and by reason of the same, disclosure no reasonable grounds for bringing the claim within the meaning of CPR 3.4(2) (a). 2. In the premises, the court is invited to excercise its case management power under CPR 3.2 (2) to strike out the Particulars of Claim in their entirety and dismiss the claim or give such other case management directions as are considered appropriate. 3. If and to the extent that the Court declines to strike out the Particulars of Claim of its owm motion, the Defendant reserves the right to apply to strike out the same and/or for summary judgment. 4. The following Defence is entered strictly without prejudice to the foregoing contentions. 5. No admissions are made as to what charges have been debited to the Claimants bank account. 6. The Defendant denies that s.32 (1) (b) of the Limitation Act 1980 applies to the Claimants case. 7. With reference to paragraph 10, in order for the Claimant to invoke section 32 (1) © of the Limitation Act 1980, his claim must be 'for refief from the consequences of a mistake' This provision only applies where the mistake is an essential ingredient of the cause of the action. Moreover, it is implicit in section 32 (1) © that the mistake must be that of the Claimant rather than the Defendant. Insofar as the Claimant requests the postponement of the limitation period by reference to a mistake on the part of the Defendant, such a submission fundamentally misunderstands section 32(1) © 8. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unsnforceable by virtue of the Unfair Contract Terms Act 1977 (''UCTA 1977'') and/or the common law, the claimant is required to identify: 8.1 (a) the section(s) of the Unfair Contract Terms Act 1977 (''UCTA 1977 and (b) the principals of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable: and 8.2 the contractual provision(s) that the Claimant alleges are invalid by reference to UCTA 1977. Until such time as these sections/provisions are identified the Defendant cannot please to the allegation referred to in paragraph 8 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information. 9. In relation to the case of the Claimant that ther charges are unreasonable within the meaning of sction 15 of the Supply of Goods and Services Act 1982 ('' SGSA'') the Defendant pleads as follows: 9.1. The Claimant is required to plead and prove the necessary factors (referred to in section 15 SGSA) concerning the contract between the Claimant and the Defendant which mean that pursuant to SGSA section 15 there is an implied term that the Claimant pay a reasonable charge for the service under the contract. 9.2. Further the Claimant is required to plead and prove (a) that the bank charges which have been debited are unreasonable: (b) all facts and matters relied upon by the Claimant in support of this case and © what charges would have been reasonable. 9.3. In the circumstances no grounds are disclosed for a claim that the Defendant has acted in breach of SGSA section 15. 9.4. In the circumstances (save as appears below) the Defendant is unable to plead to this allegation beyond denying that it has acted in breach of SGSA section 15 as alleged or at all. The Defendant reserves its right to plead further to this allegation once (and if) the defects in the pleaded case referred to in paragraphs 9.1-9.3 above are addressed. 9.5 It is the case of the Defendant that the contract between the Claimant and the Defendant does not fall within SGSA section 15 because (a) the consideration for the service would be determined by the contract between the Claimant and the Defendant and (b) was not left to be determined in a manner agreed by the contract or determined by the course of dealings between the Claimant and the Defendant. 10. The Claimants claim for costs not being sufficiently particularised, the Defendant is unable to plead and reserves the right to plead upon further particulars. 11. Save as hereinbefore appears the Defendant joins issue with the Claimant on the claim(s) and denies that it is liable to the Claimant as alleged or at all. By reason of foregoing facts and matters, it is the Defendants case that the claim is misguided and if it is allowed to proceed as presently constituted or at all, the Defendant will submit that : 12.1 the Claimant is by service of this Defence put on notice of the same and 12.2 for the Claimant to persue a claim which (to its knowledge) has no legal basis and no prospect of success whatsover constitutes unresonable behaviour within the meaning of CPR 27.14 (2) (d) and in the event that the claim is allocated to the small claims track, the Defendant reserves the right to make such application for costs against the Claimant on the foregoing basis as it considers appropraite. Satement of Truth Any comments on this defence would be appreciated. Do i now wait for Court directions and AQ?

To get my statements for 1995-2000 I contacted Joyce Tudor or Michelle Krugh on tel : 0131-626-1165 of fax : 0131-626-3049. If NatWest do not release statements and/or data records then your only option is legal action ! You could also try The Information Commisioners Office in Wilmslow however from my experience NatWest also ignore these people.

NatWest will be able to access your statements for 1995-2001 however NatWest providing the statements is another matter ! As i say your left with court action for the release of the statements !

Roboraver I think you have answered your own question. NatWest or any bank don't want to pay out so why should they send out statements knowing full well a claim will follow.? They know the only recourse we have to obtain our statements is via the Courts ! You can forget the toothless operation which is only 5 miles down the road from me in Wilmslow.

Roboraver - I would be very careful when estimating fees ! Part of my claim for 1992-1995 is based on my data records and not statements. I suspect that Cobblers will defend under the Limitations Act.

Hi Hedgey It took me 10 letters and many many phone calls to get my statements ! I did refer NatWest to instructions on how to obtain the statements as shown by 'Nettie' earlier this year. NatWest have told me they cannot obtain my missing statements for 1992-1995! Have issued proceedings against NatWest for fees from 1992 -2000 and have based fees for period 1992-1995 on my data records. No doubt i will be starting my own thread when Cobblers defend !

Took me 6 months to get my statements from NatWest for 1995-2000 ! also obtained my data records back to 1992.

15 letters and many telephone calls to Edinburgh. Just received another letter from Nat West saying my statements from 1992 to 1994 are no longer available ! Funny they cannot find these particular statements as i remember most of my charges are for these dates ! Also funny they supplied my data records back to 1992 ! Well looks like yet another letter to Edinburgh

Received my NatWest statements for 1994 to 2000. Have been promised in a letter today from NatWest my statements will shortly follow for 1992-1994 !

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html

See General section - precedent set in High Court regarding contractual interest.

Yes when i get all my statements for 1992-2000 i will go for them in one hit !

I recently received all my data records from NatWest going back to 1992 ! Also received statements covering 1994-1999 ! Have asked NatWest for missing statements for 1992-1994 !

The statements from NatWest covered the period 1994-1999 start at No 389 ! So have now asked them for statements 1 to 389 covering 1992-1994 ! I believe the bulk of my charges are in these missing statements. I wonder why NatWest failed to send them ? Do they know somthing i don't ?

Issued S.A.R. in Jan 07 and TODAY I received my statements from NatWest covering the period 1994 to 1998 !

Have today received all my bank statements from NatWest for the period 1994 to 1999. Let the battle commence ! Only took me 6 months to obtain these statements.

Just off the phone from Nat West who advise my statements for period 1992-2000 should be with me within 14 days !

Following S.A.R. in Jan 07 I received from Nat West my data records for the period 1992-200 but no statements! Have sent another letter to Natwest requesting my statements. Looks like legal action is round the corner.

Received today from NatWest my data records for the period Jully 1992 to Feb 2000. But not one statement ? Anybody know what the following data abbreviations / codes mean ? LCC 2 LCU 1 to 6 PNL DMU 4 to 5

Raised this in the Nat West thread without reply Lodged claim in Altrincham County Court for Nat West non compliance of SAR sent in Jan 07 incl damages of £75.00. Enclosed cheque for £35.00 however i have received back from the Court my documents along with a leaflet which states ' To issue proceedings where your claim is for something other than money fee is £150.00' My question is what is the fee for non compliance of SAR £150.00 ? or £35.00

lodged claim with Altrincham County Court for Natwest non compliance of SAR (been wating now 5 months !) enclosed cheque for £35.00 My claim was returned along with my cheque ! The Court sent me a booklet and they highlighted the section on fee's which states ' To issue proceedings where your claim is for something other than money the fee is £150.00 ! Is the fee £35.00 or £150.00 confused ?