Just to update this thread, we have today received a letter from NW offering only a few pence short of the amount we calculated, so that seems like a good result and within the 8 week timeframe too!

Can someone help me calculate how much interest I should try to claim please? In the absence of the loan agreement (which NW cannot locate), I have now worked out that the PPI amount was £4252.87. I have calculated this figure by ascertaining what the loan repayments at 8.9% APR on £15,000 over 60 months should be (£18489.33) and deducted it from the total payments my partner made (£22742.20), and presume that the result is the PPI. I now want to request the return of this payment, but am struggling with how to work out the exact amount to request. Thanks in advance.

Thanks for your message. There is no end result currently. We still have not received any information from Nat West, so just before Christmas, we were going to write to them again and attempt to work out what we think they owe based on all the payments on my partner's bank statements. However, he seems to have 'filed' all his statements somewhere extremely safe, and despite searching the house and store room, we cannot locate them! He definitely has them somewhere!!

As an update to this thread, we still have not had a copy of the original loan agreement or the details requested in the SAR! This is despite contacting the Information Commissioner and writing 5 times now to Nat West. We have, however, received a copy of the letter where they confirm they cannot locate the original loan agreement. I am minded to now write to Nat West (again) and ask for a refund of the PPI, however I do not know how we work out what that should be. My partner has all his bank statements which show: Personal loan £258.26 (figure varies slightly each month) Personal loan interest £120.77 We believe the APR of the loan was 8.9%, it was for £15,000 over 5 years. Could someone advise how we would go about trying to calculate how much the PPI was for and how much we should try to claim?

Would someone run their eye over this letter please, that we intend to send to Nat West in one last attempt to get the alleged missing loan agreement. Should we advise them that if we do not receive the loan agreement copy, that we will be taking further action - or should we include in this letter a request for the return of the PPI payments? Thank you for your letter dated 16 June 2008, in which you advised that you are unable to locate the original loan agreement relating to the above account. Please supply a copy of the letter you stated was sent on 1st December 2007 containing my personal data, as this was not received by me. There is a legal obligation on your part to retain documentation relating to transactions which completed within the last five years, so I would again request that you comply with these regulations by providing a true signed copy of the original loan agreement, as requested in my initial letter dated 28 August 2007. Specifically, please provide the amount borrowed under the above account number together with ancillary charges, ie total interest payable, monthly loan payments and monthly payment protection payments plus interest payable. I look forward to receiving this information within 40 days, again to comply with the terms of the Data Protection Act.

Thank you for your reply, once again. The SAR was specific, and the letter that was received this week confirms that it was delivered to the department that deals with bank charges by mistake, and that they failed to identify that we were making a full SAR rather than requesting statements. They also advise that when we wrote again, they sent out my partner's personal data on 1st December, and in that letter they confirmed they were unable to locate the loan agreement. If they did send out a letter on 1st December, it never arrived, and they didn't include a copy of it with this letter. The Information Commissioner was contacted because we had not received a response (other than bank statements) from Nat West. The Information Commissioner is not aware that they cannot locate the loan agreement. I think we will write (again) to Nat West requesting they resend this alleged letter of 1st December. However, that will still not bring forward a copy of the loan agreement, so I am still at a loss as to how we can progress this claim.

Thanks for your reply. The loan was taken out in 2001 for a 5 year term, so finished in 2006. The letter from Nat West stating they could not locate a copy of the loan agreement arrived yesterday, so yes, we do have it. Please clarify what is the difference between the CCA and the loan agreement?

My partner took out a 15k loan with Nat West in 2001 for a 5 year term. He was self-employed at the time and still is. He had a PPI policy with this loan (of course) and was not advised that it was not appropriate for his circumstances. He has a copy of the Personal Loan Protector Certificate but does not have a copy of his loan agreement. In August 2007, we sent an SAR to Nat West for the loan agreement. They sent copies of his bank statements which he did not ask for, as he keeps all of them! We subsequently wrote again twice to them, and then in December to the Information Commissioner! Today, Nat West have sent a letter stating that they cannot locate the original loan agreement! So, how do we proceed from here? Any advice welcome.

My partner took out a 5 year business loan in May 2001, he was self employed at the time and still is. He has always banked with Nat West. We have found his confirmation letter which includes the Personal Loan Protector Certificate, although currently we cannot locate a copy of his loan agreement. Having looked at the wording of the certificate, it is unclear to me whether he was covered, so would appreciate someone's opinion please. It seems to me that he would have been covered for accident and sickness, but probably not for unemployment unless he became bankrupt. I have searched this forum and have seen similar questions raised, but can find no answers. The relevant paragraphs seem to be: "Please note the conditions of cover if your change the basis of your Employment to Self-Employment, Temporary Work or a fixed-term contract. Who can have this cover You are eligible if you are in Employment as defined. What is covered If you are Self-Employed, Unemployment claims will be considered if you become bankrupt or you have involuntarily ceased trading due to financial insolvency of your business and you have notified the Inland Revenue that you have ceased trading. Temporary cessation of trading or period os unemployment due to shortage of work are not covered. Definitions Employment or Employed - Paid employment, including self-employment, of at least 16 hours per week Self-Employed or self-employment - Working as a director, partner or employee of a company of which you are effectively the owner, or as a sole trader"

We went to court yesterday and the hearing has been adjourned for two reasons. Firstly, the judge had not seen the court bundle, even though I had delivered it by hand personally three weeks ago, so he wanted 2 hours to read it. However, Cobbetts solicitor handed bf the skeleton defence when he arrived in the waiting room and in that, they stated that they had that day deposited into his bank account his charges, all the interest they had deducted, the court fees and 8% interest. Based on that, the judge then said that after having a quick look at bf's bundle, he would need to provide evidence as to why he is entitled to the balance which is contractual interest as his case was based on evidence for the fees being unfair. So, it was adjourned until October. Outside, the court room, Cobbetts solicitor advised that nobody has received contractual interest instead of the 8%, and that we would not be able to provide any statues, witness statements or evidence to back that up. She also added that Nat West will not pay any more than they have currently paid and reconfirmed that they have never paid contractual interest. Is this the case that no-one has won contractual interest? From reading this board, my understanding was that a number of people had received contractual interest - or by that, do they mean that they received all the interest back that NW have taken from them, some of which will be at the contractual rate? That is what the solicitor said has happened, which is exactly what they paid into bf's account yesterday. I would appreciate if someone could confirm this, as if the solictor is correct, we will confirm to the court that the case has been settled.

Bf has his case heared tomorrow. He phoned the solicitors back and told them he would settle for interest plus 17.8%, they said they would speak to their client but we haven't heard back. So, we shall see what transpires tomorrow. We have not received copies of any information that they intend to rely upon in court, so I don't know if this is in breach of the directions.

My bf has just had a call from Cobbetts offering him fees plus s.69, daily interest and court costs. He has said he will think about it and call them back. That would be about £1800 less than the figure with the contractual interest he is claiming. His case is due to be heard on Tuesday. Any advice would be appreciated.

Thank you. I will be numbering and noting the case no etc on the top of each page. I am still uncertain about the Statement of Evidence so hope someone will come along and advise. I have read on other threads that I need to include it but on the Got a Court Date thread, it seems to be only if I have special directions.

I am just compiling the court bundle for the case which is due to be heard on 31st July. So far, I have the following prepared: Copies of all correspondence Schedule of charges Copies of statements with charges and interest highlighted OFT's action on credit card default charges Early Day Motion Relevant case law to penalty charges Dunlop v New Garage Supply of Goods Act 1982 Unfair Terms in Consumer Contract Regs 1999 Unfair Contract Terms Act 1977 I have also printed off the Nat West T&Cs from May 2002 as the account was opened about 20 years ago - should I include these, or the most recent ones? I will also be enclosing the other evidence as suggested in the Got a Court Date thread, namely: The competition commision report McNamara interview Australian default fees report BBC commission conclusion Please would someone advise if there is anything further I need to include such as recently won cases etc. Do I need to do a covering letter, or just put a blank page with the case number, and names of the parties? Also, there are no special directions attached to the case, so do I need to still do a Statement of Evidence? Thanks in advance!

Fingers crossed!

We received a letter from the court today with a hearing date of 31st July and has been listed in second place to another case of similar length.

Have now received a copy of Nat West's AQ from Cobbetts, with the usual paragraph stating that the Claimant has failed to fully particularise the claim, which I understand from my reading here that this is standard stuff. Will now wait to hear from the court.

Thank you - we will deliver it to the court on Monday. Bf is back from Denmark tomorrow, so he can take me to the court for a spin in his TVR!

Thanks guys! I have the N150 form rather than the N149. I would just appreciate clarification on a couple of questions relating to Section F, Proposed Directions, and Section H, Other Information: In Section F, I have copied from the New strategy for Allocation Questionnaires thread, post #2, and for Section H, I have attached the passage from #3 - is this correct, please? Also, do I answer Yes to the question 'Have you attached documents to this questionnaire?' - which I presume is the Section H attachment? I will obviously send them to the defendant, so what do I put in the box 'When did they receive them?' Finally, in the white box, set out for other information, do I put 'I am respectfully requesting that my claim be allocated to the small claims track etc ... ' from post 3 in Allocation Questionnaires - A guide to completion ? Thank you all so much!

Have now received the Allocation Questionnaire from the court, with a return date of 8th May, so am just setting about answering the questions. Hopefully, it will be all straight forward, but if I need any help, I will yell.

Another update - have received Nat West's defence today from Cobbetts which appears to be all fairly standard. So now will await the Allocation Questionnaire from the court. This is moving much quicker than I had thought, which isn't a bad thing!

Thank you both. Will keep this thread updated, and yell for help if I get stuck, as I probably will at some point.

My heart was pounding when bf opened the letter, goodness knows what it will be like 'if' it goes to court! Still, we guessed that this would happen right from the start because we are claiming contractual, so will just sit tight and wait for their defence now.

Have received a letter from Cobbetts today with a copy of their Acknowledgement of Service, stating they will be defending all of the claim. So, by my reckoning, if they have 28 days to file their defence from when the claim was served (28th March), then this takes us to 25th April.

Just to keep this thread updated. We took the N1 into our local court on 20th March and received the confirmation back today. The court sent it to the defendant on 26th March and it will be deemed to be served on 28th. The defendant has until 11th April to reply - fingers crossed they don't, as we haven't yet received a reply to our LBA. Interestingly, as I approached the enquiries counter in the court, and said 'I have some papers', the woman said 'Is it a bank?' and I replied that it was. I then heard a colleague in the background saying 'Is it another one?' Sounds like they have rather a lot!