Hi Mimi, I thought you had vanished. No I didn't get any email. I just checked my spam folder and there is no misdirected mail there. - So I decided to go with what I had on the Court bundle and finally got everything finished yesterday which is a relief. Thanks for thinking about me but don't worry! N940

Hi, My take on your situation (with which I sympathise!) is that you should note what is said by someone above who has taken solicitor's advice in similar situation. When you cannot afford to loose ie risk court decision going wrong way then play safe! On the point of credit history default, you are entitled to contact each credit agency and put your case to them. It costs just a few pounds and at least anyone checking your credit history can see both sides, you can say that in many identical situations people have just got their charges court and interest back, without actually having to attend court (presumably got their default notices removed too) you have just been unlucky. It is amazing what an element of LUCK there is in all this process. I am fighting two cases A & L and Nationwide and they have been uncooperative at every stage. I've also handled the correspondence for my wife (we are separated) in her case against LLoyds TSB. The solicitors said they would fight but never-the-less they paid her back in full without her even needing to send the court bundle etc!!! Good luck and keep your chin up!

Hi, Thanks for your prompting to ring the court Mimi, could n't get them until today (Friday) say to go ahead and send paperwork late but expect District Judge to note it is late. So maybe all is not lost yet! My difficulty is not finding specific documents but working out what to include/exclude from my bundle. It seems to me the critical point is to choose the right statement of evidence, which also means understanding Wragge's argument put in their defence. Every time I go through it I am less convinced than before!

District Judge xxxx has considered the statements of case and allocation questionnaires filed (none were by direction of MCOL) and allocated the claim to the small claims track. The hearing of the claim will take place at 10:00 AM on the 7 September at Coventry County Court ... and should take no longer than 15 minutes. Order as annexed hereto The court must be informed immediately if the case is settled by agreement before the hearing date. Date 10 July 2007 ORDER The following directions apply to this claim: 1) The claimant shall within 14 days of service of this order send to the defendant and to the Court:- a. A schedule setting out each charge the claimant seeks to recover showing the date, amount and reason given (if any) for that charge being made; b. A secure bundle of copy bank statements or other documents relied upon as showing that each and every charge has been made, with each page of the bundle clearly numbered; c. A statement of evidence of all matters relied upon as showing that the charges are irrecoverable as penalties or otherwise; d. Copies of decided cases and other legal materials to be relied upon. 2) The defendant shall within 14 days thereafter send to the claimant and to the Court a responce to the claimants schedule, stating in respect of each item claimed; a. Persuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b. Whether such charge is accepted to be a penalty, and if not why not; c. If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d. If such charge is not alleged to be a pre-estimate of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable; e. Any witness statements; f. Copies of decided cases and other legal matters to be relied upon. 3)THE PARTIES MUST NOTIFY THE COURT FORTHWITH IF THERE ARE ANY ISSUES OF LAW OR FACT WHICH MAY AFFECT THE TRACK OR TIME ESTIMATE FOR THE HEARING. ANY SUCH ISSUES MUST BE CLEARLY AND FULLY DEFIINED. 4) THE COURT MUST BE INFORMED IMMEDIATELY IF THE CASE IS SETTLED BY AGREEMENT BEFORE THE HEARING DATE

District Judge xxxx has considered the statements of case and allocation questionnaires filed (none were by direction of MCOL) and allocated the claim to the small claims track. The hearing of the claim will take place at 10:00 AM on the 7 September at Coventry County Court ... and should take no longer than 15 minutes. Order as annexed hereto The court must be informed immediately if the case is settled by agreement before the hearing date. Date 10 July 2007 ORDER The following directions apply to this claim: 1) The claimant shall within 14 days of service of this order send to the defendant and to the Court:- a. A schedule setting out each charge the claimant seeks to recover showing the date, amount and reason given (if any) for that charge being made; b. A secure bundle of copy bank statements or other documents relied upon as showing that each and every charge has been made, with each page of the bundle clearly numbered; c. A statement of evidence of all matters relied upon as showing that the charges are irrecoverable as penalties or otherwise; d. Copies of decided cases and other legal materials to be relied upon. 2) The defendant shall within 14 days thereafter send to the claimant and to the Court a responce to the claimants schedule, stating in respect of each item claimed; a. Persuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b. Whether such charge is accepted to be a penalty, and if not why not; c. If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d. If such charge is not alleged to be a pre-estimate of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidance to be adduced at trial as to show that the charge was fair and reasonable; e. Any witness statements; f. Copies of decided cases and other legal matters to be relied upon. 3)THE PARTIES MUST NOTIFY THE COURT FORTHWITH IF THERE ARE ANY ISSUES OF LAW OR FACT WHICH MAY AFFECT THE TRACK OR TIME ESTIMATE FOR THE HEARING. ANY SUCH ISSUES MUST BE CLEARLY AND FULLY DEFINED. 4) THE COURT MUST BE INFORMED IMMEDIATELY IF THE CASE IS SETTLED BY AGREEMENT BEFORE THE HEARING DATE. All fairly strait forward. Can I put together one set of original docs and then photocopy them up to have one set for myself, one for the court and one for Wragg respectively? I have another claim against another bank also scheduled for the same date and time (also 15 mins) - does this really mean the cases will be heard together, is it an indication the court does not expect to see Wragg attend?

Hi I have online banking with Nationwide. Answer to your question about how far back your statements go is (I think) a maximum of 15 months. Have just tried to confirm this and found I can only get back to April 2006. Which is strange as I have in the past got back further. I have all my paper statements so this has been to simplify using a spreadsheet. When you get access to online go to logon security Account List click on name of account takes you to Mini Statement then select "view full statement" At top of page there are two boxes labled "Select Period" and "Select Transactions" in drop down menu choose "enter my own dates" and "charges applied" next page comes up with options where you canselect earliest start date etc. and then download. Hope this helps! I started my action a few days after you and have just had letter from MCOL confirming case (Nationwide are Defending) has been transfered to Coventry County Court, there is a directive that "the filing allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise." Nationwide refunded £474.25 (claiming £922.00 + interest and court fee = £1000) into my account and sent a letter explaining they would also credit £55.38 interest at court 8% rate. They also enclosed a breakdown of charges "so I could check these against my calculations and if I disagreed with the amount, send them itemized details". Well, breakdown is not for my account but someone else's, with a totally different account number, even the total is different to the amount refunded and amount claimed being £524.80 not £474.25. I wrote back a polite letter saying I cannot make sense of their figures(and enclosing another breakdown) and I would only accept the refund as a part payment of the full amount claimed including court fee and interest.

There is a chap in Devon who will make the whole claim for you Penalty bank charges The cost is £150 max but only when you win and have your charges back. Why not get a parent to do it on your behalf?

Made an interesting discovery by accident. Have been returning to saved copies of spreadsheets to check over schedule of charges when in the same folder I found a downloaded statement - about 15 months worth up to March 2007 (csv file format) I opened this up in Open Office and had some trouble reading it because of the format, so got my 17 year old A-level student daughter on the case. Now the colums clearly show Description Credits Debits and Balance but fees for Unpaid direct debits or unorthorised overdraft charges are posted into a colum of their own and the description given by Nationwide is "Penalty charges total"

Hi Bongorob Don't fret this is a part of their standard letter antics, just plough on and Good Luck!

On 3/05/2007 I have claimed against Nationwide for £1002 including 8% using MCOL so date of service was 9/05/2007 Acknowledged 11/05/2007 Requested Judgement 8/05/2007 This was rejected with messsage "A bar on judgement/enforcement is in place - contact CCBC on 8/05/2007 - so rang court who advised to download Form N215 Request For Judgement and send it in to the Court - which I did on 13/05/2007. Nationwide has twice written the usual about charging policy and OFT and stated they can't agree to my charges being refunded. Interestingly last Friday 15/06/2007 I received a letter stating " I am now able to confirm that we have refunded £474.25 in charges. We have also credited £55.38 which represents interest calculated at the court rate of 8% from the date the charges were applied to the date of the refund. Please be aware that the amount we have credited to your account is less than the amount you have requested in your claim. We have thoroughly investigated and calculated all the charges that have been applied to your account in the past 6 years, which may include deducting any previous refunds you have had, to arrive at this figure. If you believe that this figure is incorrect the onus is on you, as Claimant, to provide us with specific breakdown of the amount and date of each charge that you claim has been debited to your account. I enclose a copy of Nationwide's breakdown for you to compare with your own calculations.Amazingly this breakdown is headed with a totally different Account Number to mine. Of course not one transaction marries up with entries in my brakedown! This caused me to go back through my statements another time and I find I have managed to overlook two unpaid Direct Debit penalty charges totalling £60!!! so I shall now be adding them plus the 8% to the total claimed. Surely the Nationwide has also defaulted on the Data Protection regulations albeit I don't have the ID of the other account holder? I plan to write a letter of reply enclosing a detailed breakdown pointing out their error and demanding refund of the remaining amount. Am I on the right track? Comments and advise please!

Hi everyone! I have been looking at these and other site forums for some weeks but only just got round to posting for the first time. I am claiming against A & L and also Nationwide and using MCOL. I have had several problems with each and find the whole process confusing. If anyone can offer help/advise it will be much appreciated!