I was going to reply, but deleted it. Happy New Year.

Has anyone else had problems with the Peugeot diagnostic test providing completely erroneous results? If so could you post here. My own experience was my father's peugeot 206 and the airbag light. My local (trusted) garage said that we should use Peugeot as they had the expertise to diagnose the fault. The test cost £70 and the diagnosis was a new passenger airbag at a cost of £900 plus the possibility of a new ECU unit at a further cost of several hundred pounds. As the cost of your repairs potentially equalled the value of the car we did not proceed with the advice given and instead sought a second opinion. The second opinion identified that the fault lay with the driver’s side and was the clock spring/contact ring in the steering wheel. The cost of this repair was £52.88. When I visited the Peugeot dealer for an explanation he said “that’s Peugeot technology for you”. I am currently seeking to recover the cost of the diagnostic test - not a great deal of money in the scheme of things but had we proceeded (bearing in mind it wouldn't have solved the problem) it would have negated any value left in the car. There seem to be several similar instances on the Internet and it may be worthwhile creating a test case based on misrepresentation and failure to advise that their tests are not fully accurate or backed up by expert opinion (mechanic). Thoughts anyone?

Well done Atlantic. I posted on the other thread (Australia) that my daughter settled today...

Hi Atlantic, I promised to update the BB when we settled. Well they settled the first of the "children's" claims today - around £1700. She is going on to do a Masters so doesn't want to jeopodise this by continuing with the court action. The difference is only £300, so she may be right - a bird in the hand etc. Trust all is well with you. Best regards

She is criminal defense though...and pleased "lack of knowledge" re civil cases. Anyway she did say if it is too generic, doesn't contain anything specific to your circumstances then the Judge may reasonably find in favour of the bank. I asked her if any of the firm were reclaiming - she said loads of them - but all using the no win no fee as too busy to do it themselves! There are several versions of the Statement of Evidence. Based on what she said I think that I should have used the version that lays out the sequence of events (can't rememnber the link, but it is this site). There are just too many versions floating around - confusing!!

Hi Atlantic, Interesting view from my daughter re Statement of Evidence. Too generic and the Judge prefers a succinct case - not tons of paperwork. Will see how it goes later this month (will post result on this thread), but if we lose there are still four other cases at later stages ....

Hi Atlantic, Tend to support your views - too many abusing the system by not taking it seriously when submitting. That said - even though the last court bundle was 211 pages and had some personal circumstances to be considered - I still wish that I had taken a bit more effort. We'll see what happens end of June! The next one is Lloyds then back to RBoS. Too many kids I guess.

Atlantic - seen this?? A county court judge has threatened to strike out claims by 20 bank customers who are suing for the refund of overdraft charges. District Judge Ian Besford, in Hull, said the claimants were unlikely to succeed because Lloyds TSB had won a similar case recently in Birmingham. It is the first time a judge in the UK has quoted this case as a precedent. BBC NEWS | Business | Judge to strike out bank claims

Thanks Atlantic. Beginning to feel a bit more in control now.

Hi Atlantic. Sent you a private mail re World Bank info. Delivered court bundle today. Felt good! I will co-ordinate the "argument" for court over the next week and will post it here when ready. There's quite a lot of advice on the web now - particularly how to frame your claim to the Judge.

Sorry Atlantic. I was not clear (a fairly frequent accusation from her indoors). What I meant was - which bank started the charges system? I worked for a large systems integrator and ran into an ex colleague a few months ago. He said that the charges were started by one bank and adopted by the others soon after. He gave me the banks name - but I wont post it until I have checked that I have the right bank. If true, it would be interesting to research that bank and what they stated publicly when they first introduced the charges system.

Don't know about "proof beyond a reasonable doubt". My daughter is a criminal defence solicitor - some of her stories make you wonder. One interesting issue is where this all started. Does anyone have any idea which bank started this, when it was introduced and what was stated at time to justify the charges?

Stick with it Atlantic and good luck. Went to deliver the first bundle today - Mag. Court closed - Queen's b'day!! Doh! Will deliver it tomorrow. Also filed the next lot of MCOL claims - that's another 3 claims on their merry way! Trouble with having too many kids! Noticed a couple of questions re the calaculator. Here's a set of spreadsheets on this site that may help. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

Good luck Atlantic. I'm done now..all copied, indexed and filed ready for delivery. This is the second of 7 claims so I learn by my mistakes!!

This is recopied from my "Last Question"...hope it helps someone a bit... The Court Bundle goes out on Tuesday, but I want to finish it tonight!! Can someone advise which Statement of Evidence they used for RBoS??? I have used Gary H's one as supplied for Re: Peter Rabbit V Barclays... http://www.consumeractiongroup.c o.uk/forum/ barclays-bcard-woolwich-successes/36692-peter-rabbit- barclays-success-2.html#post492578 Is this what everyone else is using? I ask as it is one heck of a size after you include the 90 odd pages for the Australian Default Charges Report (Nicole Rich). Should have added these are the attachments (excluding statements, letters etc) RBoS Charge Tariffs – March 1993 to January 2007 Student Royalties Terms & Conditions Miscellaneous Letters from RBoS Balance of Accounts Overdraft Limit (includes Terms & Conditions) Example Referral Charge Letter Example Referral Charge Letter Examples of Claims Settled by RBoS Relevant Case Law Summary Early Day Motion from the Houses of Parliament Dunlop versus New Garage UTCCR 1999 UCTA 1977 SOGA 1982 OFT Statement Summary BBC Commission Conclusion Transcript of radio interview with Peter McNamara Australian Default Charges Report (Nicole Rich)

Atlantic, My question is which source are people using for their statement of evidence??? I asked the question on another thread but got no reply. I used Peter Rabbit. It seems to be the best one where RBoS defence is whooly and relies on T&Cs. But if you use it it needs the Australian info....

Scentinel, I saw somewhere that you were using the online calculator. Have you checked out the spreadsheet at the following address??? It allows you to change the date to calculate the interest to... saved me a lot of effort!! http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

OK, let's go back a bit. I reviewed the alternative statements of evidence and chose the Peter Rabbit version as most fitting RBoS. This one has the statement... - In a recent study undertaken in Australia, (Nicole Rich, “Unfair fees: a report into penalty fees charged by Australian Banks”) it was estimated that the cost to an Australian Bank of a customers direct debit refusal was estimated to be in the region of 54 cents. By reviewing the banks’ charges against the above figure, the study estimated that banks could be charging between 64 to 92 times what it costs them to process a direct debit refusal. The study’s key findings stated that in its opinion the Australian Bank’s cheque and direct debit return charges were likely to be penalties at law. I didn't want to include this statement without backing it up.

My understanding is that Australian law is very similar to UK law, so a UK court might be persuaded to follow it. Which Statement of Evidence are you using? The ones listed here all include this as part of the pack. To my mind it does no harm, except it is large. We submit our claim tomorrow so have a little time to review the situation. I did list my full pack plus the statement of evidence that I used ...it is under "Last Question"... http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/93417-last-question.html

Good luck Nell. I think that I have most of it now. Drop a message here if you get stuck and no-one answers - I have been through most of the panics!! Failing all else you could use the same evidence statement (link above) plus the support stuff listed.

Oh well.... finished the printing, numbering and final touches to the witness statement so I guess that I'll go with this......211 pages all told.

The Court Bundle goes out on Tuesday, but I want to finish it tonight!! Can someone advise which Statement of Evidence they used for RBoS??? I have used Gary H's one as supplied for Re: Peter Rabbit V Barclays... http://www.consumeractiongroup.co.uk/forum/ barclays-bcard-woolwich-successes/36692-peter-rabbit- barclays-success-2.html#post492578 Is this what everyone else is using? I ask as it is one heck of a size after you include the 90 odd pages for the Australian Default Charges Report (Nicole Rich). Should have added these are the attachments (excluding statements, letters etc) RBoS Charge Tariffs – March 1993 to January 2007 69 Student Royalties Terms & Conditions 70 Miscellaneous Letters from RBoS 71 - 74 19th April 2005 – Balance of Accounts 71 30th June 2005 – Overdraft Limit (includes Terms & Conditions) 72 14th January 2004 – Example Referral Charge Letter 73 17th April 2005 – Example Referral Charge Letter 74 Examples of Claims Settled by RBoS 75 Relevant Case Law Summary 76 – 78 Early Day Motion from the Houses of Parliament 79 - 80 Dunlop versus New Garage 81 - 82 UTCCR 1999 83 - 93 UCTA 1977 94 - 102 SOGA 1982 103 - 115 OFT Statement Summary 116 – 118 BBC Commission Conclusion 119 Transcript of radio interview with Peter McNamara 121 - 122 Australian Default Charges Report (Nicole Rich) 123 -

Thanks Claire... it is a mighty bundle - 90 pages!! Oh well it is noted as needed for the statement of evidence.

Can someone please post a link that works to Australian Default charges report, Nicole Rich .. the link from the Statement of Evidence page seems to point to a domain registration site and I cannot find it through Google.

Good luck Sparkie....