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Another letter from Cobbetts.... YIPPPPPEEEEEE!!!! This one containing a cheque for £2750.00....13 weeks after my first letter. Everyone PLEASE note that this settlement is UNCONDITIONAL.....so dont make the mistake of agreeing to conditions....they will pay up regardless! I will donate 5% when it clears, thanks everyone for their support. I am a little disappointed that I didn't get to test s.32..... Although I will seriously consider claiming again for the remainder (pre 6 years) - with of course interest charged at 16% - the contractual rate.

Yes the claim is below £5K....This is a reply from BF.... "You are quite right that the matter should go to the small claims track except that the s.32 LA element could persuade a judge to put it on to the fast track. In this case you would have a limited costs exposure - about £750 for appearance fees - max."

After it became clear that my claim MAY NOT be assigned to the small claims, I decided to offer Cobbetts a settlement based on charges only within the 6 year period (as they previously offered me - which I previously turned down) I have had the following letter today from Cobbetts "on the basis that we are successful at the hearing and your default Judgement is set aside, we confirm that we will also apply to strike out the remainder of your case under the Limitation Act 1980." "strike out the remainder"....I am correct in thinking that this only refers to the pre 6 year charges at the set aside hearing? Does this mean I will have to describe my assertion that section 32 applies? Should I present this to the court prior to the hearing? What are your thoughts as to what is Cobbetts game plan?..... I have now offered to agree to their original offer....yet they continue?!....What have they now to gain?? Have I slipped up at all? It maybe of interest to note that my previous offer stated the following "This offer is not to be taken as acceptance of your position and furthermore I reserve the right to bring my offer to the attention of the court if I feel that the circumstances require it. If you agree to my proposal within 7 days I will consent to your application to set aside. If you do not agree then I will continue for the whole claim, being fully aware that this matter will not be allocated to the small claims track and that I will expect and require standard disclosure to be ordered against your client." Many Thanks

Interesting Development! Letter received from Cobbetts today: (It was NOT marked without prejudice) "We refer to the application hearing on the 4th August. You will appreciate that we based in Manchester. The hearing is listed to take place in Bow and would require the banks legal representative to travel from Manchester. In the circumstances, and in order to keep the costs to a minimum, we should be grateful if you would consent to the legal representative attending the hearing by telephone. Please note that if we are successful at the hearing, we will seek to recover our legal costs from you, and that such costs will be greatly increased if we are required in attend the hearing in person" I think the way I will proceed is by allowing a telephone hearing, but make it clear that it is I who will be claiming costs!... Or maybe I should Not accept their request?....Clearly they are trying to bully into this with the threat “seek to recover our legal costs”…. I have the judgment already, they are the ones applying for a set aside! What is the feeling about my actual attendance ….is it required? Any thoughts?

Thank you so much.....I just needed some encouragement to go the extra mile (well....£650!) I will be rejecting Cobbetts offer today...... I hope to report some good news very soon! Matilda

I am considering a different approach to claim back pre-6 year charges. This is what I am considering to send in reply to an offer received which covers ALL my charges within a 6 year period. "I disagree with your assertion that the Limitation Act 1980 precludes charges made against me prior to the 6 year period. Section 32 of the Act says that if there was concealment of something then the six years begins from the day that the concealment is discovered, or could reasonably be discovered. Your client has concealed from me that their charges are much more than their actual costs and therefore the punitive nature of their charges. The client states that their charges are fair and reasonable and yet the OFT statement has made it clear that this is almost certainly not true. The issue of concealment goes further. If your client has a fiduciary duty towards me, this means that they are obliged not to mislead me and must protect my interests when making statements about its charges. It seems to me that by misleading me as to the fairness of its charges and also that its charges reflect actual losses, that it may be in breach of fiduciary duty." I would really like to test this as it demonstrate that perhaps the policy of only restricting your claim to 6 years is not the best way. Any comments/warnings? Thank you to Bankfodder - as I have used his posts to help me Matilda

Interesting to note that part of the above is clearly not true! "only legally entitled to claim between periods 18 May to 18 May 2006".....RUBBISH!!! I am sure I have read elsewhere that interest is payable until the date the claim is resolved! Can someone please confirm this as I will be claiming interest up until I receive payment. Thanks Matilda

I will have some very exciting news....of which I will speak very soon. Before I can speak of it could someonr please confirm that the following statement is true. "under the Limitation Act 1980, you cannot bring a claim more than 6 years after the date on which the cause of action accrued. You issued your claim on 18 May, and you are therefore only legally entitled to calim between the periods 18 May 2000 to 18 May 2006" Can someone please tell me if they are being completely honest. I am not disputing their quoting of the Act but rather I am questioning the definition of which the cause of action accrued. Is this by court action date OR the date of my first letter requesting a refund of charges (a good month previous!) This will make a difference of at least £100! Many Thanks Matilda

I have today received a ‘Notice of Hearing of application’ from the courts to take place on the 4th August. This of course is not for my claim itself but rather an attempt to have the judgement set aside. I will be seeking advise from the court directly as to whether I can just simply agree to this, and therefore speed up my claim. As the hearing is now set…..does this mean it will definitely go ahead? ...Even if I agree to its result....or is this just for the judge to decide? Do I have to attend?.....I may be on hoilday Is their a possibility that the hearing will extend into hearing the claim case also? (….i’m sure I have read this in a thread somewhere!) I would appreciate any comments…..as I have not read any other threads that describe this particular scenario. I will update with the courts feedback. Many Thanks Matilda

I have now recieved a letter from Cobbetts who are seeking to set aside the judgement, which I will not be challenging. They have presented their standard defense and requested the usual CPR 18 information I am responding as follows: "I am writing regarding your recent correspondence consisting of your defense and a request for further information in accordance with CPR part 18. As you are no doubt aware CPR part 18 is not applicable to claims under the small claims track, and although not allocated as yet, in all probability it will be, therefore I will not be complying with your request. I am willing to provide the requested information only if the court requests it. I am, however, enclosing in good faith a breakdown of the penalty charges and the related account details which have been unlawfully levied against me. Please note that all this information has already been provided to your client. I have today also sent the court a copy of this information. I look forward to your reply." Any comments? Many Thanks Matilda

I have heard nothing from RBoS since 17th May, when they said "I am sorry we have not yet resolved matters, I am not yet able to repond to you fully as I am still investigating the matter" and so...... I have issued my 'warrant of execution' today, being seven days after my default judgement was served. ...I guess this should push things on a little! I will update when I have some news. Matilda

I have just been successful in a default judgement and now I have the opportunity to apply for a warrant of execution. What is a reasonable amount of time to give the Bank to pay up. I was thinking 7 days. Any advice? Matilda

Hi, The Bank did not acknowledge my claim, I issued the default judgement after the standard 14 days Matilda

Have today applied for a default judgement against RBOS. Looking forward to donating 5% and keeping the other 95% Matilda

Hi all, Posted my claim today on Money Claim for £3100.00 inc. interest. Will let you know how things unfold. Matilda