Thanks, tomterm8. I'll hold off sending the letter until I hear back from you. ;-)

Thanks for responding so quickly, tomterm8 Point taken about my hostility in the letter - will amend with my calmer head on (they just make me so angry that they think they can take me to court when they can't organise their own paperwork properly). I was a sole proprietor when the lease was first initiated. I never received any paperwork or schedule of payments or invoice. I never received any information from them until I received a Court claim form in May (which had been filed at the wrong address, despite the fact that I had an account with them). Tried to make an agreement with them over the phone (May), but they still failed to send an invoice in my name. I didn't make any payment and now they are taking me to court again (and including fees from their first cancelled claim). All I want is the correct paperwork and an invoice in my name. I also payed a deposit when the lease was taken out, which they have no record of (I have kept my Credit card receipt for it). I'll redraft and send the letter anyway. Hopefully, this will put the brakes on (stop?) the Court action. Should I then negotiate with them to make payments or am I within my rights to return the goods after 3 years (as they have failed to arrange the lease agreement)? I just want to put it behind me. Thanks again! Gandolfi

Hi Everyone I'm hoping you will be able to help me take the correct next steps with my case against RBS cards.... to update so far: 1) Prelim sent 25th June requesting £320 charges + £101 interest 2) Offer of £123 (the difference between new £12 charge and full charge) received 2 July 3) Rejection of offer/Letter Before Action sent 31st July Today I have received a letter from RBS (cards) making the same measly offer saying that it is their 'final response'. In my prelim/LBA I also requested that they remove the default from my credit record. I was not sure about doing this as the charges and interest only reflected about 10% of my total borrowing on the card (the 10% that pushed me over my limit though). In today's letter, they reply: "Also, within the terms of issue of this account, it is clearly explained that we report payment and balance information to Credit Reference Agencies. This account was opened under full data sharing rules and this means that we must inform external agencies if the account falls into arrears. We must also inform these agencies if our customer runs into difficulties regarding repayment and we find it necessary to Default our agreement. I am unable to amend your credit file, as we have duty by law to show a true reflection of an account history to the CRA. Having said this, you are entitled to write a 200 word correction which will be placed on your file, which other lenders may read and take into consideration if you apply for future credit." I want to submit my claim through the Court now and need to write my N1 Particulars of Claim. Your help in this would be very much appreciated - especially with regard to the Default. Am I justified in trying to challenge them over the Default in Court? In my LBA I said that I would include a claim under ss.7 and 13 of the Data Protection Act 1998. In my LBA I also requested (under CPR Pre-Action Protocol 4.6©) Terms and Conditions and amendments/copies of any default notice, none of which have been sent. Suggestions on wording for my Court claim would be much-appreciated. Thanks everyone! Gandolfi PS - All of my debt to RBS has been paid off now and I no longer have an account with them - does this mean that they have no right to process my details? How can I get them off my credit file?

Thanks POET! Hope all goes well up the mountain (climbing?). Have fun! I'll drop a line to tomterm8 as you suggest with a copy of the following letter, amended from yours - let me know what you think, if you can Wi-Fi. Cheers! Gandolfi The amended letter is: "REQUEST FOR FURTHER INFORMATION I have today filed the Acknowledgement of Service in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than 4.00pm on 7th September. However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated. I note in your pleadings that you are claiming (alleging) that an amount of £xxxx is ‘for the balance due under an unpaid invoice, or a series of unpaid invoices’ – however you do not provide details of how you have reached these amounts, nor any information, or a copy of this invoice(s). The invoice dated xx/xx/04 that you sent to me recently, is made out to 'Lease-Hire Finance Co' and not to me. This invoice seemingly relates to an equipment lease agreement, a copy of which you have so far failed to deliver to me. Despite my repeated requests for a copy of the equipment lease agreement that your 'Lease-Hire Finance Co' invoice relates to, I have never received any such agreement. You have also failed to supply an appropriate invoice or invoices for such an agreement in my name. Communications regarding this matter have been misdirected by you over a long period of time to an incorrect, out-of-date address, despite the fact that I held a customer account with you and regularly made transactions and received other invoices from you at the correct address. This situation has arisen entirely as a result of your incompetent mishandling of the matter. In light of this, can you please provide me with the following: * A true copy of the agreement that your 'Lease-Hire Finance Co' invoice refers to. * A true copy of the alleged invoice(s) in my name that relate to any such agreement. * How you calculate the sum of (£xxxx) * How you calculate the sum of (£total) We would be grateful if you would respond within 21 days of the above date. In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point. In any event, kindly acknowledge safe receipt of this letter. Yours faithfully, GANDOLFI" Also, just wondering if 21 days is absolutely necessary - could I give them 10/14 days instead? Thanks, G

Thanks payingonlyencouragesthem (great name BTW!)! I'm struggling to find a way of making my case fit into the letter...their particulars of Claim refers to 'the balance due under an unpaid invoice or series of unpaid invoices'. They make no mention of an agreement at all. Also,the invoice in question is not in my name - it is addressed to the Lease-Hire Finance Company The confusion arises because there are/were three parties involved in the beginning: 1) The equipment sales company 2) The lease-hire finance company 3) Myself, the leasee What should've happened originally is that the equipment sales company invoices the leasing company for the purchase of the goods (that is the invoice they have now sent to ME). At the same time, the equipment sales company sends the signed leasing agreement to the leasing company. The leasing company then arrange for me to pay them in instalments over a couple of years. Eventually the goods are mine but during that time I am only hiring them.... Somehow, the signed lease agreement was lost by the sales company and so the lease plan never started......now the sales company are chasing me for the full purchase price.... I'm working on trying to make your letter fit the case, but I had drafted the following letter earlier to send to them 'without prejudice' to see if they'll agree - what do you think? Your opinions would be very welcome. I'd prefer not to have to pay anything, but I do still have the equipment at the end of the day.... The draft letter below gives a bit more detailed info about the claim which I hope will help explain the situation more clearly than above: "Without Prejudice – Re: Claim Number: xxxxxxxxx Dear xxxxx I recently returned home, after a number of weeks working away, to find that a County Court Claim had been initiated by you against me with regard to your invoice No: xxxxxxxxx. I am frankly shocked that you have acted in this manner when it is your company that has completely failed to manage this matter responsibly from the very beginning. It is my wish to settle this amicably and reasonably. However, I would first like to draw your attention to the failures on your part that have led to this situation, in order that a more balanced response might be encouraged from you. Your Failures 1) Your company has failed to provide a signed contract or credit/leasing agreement or an appropriate invoice in my name for the equipment. Without this, it is not possible to make any payments. 2) Despite the fact that I had an account with xxxxxx, despite the fact that my up-to-date contact details were provided to xxxxxx, despite the fact that transactions and purchases regularly took place between myself and xxxxxx and despite the fact that I received invoices at this address for those purchases, no communication whatsoever was received from your company regarding this matter until I received notice of a County Court claim in May 2007. This claim had originally been filed without my knowledge in 2006 because it was sent by you to an incorrect, out-of-date address. Your company failed to contact me at the correct address that had been provided. This Court Claim was the very first communication I had received from you regarding this matter. 3) Your letter (25th May), in which you apologise for the inconvenience caused by your company's mishandling of the matter and agreed to stop the Court action, states that the invoice should be paid in three monthly instalments from the beginning of June as agreed. No such formal agreement regarding specific dates for payment was ever made. In our telephone conversation prior to that letter I agreed to settle the invoice in three instalments, after the deposit of £xxxx that I paid on xx/xx/04 (and for which I have still not received acknowledgement or receipt) had been subtracted from the total. There was never any formal agreement on specific dates. Furthermore, the invoice that you supplied is made out to 'Lease-Purchase Co Finance Ltd' and not to me. Summary of the facts: (a) You failed to supply me with a signed credit/leasing agreement (b) The first communication from you regarding this equipment lease came at the end of May 2007. It has taken your company almost three years to contact me regarding this matter. This was entirely due to your errors of communication and your mishandling of the original lease purchase © I have still not received an appropriate invoice in my name or a receipt for the deposit already paid. Considering these facts, I believe it is entirely unjustified, inappropriate and premature that you should consider taking action in the Courts. Having been working abroad over recent weeks (a relatively short period of time in light of the delays caused by your company in this matter), I had no opportunity to respond to the telephone messages that I received on my return and no opportunity to counter the premature action that you have taken. Your letter dated 19th July demands full payment within just 8 days - an impossibly short period of notice that passed while I was away. Your over-hasty action is likely to be viewed by the Court as unfair and unjust. Furthermore, after speaking to your solicitor it appears that your claim for £xxxxx also includes Court fees from the previous claim that you made against me (but delivered to an incorrect, out-of-date address) which I understood from your previous letter to be completely cancelled. It would be grossly unfair and unjust if I were to be penalised in any way for your failure to communicate through the correct address and your failure to provide me with the appropriate information, copies of signed agreement, contract, invoice etc. at the correct time. Therefore, I refuse to pay these amounts. My suggestions for settlement In order that this matter can be resolved amicably, I request that firstly, your premature and unjustified Court action is stopped immediately. Secondly, I request that you trace the deposit payment that I made on xx/xx/04 for which I have enclosed a duplicate copy of my credit card receipt. Thirdly, I request that you raise a new invoice in my name, at the correct address, for the total amount of £xxxx. This invoice must also show the deposit payment of £xxxx as a credit and the remaining total of £xxxx that is due. I agree to pay the remaining balance in three monthly instalments of £xxx, £xxx and £xxx, the first of which I will pay within 30 days from the receipt of an appropriate invoice. In light of your failures and mismanagement of this matter, I categorically refuse to pay Court costs and interest, and will defend the case fully in Court if necessary. Alternatively, if you do not agree to the above, and as you have been unable to supply me with an original signed lease purchase agreement, I would be happy to consider the transaction null and void and return the equipment to you in its original packaging. I look forward to receiving your response to my requests and I hope this matter will be resolved in the near future. Yours Sincerely, Gandolfi" Your advice on what to cut out of this letter, or your help/suggestions if you think it is totally inappropriate, would be greatly appreciated. Many thanks! Gandolfi

Hello everyone.... I'm hoping someone may be able to help clarify things for me. I've received a Court Claim against me from an equipment supplier, but I feel it is their incompetence that has led to this situation. In 2004 I tried to take out a 'lease purchase' for some camera equipment via a major photo-retailer. I paid a deposit equivalent to 1 month's payment. I took delivery of the equipment, but did not hear from the company regarding the lease payments for ages..... Three years later the equipment suppliers are taking me to Court for an unpaid invoice for the total value of the equipment. They have failed to supply a copy of the original lease-purchase agreement and as far as I can tell have lost all the original documents (hence the long period without any claim for payments from me). They have no record of my deposit (I've kept the original card transaction receipt). They've been misdirecting their letters to an out-of-date address, despite the fact that I had an account with them and have received other invoices from them at the correct address. In other words, their system seems like a complete shambles! So, I still have no formal agreement, no signed lease purchase agreement and no invoice in my name (the delivery address is in my name but the invoice is to the finance company that supports the lease from the camera company). What should I do? Am I entitled to return the equipment after all this time and say that the transaction is null and void due to their incompetence? Can I defend this in Court? What is reasonable? The original payments would've been for £80 p/month. They are now asking for the value of the equipment (£1200) plus court costs and interest. Any help and advice would be very welcome!!! Thanks, Gandolfi

sorry - double posted;-)

Hello Everyone Long time no post - have been on hols.... As you know from previous posts, NatWest's claim against me was struck out last month because they failed to comply with Court order to submit their AQ. Weirdly, I got a bundle of statements back to 1992 on the day it was struck out - the information that I needed to counterclaim. So, I'm now fully loaded with all the info (spreadsheets/letters etc) I need to launch my own claims (personal and business) against them. I rang the Court today, to check that Natwest hadn't appealed against the strike out (they hadn't). I also rang NatWest to see the status of the claim from their end.... .....they say they may be applying to REINSTATE THE CLAIM against me (apparently the Court didn't get the fax they sent to comply with the order - yeah, right) Anyway, I'm going ahead with my own claims regardless and will be sending letters out asap to get the ball rolling. If they reinstate their case against me I'll just counterclaim with reference to the new claims. Is that the right way to do it? GaryH - hoping you will be able to help. Laiste has been v. busy and hasn't been able to answer my questions regarding the status of the debt that NatWest were claiming from me. I just need to know where I stand now that their claim has been struck out - does the debt still exist?? Is there anyone else who could advise please? They were claiming c£14,000 from me and I will be claiming c£28,000 from them. Finally, a bit of OFT related panic.......does the OFT case relate to business claims as well as personal? Will it affect or delay my claim do you think? Thanks everyone! Gandolfi

Thanks GaryH!! I'll look into all the things you've directed me towards, but I sense that it is likely to be beyond my capabilities and probably too risky To ask a slightly simplistic question though.......if I ask for the contractual rate (11% is what they are charging me on the debt) from the beginning in the ways advised elsewhere on the site (perhaps incorrectly as you suggest), but provide the Judge with 8% in the alternative, is that also a risk? Some people seem to suggest that the contractual is worth asking for as long as the 8% is given in the alternative. Is that correct, or do I risk my entire claim being thrown out completely if I give both options? I don't want to jeopardise the main part of my claim (which is complicated enough as it is).

Thanks GaryH! I'm keen to find some way of acheiving a fair balance or redress for the way I've been treated by NatWest. If you can point me in the direction of authoratative information on 'equitable jurisdiction' for compound interest, I'd like to consider it as an option. The logic (in my head) of the situation is: Firstly, I have been deprived of the benefit of using my money and I have been denied the opportunity to invest it (in property for example). My credit rating has been shot to pieces and I've ended up trapped in expensive, high-interest borrowing, unable to take advantage of low or 0% offers. Secondly, NatWest have gained the advantage of profiting significantly from the use of my money, taken unlawfully from my account, by re-lending it at compound commercial interest rates. There is a fundamental unfairness to both of these things - over and above the penalty charges - that I feel needs to be addressed. The bank should not be allowed to profit from its unlawful actions, and I should not be made to suffer as a result of those actions. If I can take them to Court and get 8% interest, I'll be happy with that. But I don't want to give them the opportunity of getting away with just refunding the charges/debit interest. That's why it's so frustrating that they've opted to allow their case to be struck out - stopping me from counterclaiming. A couple of important questions before I get to work on the revised spreadsheets and prelim (the extra statements they've sent add quite a bit to the totals!)..........hopefully, my case will be more straightforward after this and I can stop asking SO many questions! 1) Now that their case has been struck out, what happens to the £15,000 debt that they were claiming for? And how does it affect my claim for charges/interest (which is quite a bit more than £15,000)? A large part of the debt included interest that I am claiming - do I still go ahead and include everything within my claim and then take off the £15,000? 2) Now that I am starting my own claim (with prelim etc), should I address it to the people I've been communicating with over the Court case, or should I just send it to the standard address? Do I need to include anything about their lack of co-operation in the case (Data Protection non-compliance/not allowing me to Counterclaim etc)? 3) I am claiming for both personal and business accounts - should I combine them into a single large claim? THANK YOU, as always, for all your help and support! Gandolfi

Just spoke to the Court.... NatWest's claim against me has been STRUCK OUT through non-compliance with the Court Order to submit their Allocation Questionaire!!! Weirdly though....as I started writing this post, there was a knock on the door and the postman gave me a huge packet of statements from NatWest (still incomplete! and no agreements, T&Cs etc). With the statements are two letters. 1) The first one is saying that further to their previous letter asking for more time, the documents requested under CPR Part 18 are yet to be located. They say "our search will continue any [sic] you will be provided with all/any documents that we can locate as and when they arrive." 2)The second is titled "without prejudice" and is a Part 36 offer saying they will expect payment of a lump sum that is about 60% of their claim. I have 21 days to consider and respond, after which the offer will be withdrawn. What should I do? Their claim has been struck out by the Court, but they seem to be unaware. They are offering to let me pay them half of the debt, when in fact they owe me TWICE the debt in charges and interest! How should I respond?

Thanks GaryH! That's just as I'd thought - not time to celebrate yet.... It's all good, but really frustrating too - I'd just got myself ready for a scrap!!! Ah well, they're going to have to deal with me at some point - until they give me ALL my money back!! Their 21 day extension of the Part 18 request ends on Thursday too.....still no sign of the remaining statements or anything else. That'll be 81 days since my original SAR! If their claim is struck out I want to start pursuing them for the rest straight away!!! THEY CAN RUN BUT THEY CAN'T HIDE........and other cliches ;-)

Hi Everyone! Last week the Court served an order to NatWest demanding their AQ within 5 days. I received my copy of the order on 28th June. If that was the 'date of service' am I right in thinking that today is their deadline? Spoke to the Court this morning and NatWest haven't responded to the order in any way. They seemed sure that their claim against me would be struck out! It also says on my copy that 'if you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.' Are they likely to do that do you think? Thursday is the seventh day... Trying to be patient, but nerves are fraying!!

Great, thanks Gary! Fingers crossed then..... The Court order was made on 13th June, but it has 25th June at the top of the form (I guess this is the issue date?). I received it on 28th (is that the date of service?) So, they have 5 days to file their AQ or 7 days to apply for the order to be set aside or stayed. After that I can submit a schedule of costs to the Court – is there a guide/template for this on the forum? Not sure what my costs are... In their last letter to me NatWest asked for a further 21 days to get all of the p18 information to me. They said "we will not take any action regarding the Court proceedings in the meantime"....so in theory they should miss the order deadline anyway. We'll see. If they do file and pay their AQ, I then want to apply to the Court for an order demanding the p18 and hit them with that! It's starting to get exciting!!! Thanks again, GaryH!

Following on from my previous post.... I'm starting to think that it might not be such a good thing if the Judge strikes out NatWest's original claim against me..... I am worried that a strike out will prevent me from counter-claiming. The Judge's order says that I can apply to have the order 'set aside, VARIED, or stayed'.......can I request that the Judge varies the order to demand the SAR/CPR 18 information that will enable me to counterclaim???

Hello All An interesting letter (General Form of Judgement or Order) in the post today from the court...I think this is a good thing - should I take any action? The letter reads: "Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it IT IS ORDERED THAT 1. Unless the Claimant [NatWest] do within 5 days of service of this order file and serve the allocation questionnaire and pay the fee required by CPR 3.7(2) to the Court the claim herein be struck out and they shall not be entitled to take any further part in the proceedings save in connection with the assessment of costs and the other party do have liberty to apply for summary assessment of costs providing the statement of costs in Form 1 is filed and served within 14 days of service of this order. Dated 13th June" So, it seems NatWest haven't responded to my defence or filled in their AQ. In their last letter to me they said they wouldn't take any action on their claim until the information we requested (CPR 18) had been sent. According to the court letter (dated 13th June), they only had until 18th June to serve the AQ and pay the fee. I'm assuming that hasn't happened..... Although this seems good, I feel a bit like I'm in limbo now - I'm eager to get my counterclaim for charges underway, and get back the money they owe me (much more than they are claiming from me)! Anyway, interesting development.......all advice welcomed, as always! Thanks and best wishes, Gandolfi

Hi again....just thought I'd post the draft of my letter to the court, which I'll be sending with a copy of NatWest's letter. Please let me know if you think it's not right..... "The Court Manager xxxxxxxxCounty Court xxxxxxx xxxxxx Dear Sir/Madam Further to my letter (12th June) which informed the Court of my Part 18 request to the claimant (Nat West Bank) in the above case, I am enclosing a copy of their reply to my request for information/evidence. Sixty days have now passed since the information was first requested from Nat West in the Data Protection/Subject Access Request letter that I sent on 10th April 2007 (a copy of which I also submitted to the Court with my defence). The bank's response to my Part 18 request (12th June) for the same information states that they are unable to comply within 7 days and that they require a further 21 days (81 days since the information was first requested). I would like to submit an amended defence and counterclaim at the earliest opportunity. However, I am unable to do this until Nat West have supplied the information requested. Please note that in NatWest's reply they state that 'we will not take any action regarding the Court proceedings (in case xxxxxxxxx), in the meantime'. I submit the above and a copy of their letter for the Court's information. Yours faithfully Gandolfi" Is it OK?

Thanks for responding so quickly GaryH. I'll make a copy of their letter and deliver it to the court today. I asked NatWest to hold action and interest on my account at the beginning (as per Parkvale's advice), but they refused. I'll be claiming it all back anyway. Meanwhile, I guess I'll just have to wait for the info to arrive.....I wonder if they will disclose a complete breakdown of manual intervention etc??? I'll let you know of any developments. Cheers! Gandolfi

Morning All! GaryH - I just wanted to let you know that NatWest had replied (very quickly) to my letter and Part 18 request for information....I'm wondering what to do next. Their letter basically says: "We acknowledge receipt of your letter and Part 18 request. Unfortunately, we must advise that we will not be in a position to respond within the next 7 days. The information you request is not stored on site. The information has been ordered accordingly however, we cannot be specific on when it will arrive at this office. For this reason we hope you will be agreeable to allowing more time. We will aim to supply you with a full response within the next 21 days. Please note that we will not take any action regarding the Court proceedings in the meantime. Thank you in advance for your patience." What should I do? They've already had the 60 days since the SAR. Also, how can they 'not take any action' in the court proceedings? They already have! I'm really eager to get my counterclaim in to them asap, but I guess I have to wait 21 days for them to supply the information. What will the court do in the meantime? Meanwhile, the bank have sent a statement/advice notice of interest (at 29.5%) on my account for another £350! Advice on how to respond to this would be very welcome. Thanks and best wishes, Gandolfi

Sorry GaryH, my post crossed with yours. So, the final amendment will be: 'I filed a defence to the Court on 11th April 2007, stating that the amounts are now in dispute as I believed they were made up of bank charges which I believe to be unlawful contractual penalties contrary to the Unfair Contracts (Terms) Act 1977 and the common law.' Cheers!

Thanks Steven and welcome to the thread OK, so do you (and GaryH if you are out there) think that the following amendment would be better...? Instead of: I filed a defence to the Court on 11th April 2007, stating that the amounts are now in dispute as I believed they were made up of bank charges which I believe to be unlawful contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and the common law. I write: 'I filed a defence to the Court on 11th April 2007, stating that the amounts are now in dispute as I believed they were made up of bank charges which I believe to be unlawful contractual penalties that are contrary to Statute and unlawful at Common Law.' I'm reluctant to amend the letter without GaryH's go-ahead... Thanks and best wishes, Gandolfi

GaryH.....Apologies for my repeated posts in the last few minutes...want to try and catch the post, if I can. I noticed that the letter refers to the Unfair Terms in Consumer Contracts Regulations 1999. Is it OK to use this even though their claim is for sole trader business debts? On the SAR, I only referred to Common Law and Statute - I left out references to consumer law, as suggested elsewhere. Just wanted to check.....part of the counterclaim will be for personal account, but their claim against me is for business only. Thanks! Gandolfi

That's great, thanks Gary. I've prepared the letter. Just wanted to confirm one other thing. The CPR Part18 request only asks for information on the accounts that are shown in their particulars of claim (business and loan). However, my personal account will also be part of my counterclaim. They transferred funds from my personal account to the business account (and closed the personal account), so they are connected. Can I amend the first line to the following, so that it is included: 'To enable me to file a fully particularised defence and counter-claim, I require specific information regarding the accounts cited in the Claimant's Particulars of Claim as well as information regarding my Personal Current Account (No xxxxxxxxxxxxxx) to be provided forthwith.' I think that is everything.....apart from my worry that I haven't yet told them how much I am likely to be claiming in total. If they are going to back down, I'd like them to know how much I am expecting to have refunded so that they can make an offer....Should I be doing anything about that? It seems unlikely that they will comply with the Part 18, doesn't it? I'd like to provide them with an escape route (ie. to pay-up what they owe me), if possible... Will be sending this off today anyway, BIG THANKS to you GaryH! Best wishes, Gandolfi

GaryH, you are a star!!! Thank you! I will get it in today's post with a copy to the court. I just have two small queries... 1) The claimant's address on the claim form is not Cobbetts (I've not had anything from them), but an address in Telford (collections dept?, I think). Should I send it to that address? 2) In paragraph '2' of the CPR Part 18 request, it says 'I believe my indebtedness to the claimant to be comprised in full by bank charges...'. The calculations I have done so far show that the debt is made up of 50% charges/50% debited interest on those charges (does not include additional CI – just interest they have charged me). Is it still OK to go with your wording in the letter or should I amend it to say 'comprised in full by bank charges which amount to contractual penalties contrary to common law and statute and the interest debited from my account in respect of those charges'? Thanks again, GaryH! I really do appreciate it. Gandolfi

No problem, GaryH! It's great that you are helping me and giving your time. I'm really looking forward to taking the next step with added confidence as a result of your advice. Cheers! Gandolfi