hi all, Not sure what is going on. This is the first case i've had that has gone this far. After starting claim via MCOL Bcard put in defence and now been transferred to local court. I did all the right things..sent copies of schedule of charges to both court and b'card solicitors then in their defence it stated that i had only provided a summary in my POC? I sent a breakdown of charges? Today i received a letter called a "notice of allocation listing hearing" which states that a hearing is necessary before a final decision about an allocation can be made. It also says that it needs to identify if this is suitable for fast trak? can someone explain in laymans what this means please. hope you can help shaz

Hi all, The problem i have is that i really detest using the 0870 numbers to contact my additions catalogue. I only have a mobile and it costs a fortune and when i do get the chance to call the automated voice tells me i haveto wait about 30 minutes! As a result i have refused to call them and insist on communicating by letter or email which they take ages to respond to. The reason i need to contact them is that a bicycle i ordered has broken whilst my daughter was riding it, the bracket on the rear wheel that holds the chain just snapped. i called the catatlogue who told me that the bike company would call me. They never did and i just got a letter asking me to call them again! Then i was charged more delivery charge on all the heavy items i ordered. Then lastly, they charged me the pre sale price for another item. I worte to them detailing all these points and i'm just getting so angry that they takes ages to respond then expect me to ring them! I just wanted to check that i have the right to refuse to ring their 0870 number and expect them to either call me or communictae and sort my problems out via email or letter tahnks

thanks for that... I've had a read through the above links which were very helpfull, thankyou. Just want to clarify that i understand the process....do i haveto send a letter to the court, if so which template should it be? Do i call the court regarding paying them a fee? not sure what i need to do now thanks shaz

Hi all, This is my 4th claim, all the others having been settled at this stage so i'm a bit concerned b'card haven't followed suit. I have the usual letter stating this has now gone ot my local court and the point 1 states "The filing of an allocation questionaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise** " Not sure what this means. the was no AQ with the papers and they have put a long text in the defense part of the ackowledgement...part of it says "teh particulars of claim are summary" but i sent their solicitors detailed copy of my schedule of charges. Not sure what to do here and any advice would be welcome. shaz

Hi there, I'm currently helping my friend claim back charges from hsbc and have a smal query on what she is being charged for on her statements..It reads as folows DR overdraft fee 25.00 DR account fee 9.95 she has an agreed overdraft of 1,800 but just unsure if she can charge for the above... thankyou for looking, all advise much appreciated thakns shaz

well, got letter from nationwide todday stating they will be refunding all my charges ..which they now have! Also, not sure if i already mentioned that i hasd about 4 DD's returned last month so got a letter telling me i was going to get charged £124 on 28/6 so i worte to them basically asking for them not to charge me as i want to get back on my feet and very politely said that if i was charged i intended to reclaim my charges again...anyhoo, in the letter they sent they also stated that they are cancelling the pending charges to my account! They did give the usual speech about if i "breach t and c's of account again then they will close my account"...didn't like to mention there was anothe 2 charges during the course of the year for returned DD's but wil not be reclaiming those...had they charged me the £124 then i would have.. so i guess this is also a successful claim! thankyou all shaz

ok will keep you posted....link to my thread below shagtastic v nationwide story upto MCOL so far..

hi busa, i'm in the same position as you...they just paid into my account yesterday the £721 which is just the charges...still waiting for interest and court costs which in total amounts to about £ 1081.. I managed to file a judgement through MCOL because they hadn't put in a defence but when i checked MCOL later on yestaerday it showed they filed the defence on the 16/6 but it didn't show up on MCOl until after i had field the judgement. So if they dont pay the rest by the time i get the defence letter from MCOL then i'll just continue the claim. Funnily enough, i had 4 DD's returned last month so they advised me that i was being charged so i wrote to them asking to please not charge me and explained my financial circumstances..just received a letter back today saying they will charge me on the 28th so i guess i'll be starting another claim shortly! good luck and congrats shaz

Haven't received the letter yet..this is the third MCOL claim i've won now but cap 1 and MBNA paid the amount all in one go..they were a lot lower amounts that this one though but i suppose banks/BS may do things a bit differently. Wil wait pensively for letter from nationwide admitting no liability and their defence details from court! thanks again shaz

thanks PPMAN, have just checked my nationwide account and there is a credit in there for £721 which is the amount minus the interest and court costs..reading other posts they can sometimes put the amounts back in but in different amounts..am i correct in thinking this? If so, how long does it take for them to credit the rest of the money? What happened next with the judgement? If they onyl give me the 721 how do i go about getting back the rest of the money? off the top of my head its about £1081. I assumed the judgement meant they hadto pay all the amount on the judgement form. sorry for all the questions! shaz edited just to say, I've just checked MCOL and it says they put in a defence on the 16/6??? how come it let me go through the judgement procedure? plus they already refunded me part of the money? confused now..is this normal??

28 days after date of issue and acknowledging the claim nationwide did not put in a defence so have applied for judgement today via MCOL...does this mean i have won? Assuming now the court will advise nationwide and they will settle immediately as i requested in my application for jusdgement... thanks shaz

well just to confirm...i've checked my account balance online and its all in there! infact they have paid me an extra £80 at least as when they offered me amounts before to settle and i refused it seems they still creditted my account with these amounts! i'm chuffed!

just to let you all know i received a letter from cap one today stating they are refunding the full amount (incl court costs) of £241.38 which will show in my july 1 statement so am not withdrawing court action until i see in my cap one credit card account... so a pensive success story! thankyou for all advise and help shaz

the review for my overdraft is up on the 20/6/07 which is £1000..my charges also equal this roughly...do you think they will refuse to give me an overdraft when its time to review? has this happened to anyone else? thanks shaz

hiya i've C & P the POC that i put. Obviously just put your details where the red is! good luck 1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

sorry about all the different threads! i just want to say thankyou to all of you who have helped me and given support. Good luck to all of you and hoping you all get what is rightfully yours asap shaz

thankyou very much for that, do you know where i can find address please shaz

well after updating my thread below saying they had filed a defence at the 11th hour the post arrived shortly after with a cheque for £237.06! which is the full amount incl court costs!...infact think its a few quid more! but hey ho! In their letter they still maintain charges are fair bla bla and that they do not agree to my claim still but they paid up so i'm happy! I just need to know what do i do now as i need to stop court proceedings (they also ased me to do this in the letter) because as they filed a defence, MCOL says that all papers have been sent to my local court.. any advise gratefuly received shaz

hi all, MBNA have filed a defence at the 11th hour! was due to file for judgement today ggrrr! MCOL states that everything is getting transferred to local court...what do i do now? kind of hoped it would n't get to this stage... any advise? thanks shaz just editted to say, i never has an acknowledgement of service it just went straight to defence..they had until end of 30/5 to respond and they did so with the defence straight away..is this normal??

hiya chunky, thanks for that....i have my parachute account but was kind of hoping to keep the NW one as i've had it for over 20 years..I've also had an acknowledgement on the day they were served! on the 21st i think. I really rely on my internet banking and will be so p****d off if they do stop it! who is it we can complain to? is the OFT or the banking ombudsman? i get a bit confused with all the different organisations! Actually i think we are about the same stage iwth MCOL..if i remember correctly! shaz

hi chunky, did u ask them why they have taken away your internet banking? can u complain to someone? shaz

i got all confused when it came to the interest charges on the POC..basically i put the total amount incl the 8% int in the first £ bit of POC on MCOL claim but then i added an extra 8% on top of the first amount on the 2nd bit..i know i completely misunderstood the 8% bit..its only an extra £15.00 i think i'm trying to claim for ..is it worth doing an amendment? The schedule of charges i sent to court and cap 1 shows correct amount what do u all think? shaz

hiya, i've just received the acknowledgement of service through the post today...am just sealing the envelope to the solicitors (eversheds, cardiff) with my schedule of charges..i'm looking at this as if they will go all the way to court thanks shaz

24/5/07 recieved acknowledgement of service today through the post..do i just need to send a copy of the schedule of charges to the solicitors? should i sent copy of statement too? thanks shaz

hi there, i'm at the MCOL stage where NW have acknowldedged the claim but not received any paperwork yet (been checking status online) when they paid you did they pay the court costs too or do you haveto apply seperately? well done btw shaz