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Hi there I am about to start a claim against M&S Store card. Does anyone have any experience of doing the same? I would be grateful to hear of your experiences and the addresses atc that you have used. Many thanks Chris

Hi If you have had a judgement in your favour by default then I would have thought that the best thing would be to get on the phone to them (try their litigation department at 1 Princes Street, London on 0207 714 4449) as they have to pay you now and I am sure that they will not want a judgement registered against them. The person that I spoke to there was very helpful. In my case, my account was already paid off in full and closed before I began my claim so they sent me a cheque as I did not owe them any money. If you still owe them anything then I would have thought that they would put towards what you owe and credit your account.

In my my case they responded straight away by saying that they would defend the case which was a bit worrying. This I now believe is standard practice as it gives them more time to look at each case. About a week or so later I then got an offer of a full refund saying that it was not economically viable to do anything else.

RBS responded straight away to the MCOL by indicating that they would defend the claim. I would imagine that this is an automatic response as it gives them more time to assess each case. A coupe of weeks later, RBS's offer letter to me (and also confirmaed during a conversation that I then had with the person handling the claim) stated that it was not economically viable to do anything other than pay it in full. The person handling the claim said that he would not even be checking my interest calculations because it was just easier and quicker to pay up than spend any more time over it (the whole claim was for less than £300). They almost certainly have a monetary threshold or certain criteria where they will defend, make life difficult, use a solicitor or indeed go to court but my claim clearly fell below these levels.

I closed my MINT account a couple of years ago so the only option for RBS in my case was to send a cheque. I am not sure whether they would give you the option if you still have an account with them.

Please bear in mind that I am not legally qualified so this is not guaranteed to be 100% technically correct but it did work for my claim. Good luck!

Hi, this is what I used (which worked) "The Claimant, a customer of the Defendant claims that between 00/00/00 and 00/00/00 the Defendant debited (number of) charges from the Claimant's credit card account 5460xxxxxxxxxxxx. The claimant believes that the charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999 as they are a disproportionately high sum in compensation compared to the cost of the purported breach and that Under the law of penalties, the charges are an unlawful extravagant penalty. The claimant requests the refund of these charges being £000.00 plus contractual interest of 16.9% compounded. The interest is an additional £000.00 The Claimant has written to the Defendant on a number of occasions in order to try to resolve this situation but now feels that they have no other course of action left. The Claimant therefore respectfully asks the court to enter judgment in their favour for a total of £000.00 The address to send it to is:- Royal Bank of Scotland Plc RBS Litigation 1 Princes Street London EC2R 8PB Hope that this helps

Sorry, forgot to add:- The address to send the claim to is:- Royal Bank of Scotland Plc RBS Litigation 1 Princes Street London EC2R 8PB There is an address for RBoS/Natwest given in the info/reference section of this site but it is wrong (perhaps a mod could change it?) The correct address is 1 Princes Street and not 1 Princess Street which is the Head Office of the Salvation Army.

Hi This is the wording that I used for MCOL which worked for me:- The Claimant, a customer of the Defendant claims that between 00/00/00 and 00/00/00 the Defendant debited (x number) charges from the Claimant's credit card account 5460xxxxxxxxxxxx. The claimant believes that the charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999 as they are a disproportionately high sum in compensation compared to the cost of the purported breach and that Under the law of penalties, the charges are an unlawful extravagant penalty. The claimant requests the refund of these charges being £000.00 plus contractual interest of 16.9% compounded. The interest is an additional £000.00 The Claimant has written to the Defendant on a number of occasions in order to try to resolve this situation but now feels that they have no other course of action left. The Claimant therefore respectfully asks the court to enter judgment in their favour for a total of £000.00 It is well worth adding the 16.9% interest as it nearly doubled the amount of the claim. RBoS will automatically reply to the Court saying that they will defend the claim. This seems to be a standard proceedure as it gives them extra time to look at each claim. It was about two weeks later that they wrote back to me paying the claim in full. I spoke to the person handling my claim and he said that it was not worth them defending small claims (or even spend any time checking my interest calculations)

I got no further response from MINT/RBoS until I put in the MCOL claim. Their initial response was to respond by saying that they would defend the claim. After a couple of weeks though they wrote to say that it was uneconomic to defend a small claim (mine was £240) and so they paid in full (claim, interest at 16.9%, refund of Court fee) and included a cheque.

Hi I have got to the stage where I now need to move my claim to the court stage. I cannot easily get to my nearest court so I need to use the MCOL route. My problem is the lack of space available for the "particulars of claim" section. I am claiming Statutory Interest which ,when you add the required wording for that, leaves very little space. Can anyone please supply some successful wording that will fit!! Many thanks

Nearly there, received a cheque which was meant to be in full settlement of charges plus interest and the court fee. Unfortunatley somebody at RBoS can't add up and it is £20 short so I will be asking for that as well before withdrawing the claim from the court.

I will PM the details but basically the interest worked out to be almost as much as the charges

Guess what turned up in the post today? A cheque from RBoS refunding every charge in full, contractual interest of 16.9% compounded and the Court fee. The letter with it basically said that it was not economically viable for them to go any further. For the sake of £30 which you will get back, I would go down the MCOL route.

My claim is for a similar amount and I got the same replies and offers as you. I have gone down the MCOL route and am waiting to see what happens. RBoS acknowledged the claim and have indicated on the paperwork that they intend to defend my claim. They have another couple of weeks to do something. Having seen all the court material on this site I have no worries about going through with this if they turn up to a court date.

Well done DJ59! Did you speak or write to anyone in particular? My claim against MINT is for a similar amount and at the same rate of interest (account also closed) but they refused to increase their initial offer and have let it proceed to court stage.

Hi Steven, Unfortunately I did not know it was there when making the claim. It was only after being turned down recently on an relatively small finance deal that it came up even though in the meantime (nearly four years) I have opened a new bank account, credit card and had a personal loan all without any problem. I have written to Citibank and spoken to Experian who have also said that they will write to Citibank asking for the default to be removed. Fingers crossed!

To be honest I am not 100% sure either way. From what I have read, I understand that you can only claim Statutory Interest (8%) at the court stage but that you can claim contractual interest when making the initial claim from the bank or credit provider but that you cannot claim both. With my claim against MINT I added intrerest at the prevailing rate which was 16.9% and compounded it from the date the charge was applied up until the month of the claim.

How did you get on with your claim?

From what I have seen, if you reject the offer they do not improve on it even after sending a LBA so if you are going to go for a full refund you are likely to end up claiming through the courts. I am a few weeks ahead of you so can let you know how things progress

Unfortunately my account with them is closed after I eventually paid off the balance so this is it as far as MINT goes (But there's always Natwest, Egg, Amex )

I added contractual interest and with the court fee it has nearly doubled the amount of the claim. The claim has been acknowledged by RBoS and they have said that they intend to defend the claim. I can't imagine that they are going to send a solicitor out into the sticks to defend a claim for a couple of hundred quid. What I have struggled to find on this site is examples of what MINT (RBoS) have done previously with smaller claims like this. Has anyone found any examples??

I have now had an acknowledgement of the claim from the court and RBS have indicated that they will defend the claim.