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Hi, I think I'm just ahead of you. Cobbetts have offered me £800 against a claim of £1200, and they want confidentiality. I've said no to both their offer and the confidentiality thing. yesterday they sent me a copy of the court allocation questionnaire which had to be with the court by 1st July, so I'm waiting to see what happend next!

Does anyone know where I can find the Sale of Goods & Services Act 1982? The link in the statutes library doesn't work! Thanks!

Defence and request for further information received today from Cobbetts. They are requetsing information about the accounts and the charges. Can I add recent charges to the total amount, that is charges which have been applied since I started a claim against them? They go on to ask if the charges were a result of a breach of contract on my part. What should I answer to this? They then go on to ask me to identify the particular breach of contract (by reference to appropriate terms of the contract) that the charges related to. The final tricky one is "Please specify all of the facts relied on by the claimant in support of the contentions in paragraph 5 above, an din particular please identify the contractual provisions that the Claimant alleges are unenforcable by reference to UCTA/the regulations." Is all this pretty standard? And is it wise to issue my own CPR18 request when I writ eback to them? Any advice and comments very welcome!

Stuart Higley seems to be sending the same letter stating that he is sorry about the condition of the envelopes containing the statements! If thats the case why dont they do something about it! I too have a letter stating that bank charges are applied automatically and that no manual intervention ha staken place, so it will be interesting to see if they try to argue that in court!

Nat West now have 7 day left to enter a defence against my MCOL claim. This is going to be a very long week! Fingers crossed!

On occasions when I have exceeded my overdraft limit due to a direct debit the people at NatWest have charged me £38 for a referral fee, however they have paid the DD. I am right in thinking that I can claim these charges back aren't I?

Personally I would now send my LBA. Best send it to Customer Relations in Borehamwood, I think their address is a the top of the NW forum page under the contact details thread. You may like to cc it to your local branch. Do you have your statements yet or disclosure of information? When I sent my LBA they responded in about 2 days so hopefully you shouldnt have to wait too long. Good luck

Now that I have a letter from Nat West customer relations stating that account charges are applied automatically is it worth writing to RBS (who are defending my claim) to let them know that I have this admission? Is this likely to make them settle? They have acknowledged my claim and have until 4th June to enter a defence.

Have a look at my thread, after receiving my statements i wrote again asking for disclosure of information under the DPA, specifically any manual interventions. The response said that their charges are applied automatically and that any manual actions would not be recorded as a matter of routine. In other words they've admitted that their charges are applied automatically, it is therefore surely going to be very difficult to justify £38 for a computer action!

Anything apart from pre-arranged fees for services like advantage gold accounts I believe.

Thats fantastic, thanks. I'm not at that stage yet but when I am that advice is fantastic!

Hi, welcome and good luck. I don't think I've read about them taking such action but I understand your thinking. I have a large overdraft facility with them and I to would be screwed if the demanded it back, but I think its a calculated risk which you need to take. The FAQ section answers almost everything.

I thought as much, I couldnt believe my eyes when I read what was written there. Been in touch with the information comissioners office today who were a bit vague but explained to me how to complain about Nat West failing to disclose information. Thanks for all the great advice!

Ok, MCOL has been acknowledged by NatWest giving them 28 days to respond. My DPA request resulted in only statements being sent to me so I wrote to Stuart Higley requesting confirmation that there had not been any manual interventions on my accounts over the past 6 years. This is the response I received this morning: "Thank you for your letter of 14 may 2006. Hopefully the missing statements will be with you soon, if they are not already to hand. In the majority of cases charges are triggered automatically when an irregular situation is handled but if manual intervention took place, the action taken would not be noted as a matter of routine. Therefore, no record exists against which I can refer. Yours sincerely, Stuart Higley Customer Relations" Is this an admission that charges are applied automatically by computer? Does this also mean that they have ignored by DPA disclosure request by stating they have no records about me? Comments and advice most welcome!

I'm at a similar stage to you, RBS have acknowledg dmy claim which gives them a further 28 days to get their defence together. I think alot of us are at the sam eo rvery similar stages. Good luck to you!

I got absolutely nowhere with Stuart Higley, the preliminary approach and the LBA were both promptly rejected so I'm now going down the Moneyclaim route. Mine is for £1200. Best of luck to you!

They should be in the 1000's by now! It seems to be very easy to confuse them as well!

My MCOL claim is being dealt with by the Northampton County Court. If the matter ends up in court can I have it dealt with by my local court in Cornwall?

Good luck Gail, I'm now into the legal process trying to claim back £1200.By the sounds of things I've followed the same track as you in terms of my correspondance with Stuart Higley. Nat West have 23 days left to enter a defence. Princess Steph is about a day ahead of me so it's worth keeping an ey eon these threads. Don't worry, the law is on your side and there is heaps of fantastic support on this site. Best of luck to you!

My statements arrived in a similar condition to yours by the sounds of things. I complained to Nat West customer relations who were surprised they were in such a condition, apparently mine was the first such complaint! There was a number on the back of the envelope, 826, whatever that may mean! Good luck in your claim!

They produced about three quarters of the required statements on about the 46th day for me in their trademark tatty brown envelope! They did not send me the DPA disclosure which I speacifically requested so I am going to write again to double check that there haven't been any manual interventions on my account. Best of luck to you in your claim!

I wrote to Stuart Higley to complain about the fact the bank statements were hanging out for all to see! He wrote back to apologise and tell me that mine was the first such complaint he had recieved! Seems strange? Perhaps you could write to tell him that there are atleast two of us! Good luck in your actions!

Thats the letter I received from them, Stuart Higley also. I then sent the LBA which they also rejected so I'm now using MoneyClaim online, 26 days and counting! What state were your statements in when they arrived? Good luck in your claim!

Thanks, I ended up going to Alliance & Leicester who my mortgage is with. I don't get any interest but atleast it's a safe haven! Is it worth complaining to the information commissioner about the tatty envelope situation or is that not appropriate?