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Madoron

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  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. Hi Michael, Thanks for the speedy reply. Ok, that is a shame, but as I guessed. Thanks for confirming my suspicions!
  3. Hi all, I recently went over the limit on my Egg Money card, and they have charged me their standard £16 penalty (which I have had returned) but have also removed the cashback earned on the account for the month. This was not a small amount. As this would only happen if I was over my limit or in some other way in breach of the T&Cs, is this not simply another charge by Egg? I am curious to know the answer; they responded that it was simply in the T&Cs and they could therefore do it. Have I any legal basis for reclaiming this? Grateful for anyones advice!
  4. Another update! The Cobbett's AQ copy has been sent to me, and goodness it does sound bad, and at the same time means utterly nothing! People and their legal wordings... I tell you! Also today (20th) I recieved the first offer of £1,100 of the amount... which of course the letter of "part but not whole" will go out to them shortly. You would think they would be wise of this by now but clearly not. Hope yours is going as well!
  5. I recieved a letter back from Cobbets! Hah, its about the letter I sent them... basically they are disputing the fact that the request is intimidating by saying that it was within their right to ask as the cliet could not defend the claim properly without full details of the accounts, account numbers, and the amounts being held in question! This is dispite the fact that I have told them that I sent the particulars of the claim to the bank on two seperate occasions. Idiots I tell you! Now do I bother responding? If so, do you more legally minded folks want the exact wording? Thanks in advance!
  6. Hah! I have finished the questionair, but going to take it in person to the court on monday, as its only literaly up the road from me! I get a reciept as well this way! Wish you the best of luck! Lets hope they offer us a settlement ASAP!
  7. Decided towards the 2nd, sending that tomorrow morning!
  8. Ok now the decision on what to reply to this defense with... its pretty lengthy, and means utterly nothing in whole apart from We are going to defend your claim. They have requested the CPR part 18, unsurprisingly, and the response can be either lengthy, or short and succinct as far as I have seen. Any preference from you guys what you think we should send? A)" Dear Sir or Madam, I acknowledge the receipt of the defence posted by Cobbetts on behalf of Royal Bank of Scotland (RBS) dated the 25th of August 2006, received on 29th of August 2006. In Cobbetts defence response, they requested further information under CPR Part 18. The guidance that I have received indicates that CPR Part 18 does not apply to the small claims track and is therefore irrelevant in this case. I am sure that Cobbetts are already aware of this and I can therefore only conclude that the inquiry was intended to intimidate. However I am aware that Part 27.2(f) applies subject to paragraph 3 of part 27.2 which states that the Court of its own initiative may order a party to provide further information if it considers that is appropriate to do so. In acknowledgment of this and in good faith as well as respect for the court I will provide the following information. Enclosed is a full list of the breakdown of charges with my account details, which I have already submitted to the bank in regards to this case on two occasions. However as stated in my original claim and letters the charges laid out in the original contract are unlawful penalty charges and cannot be legally enforced. i.e. charges in relation to unauthorised Overdraft, Referral, Chq/DD/SO Unpaid and Default Notice etc are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1) (e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I hope this clarifies the situation for you. Yours sincerely," or B) "I am writing in response to your letter dated 1st August 2006. I note from your recent correspondence that you have requested further information from me under Part 18 of the CPR. I must advise you that CPR P.18 has no relevance to Small Claims procedures and, as such, I consider that the inquiry to be intimidating and I intend to bring this matter to the notice of the court, should my case proceed that far. As a gesture of goodwill and in the interests of concluding my claim, I have enclosed a breakdown of the charges imposed, their value and the interest being claimed on each charge." Let me know!
  9. Well there is a shock! Recieved paperwork today from Cobbetts upon returning home from work... Time to send yet another letter it seems!
  10. Well you are lucky! They just ignored me! Hah. Well I requested judgement today (29/08/83), lets see how that goes... another £15 went on top as well for the period that they have not responded! Lovely!
  11. I dont really think they can have a turn-around point, thankfully. The law is quite clear, and until they can prove their side of the case, there doesnt seem to be any way for them to win. Also with all banks reducing their charges, we at least will be able to proceed with the courts as we have quite a strong case even if we do have to attend court. That being said, I recieved the notice of Aknowledgement of service today, saying they will defend all of the claim... 28 days it is... so that makes it 26th of August...
  12. I recieved the paperwork from the court yesterday (26th July) saying the claim will be deemed served by the 29th. They have until the 12th of Aug to reply!
  13. I calculated it at 8% for the interest at court level, which is what I have just started. You calculate the interest on the amounts taken at the interest rate of the account for the pre-lim, and LBA, then only add the 8% further interest once it reaches court level. Good luck!
  14. Good luck to you! I posted my MCOL on the 21st, aso we are roughly in the same position. I do agree though, its been quite fun recieveing the same stuff back that everyone else has. Made this whole endevour very rewarding!
  15. Ok, filed the court claim on the 21st of July! Claiming a total of approx £2075 + court costs of £120. Everything so far has been identical to what everyone else has recieved from Natwest. So heres hoping all goes well! 4th of August is their next deadline. Lets see what they do now.
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