Hi BankFodder I would be grateful of your reply to my last post The banks solicitors are baying for my blood and time is running out. Thanks Gemby

Hi BankFodder Thanks for the response Could you please explain the reasoning behind 1995,the banks solicitors have asked on what authority i can claim back this far. I understand the "mistake" part but need info as to why 1995. Also if i claim for RD am i still entitled to statutory interest, ie, can i claim for charges plus 8% interest and then also claim for RD. Gemby

Hello I am currently being taken to court by Natwest for defaulting on my personal loan. £31000 outstanding. I have launched a counter claim for bank charges. In the last six years these amount to £8000 (including statutory interest @ 8%) Having read various articles i understand that i may be able to claim further back than the six years. Please advise if this is correct. Also i have read that i may be able to claim restitutionary damages, ie, the amount of profit Natwest have made on reinvesting my bank charge money. I need to write to Natwest's solicitors this week stating the total amount i intent to claim. All help gratefully recieved Gemby

OK Wino Thanks for that, any info greatly recieved. Gemby

Hi Wino Thanks for that. I think we must have read the same article about claiming back to 1995. What is your take on Restitutionary Damages? Should i be making a claim for profit made by the bank using my charges money? Gemby

Hello I am being taken to court by Natwest bank for non payment of my personal loan (Credit crunch has taken its toll and have been unable to keep up the payments). In the court papers i issued a counterclaim for unfair bank charges. I have been dealing with Natwests solicitors Shakespeare Putsman, and they have sent me copy statements for the last 6 years. I have totalled the charges with interest to nearly £8000. It is my understanding that the Financial Ombudsman have not put a limit on how far back i can claim, and that the Financial Services Authority have ruled that banks cannot raise the Statute of Limitations as a defence in court in order to stop me claiming so far back. I have also gleaned from this forum that i may be eligible to claim for "Restitutionary Damages". Can anyone confirm wether i can claim for all charges since the accounts were opened (1992) together with interest and Restitutionary damages. Gratefull for the advice Gemby

Hi uptoeyeballs I like your name, it also describes me. I am looking to persue this matter. I am at the moment waiting to hear back from myclaims as to the best approach. They are recomending that if the original agreement is proven unenforceable then we may be able to get the judgment set aside. There will however be costs involved in this process. I would be gratefull of any assistance in this matter and would happily keep you informed of the outcome if it would be of help. Gemby

Hello r&b I recieved no AQ from Restons or Notice of Hearing. The next letter that arrived was Judgment for Claiant (after determination). Stating The claimant has objected to the rate of payment you offered. The court has therefore decided the rate at which you should pay. You must pay the claimant £10468.57 for debt (and interest to date of judgment) and £345.00 for costs (less £61.00 which you have already paid). You must pay the claimant a total of £10752.57 forthwith After filing an application, the hearing to vary the judgment was held yesterday along with the Interim charging order. The judge was quite happy to accept my payment offer of £50 per month, he didnt even question me on it. He ruled that the first payment will become due on 1st September. I have got some docs, can you give me some help on how to post them in photobucket? I hope this gives you more info Gemby

Thanks for the info, i shall give it a try. Gemby

Hi Foolishgirl Thanks for the quick response. What i needed was templates for letters to acertain if credit card debts are enforcable. I am new to the site and havn't sorted out the search facility yet. Thank again

Hello can anyone give me any template letters for cca claims Thanks

That may be an angle worth exploring has anybody got advice on that? Thanks

Hi Spamalot I have read through your link, thanks for that. Looks like im in for loads of stress and hassle but hopefully will be worth it! Gemby

Hello im new to this site, please be patient. Ive just returned from court where a charging order on my house was made final. Not too happy. The debt comes from a hfc bank credit card (GM Card) taken out in 1994. Due to recent financial difficulties i was unable to keep up payments on the account and it ended up with Restons solicitors who issued court proceedings for default amount £10000 plus £1700 collection charge. In the court papers i admitted the default amount but defended the collection charge. At this point i instructed My Claims Supermarket to look into the inforcability of the account on my behalf.I was then sent an allocation questionaire from the court and indicated in this form that the claim against me may not be valid. The next thing i know is that Restons had asked for judgment on the default amount and it was granted forthwith. I then applied for a variation to the order to pay in instalments. Restons then issued a interim charging order. My Claims Supermarket have since recieved the origional application form (not the credit agreement) and a separate document entitled "general information about your GM Card" and they have deemed that this may be uninforcable. They wrote me a letter explaining this, for me to give to the judge this morning in court. The judge however seemed to ignor this and passed the charging order regardless. Where do i stand now. If i can prove the original agreement uninforceable can i get the ccj/charging order removed and how? Any advise greatly recieved.