Zebra, First things first send this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html . It is a letter which prevents them from phoning you. Secondly if the 14 days has expired since you issued the LBA you need to issue you claim with the court.

Claire, Yes cheques ok, and The letter was all I sent, which put an end to the CPR18 matter. Sbfido, It is thier choice not to cash the cheques. I would do nothing, and just let the claim take it's natural course. As they have failed to provide you with the information, they would be hard pushed to rely on any relevant information if it ever got to court. Just hang tight and waith for the Allocation questionairre. Mupster, Yes I did and also sent a copy to Cobbetts. At the time they were asking for a strike out with most claims on the AQ but didn't on mine after the letter. Peed orf, You must respond to it. Some of those that have failed to do so have been ordered to by the court. Hope this helps folks

Phoned court today. It is being diariesed for a hearing date and will receive directions next week. Phoned Abbey solicitors to give them the Opportunity to settle. They have asked me to take an offer which I declined. I also asked them to note I will not withdraw until in receipt of cleared funds so not to leave settleing too late. She was a little taken back but said she would duly note. (I'm sure she will)

Personally, I would not withdraw the claim until I had cleared funds in my hands. I would ring them back and advise them that once you have receved the full amount including costs and interest, you will be happy to ask the court to withdraw the claim.

No Brainstorm, you send it to your local court.

If it is being taken by direct debit, then you can demand your bank return one of the amounts to your account straight away. It is then up to them to find the missing money. As you have reported this already, Demand the return of the charges as well. I would put this in writing.

Just linking to a fellow Kensington Erc claimer

Claim No: XXXXXXXX Dear Sir/Madam Claimant’s response to the request for further information We have received a request from the defendants for further information, which they say is made pursuant to CPR Part 18. However it is highly likely that this claim will be allocated to the small claims track and we know part 18 does not apply. The Defendant’s part 18 request suggests very strongly that we have not supplied them with enough information to mount a defence. Despite this they have submitted a very full and complicated defence. We are anxious to be seen to be co-operating as much as we can and therefore we are providing the following information and sending a copy to the defendants. In section 2 of their request, the defendants ask for a detailed breakdown of the charges that have been applied to our account and our account details. We do not understand why they require this information as we sent their clients copies on 7th August and 12th August 2006. We also filed a copy with my claim form which you will find in the court file and presumably the court must have served this on the defendants with the claim form. In section 2.3 the defendant asks why the charges should not have been levied against us, but it has already been explained in the claim, the charges are disproportionate penalties. In fact section 3 of the defendants request makes it fully clear they are aware to the answers to their section 2.3 as they specifically refer to the reasons for my claim. Section 4 of the defendants request; ask for details of our account contract with the defendant. However the defendants are clearly fully aware of the details of the contract, the contract is their own terms and conditions imposed by them with no basis for negotiation. Further more the defendant has purported to rely on upon the terms and conditions in order to implement charges against us. The defendants must understand very well, which are the contractual terms in issue. We are sure the court is already aware of the current flood of litigation which is being brought against all of the major banks on the issue of penalty charges. We can tell the court that hundreds such of claims have been issued at courts around the country, many having been allocated to the fast track and there are at least 10 cases transferred to the mercantile court in London to be heard as a test case. However to date every case has been settled by the banks before going to a hearing, even Barclays bank which is the defendant at the Mercantile court cases has started contacting the claimants and making an offer of full settlement in order to avoid the case being fully heard. The Natwest, the defendants in our own case has settled over 180 cases, many of them for much larger amounts than my own claim. The banks are fully aware of the bank charges issue. The Office of Fair Trading conducted a 2 year investigation into Credit Card penalty charge cases and found they were unfair and unenforceable at law. The OFT also said there was a read-across to banks of their penalty charges. The OFT has urged the banks to comply with their findings. The banks have refused and the OFT in entering into further discussions with them. In the meantime the banks oblige thousands of their customers – very ordinary citizens, to bring court claims which their banks or their solicitors then go on to complicate the process with procedural devices such as the present part 18 request. Only those claimants of sufficient heart and tenacity are eventually paid out in full. We are sure the great majority give up altogether or accept reduced payments. This is the deliberate intention of the banks style of litigation. The banks style of litigation is intimidatory and it is sham. The banks style of litigation would be vexatious if it were not for the fact they are the defendants. The Master of Rolls in 2004 addressed an international conference on vexatious litigation. He told the conference the evil of vexatious litigation was that it undermined justice and was a burden to the public resource. We can not imagine any better description of the result of the banks style of litigation. It really should not be for an ordinary citizen to bear the burden of bringing the banks back within the rule of law. The OFT has the power to deal with this matter and is tasked and resourced to do the job. If the OFT were to seek an injunction then this burden upon the private individual could probably be brought to an end within a week. Yours Faithfully Mod note; thought this was needed. cc Cobbets LLP

Hi Jamorgan, have you heard anything else on this. I am slightly behind you with Kensington. They haven't alied for a strike out, but they have alied for fast track!

Received Kensingtons AQ this morning. They have asked for Fast track allocation and a 2 1/2 day listing. they have also listed costs todate as £950.

They are putting up a fight with me as well, but my claim is for nearly £10k. However the defence they filed with the court could have been written by my 11 year old daughter. Just go for it Mark.

Good luck Michelle.

Welcome and good luck Louzy

Write to Max recovery advising the whole debt is in dispute with HSBC. When the 14 days are up with your LBA file your claim at court

CCA with £1 postal order, have done anything with regards to reclaiming your charges for this debt, if so, you can right to them and advise them the debt is in dispute

Suprise suprise. I'm just behind you Ellielou, they have until Friday to submit thier defence. Care to bet against an eleventh hour job.

Rang Court today as not heard anything. Judge gave directions on 16th, but due to backlog, I won't get it for a couple of weeks. This is driving me insane.

Hi Sarah, You stand every chance of getting your money if you stick to the tried and tested procedures. As the two amounts will exceed the £5'000 limit, it will be allocated to Fast track. This means that should you loose, you clould be liable for thier costs. The good news is, they have to disclose the breakdown of how they calculate thier charges, which they really do not want to do. They will drag it out for as long as possible but will settle in the end. Read the FAQ's before doing anything and have a read through other threads until you feel confident enough to take them on. There will be plenty of help for you alonf the way. Hope this helps

Hiya, This is thier standard response. Send the LBA, but incorporate the rejection letter into it, stating you are accepting as a part payment only. Hope this helps

SAR sent today

Sent SAR for both thier accounts

Just linking to the thread

After my recent successes, a friend who is in dire straights has asked me to help recover thier charges for them. Had all the statements through and am now ready to send prelim on Monday. This will include contractual interest.

Hi Helen, Send this initially. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html. You also need to send a letter before action if not already done so http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html. I hope this helps Mark

Good luck Victoria, I have already filed against Kensington and am waiting for them to acknowledge the claim. Stick with it and don't let them off a penny