Hi Grumpy. I am at exactly the same stage and have received sod all. It doesn't matter though, it saves me the time and money of posting the rejection letter LOL.

I would agree. Proceed to LBA. As she's on income support, she wont pay any court costs either so she can file as soon as the LBA expires.

A similar timescale for both. Personally I prefer the court route as you can get more detail on the claim form, but that is a personal preference.

Hows your claim proceeding. Nearly time to file isn't it?

Thats what I thought. This is so standard they are quoting terms from the wrong account type. This was a card cash account that did not have the ability to obtain an overdraft so section 3(1) is totally rubbish. It's also signed by a legal officer. Just great, I don't even warrant a solicitor. They know how to hurt a guys feelings. LOL

Defence entered by Abbey

1. the defendent denies each and every allegation set out in the particulars of claim

2. it is admitted that the claimant had a bank account with the defendant.

3.At all times the account has been subject to the applicable terms and conditions which form part of the contract between the claimant and the defendant and to which the claimant agreed when he opened the account. The Dedendant will refer at trial to the full conditions but for the purposes of this defence will refer to the following extracts:

(1) "You can apply for an overdraft on your account. If we give you an overdraft we will tell you your limit and the interest rate applicable"

(2) "An unauthorised overdraft occurs if without our agreement you overdraw or exceed the limit of an overdraft which we agreed"

(3)"If you have an unauthorised overdraft, you will be charged fees as set out in our Tariff of charges or specified to you and these may include fees for transactions we are unable to process due to lack of funds in your account"

4. Throughout the period that he has had the account, the claimant recieved a number of copies of the conditions and of the said tariff of charges as they were amended and updated (thoughthere has been no material amendment to the conditions extracted in paragraphs 3(1),(2) and (3) above)

5.Any overdraft on the account was (and is) subject to the conditions.

6.The claimant has overdrawn or exceeded authorissed overdraft limits on the account on a number of seperate occasions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay fees to the defendant in accordance with its tariff of charges applicable at the relevant time. In accordance with the conditions, such fees were debited to the account.

7. In view of the facts and matters referred to in paragraphs 3,4,5 and 6 above, the defendant denies that the amount of £***, or any amount, was unlawfully debited to the account and the claimant's claim for the repayment of that amount is therefore denied.

8. The claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the defendants administrative expenses incurred due to the claimant's breach of contract and are a genuine pre-estimate of the damages suffered by the defendant.

9.Further or in the alternative, even if the said fees are not proportionate to the defendant's administrative expenses incurred ( which is denied) , the claimant remains liable to pay such fees as may be found to be proportionate and the claimant is not entitled to claim repayment of the full amount of each charge made to the account.

10. No admissions are made as to the amounts claimed by the claimant.

11. The claimant is therefore put to strict proof of the amount claimed.

Hi Buddy, I have 2 settled so far. 1 bank and 1 credit card. Before you start you must read the FAQ's. Read through some threads in the organisation that you intend to claim back from, just to get a feel for things. When you are ready to start, begin a thread in the relevant bank. This way you will be able to receive help and advice along the way. Welcome and good luck

Recieved a response from Kensington to prelim letter stating no refund and if I take the to court they will seek an order for costs. To late Kensington, the claim has already been filed

Hi Icam,

A sod off letter could be one of two. The one you have sent to them rejecting thier partial offer or the ones they send you in response to your request for repayment of the charges.

When your LBA timescale has expired, file a claim with the court. I did and they offered full settlement before filing a defence

Unlikely to end up in court but still possible. You just need to be prepared for that eventuality. There is plenty of help here if it came to this.

Well done Gabby. Just one bit of advice. Stick to your timescales as they will try to get you to allow them months to respond.

If you are already beyond the LBA stage you need to file a claim with the courts. You can either use MCOL or fill in a N1 and take to your local court. Templates for both are in the bank templates library. Hope this helps

Hi Amanda,

They have no excuse. Send them the Non-compliance letter now. Also, Halifax settled my claim in full and did not attempt to close the account, so you will hopefully be ok.

A while since last posted on this thread so missed a few bits. Had 3 letters from Kensington advising me they were taking more time to respond to my prelim letter. Sent Lba at correct time. Now filed N1 which was considered served today. Let them take liberties with that.

Aaron is exactly right Zanna. This is a fob off. I had exactly the same response and yet they settled in full three days after I filed my claim. Thats fine with me as they had to pay the interest as well

Hiya,

It's standard.

Write this to solicicitors and copy to court.

We acknowledge receipt of your defence & request for further information and clarification.

We anticipate that the claim would be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

Furthermore we consider that the CPR part 18 request is intimidating and intend to bring the intimidation to the notice of the court. However, for clarity, we confirm the charges we are claiming were applied to the following account:

Account Name:

Account numbers:

Sort Code

Amount

As a gesture of goodwill we enclose a schedule of charges which has twice been submitted to your client and which was also included with my claim. We can only assume your office has misplaced it.

Yours etc

I was actually caliming 29.8%, which was the default rate they were charging me. The difference between what they have offered and what i was claiming is so close it's not worth rejecting. However, my acceptance was conditional on them removing the illegal default immediatly and secondly the cheque being in my hands within 7 days or by CHaps in 9 days.

Received a second offer from Capital One this morning. It offers a full refund of all charges. However, i have claimed contractual rate of interest. They are disputing this and have offered all the interest charged on the account since it was opened, ie both default interest and purchase interest. They have pointed out this would mean I had the account interest free for the whole period of account operation.

Hi Aadel,

I used the following address which works just fine. this is also the letter you need to use on the claim form if it goes that far as its thier registered office.

Natwest, 135 Bishopsgate, London, EC2M 3UR

He Lynzi,

The interest is seperate so will still be under the £5K. Use the basic spreadsheet in templates library whch will calculate the interest for you. I was in the smae boat as you so made my life easier by filing manually, ie filled in N1 and took it to the court.

Hi,

This is a typical response received from most banks not just A & L. Stick to your timescales and proceed as normal.

Have you re-checked your statements. If you have and you still arrive at the same figure, pursue the remainder of your claim. You will need to write to both the court and the Nationwide accepting as a partial settlement only.

No reason why not, but why the estimate. Have you not had your statements through? If not I would insert "I reserve the right to amend this amount once you have fulfilled your legal obligation under the Data Protection Act and provided me with the information requested".

Acknowledgement of service filed