I wouldn't enter into any telephone conversations with them. Keep it all in writing and you then have written proof and should it get as far as putting your bundle together you have physical proof.

It will cost you nothing to file a claim as you will get it back as well as what you are entitled to. I would go for it. It is your money not theirs. Accept the £100 as part settlement only.

no just refer them to their letter dated..........12/06 and accept offer as partial settlement but carry on claiming the rest. Take a look in the template library for the letter accepting partial settlement and adapt for your use.

I wouldn't engage in telephone conversation. Keep it all in writing, this way you have proof of what has been said and done.

Delaying tactic on their behalf. Stick to your timetable and continue with letter before action. 40 days is ample for them to retrieve your account information if you gave them the correct details

Yes carry on as planned. Accept payment as part payment only and proceed to next step.

I was under the impression that the N244 form was to amend a claim. To file for judgment you simply tear off the slip attached to the notice of issue. This form requests you to fill in the charges and interest up to date of filing for judgment. No cost. am I wrong? this is what I have done.

I doubt if they will send you the partial amount. You will have to wait for the full amount. hang in there

Accept as partial payment and persue them for the rest see jonnibads template leter

Very encouraging post. Thanks Caro

Goodison I note that your AMMENDED particulars are the same as my business particulars. The Court has sent me a date for a hearing for my case to be struck out as I cited the 1977 UCTA. Please note I ommited the 1999 consumer acts and it is still subject to being struck out! BTW thanks for replying on my thread.

Zoot and Robert, thank you so much for looking over my thread. I will do some heavy reading and carry on regardless. Polly

Thanks Zebbydog I will wait for a mod to come along.

i Couldn't include the consumer contract regulations as it is a business account and I believe that regulation doesn't apply. I am stuck on this one. Not sure what to do next, how do I get a mod to go over it without pestering them? Polly

This is what is stated on their N244 application form and there is a notice of hearing date for 29 december. STRIKE OUT EVIDENCE We wish to rely on the following evidence in support of this application: The claim in these proceedings was issued on 19th September 2006. The claim form was served by the court and the deemed date of service on the defendant is 21st September 2006. The claimant seeks to rely on the following legislation as a basis for his claim: 1. Section 4 of the Unfair Contracts Terms act 1977 (“UCTA”) Section 4 of UTCA relates to contract terms where one of the parties to that contract is a consumer. Section 25(1) of UTCA provides that “Consumer” has the meaning assigned to that expression in the definition in the same section of “Consumer Contract”. “Consumer Contract” is defined as a contract in which one party to the contract deals, and the other party to the contract (“the consumer2) does not deal or hold himself out as dealing, in the course of business. The claimant deals with the Defendant in the course of its business. The claimant cannot therefore rely on Section 4 of UCTA. Section 3(1) of the regulations provides that in these regulations, “Consumer” means any natural person who, in contracts covered by these Regulations, is acting for purposes which are outside his trade, business or profession. As noted above the Claimant deals with the Defendant in the course of his business. The Claimant cannot therefore rely on the regulations. In the circumstances, it is respectfully submitted that the particulars of claim expressed within the claim form disclose no reasonable grounds for bringing the claim and accordingly liable to be struck out pursuant to CPR Part 3.4(2)(a). In seeking an order for strike out of the particulars of claim, the defendant also seeks an order that the Claimant be ordered to pay the Defendants costs for the proceedings. In any event, the defendant respectfully submits that the claimant should be ordered to pay the defendant’s costs of this application.

Yorkshire bank are going for a strike out on hubby’s business claim. I read somewhere on here not to cite 1999 consumer regulations in my claim so I omitted it but still cited UCTA 1977. Now the court have written to me stating that there will be a hearing of the defendants application for strike out. Yorkshire bank are claiming that it be struck out pursuant to CPR Part 3.4(2)(a) and that the claimant cannot rely on section 4 of UCTA. Here are my particulars of claim The Claimant has an account xxxxxxxxx with the Defendant which was opened on or around 1990 2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £ 314.00 and any interest charged thereon; b) Court costs; c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just plus daily interest at 8% of £314.00 from date of issue until settlement. What should I do now? Is it a scare tactic or is it serious? Polly

where can we see the findings or report from the ICO?

Best send it to the address on your notice of acknowledgement unless you hear otherwise. (Usually DLA Piper) How are we supposed to know that they have changed solicitors unless they write to us and tell us.

Not sure what's happening with the change of solicitors. I have just received an aknowledgement of service dated 11th Oct and it is still showing DLA as their solicitors and address for service of documents!

Hi Sarah You use the spreadsheet but delete the interest showing. You claim the interest when you file the N1 or MCOL. At the moment just claim the penalty charges.

I believe the procedure for claiming the penalty charges are the same but do not cite 1999 regulations in court claim as this does not apply I have read some where on this site. I am in the process of claiming from RBOS for a business account which is a sole trader. I am at the point were Cobblers keep sending letters for more info and have sent their defence which I think is the same as everyone elses.

You need to send them the prelim letter then the LBA and then file on line or go to the county court with N1 form. Claim the charges right up to filing. This would include the past 2 months of charges. You will still get charges while the process is running so you will need to claim again after all this has finished to get back what they have charged you since claiming. Soes that make sense?

I would personally stick to your timetable. Should it ever get to court it will show that you have stuck by your word and what you stated in your LBA or prelim letter.

I personally demanded all the charges that were unlawful in my preliminary and LBA letters. When I filed in court I used the spreadsheet and claimed the 8% and also added that the 8% was incurring daily. it is amazing how much extra this adds on. In fact in some of my cases I was hoping that they didn't settle before court action as the 8% is well worth having. Hope this helps and I would defo go for the interest. Polly

Why would you want to do that? use the spreadsheet and claim the interest when you actually file your claim. Why not get back what is yours? Polly