Might be easier just to write to the bank and say that you neglected to include the wording for a claim for interest on your claim form and that it was your intention to do so. Ask them if they will consent to you submitting an amended particulars of claim or agree that the claim served will be deemed to include the relevant wording. If they do you do not need to apply to the court for permission. If they refuse just send a copy of your letter asking for their consent and their reply refusing to the court manager and ask for them to be filed on the court file. Then if it goes to a hearing the judge will see that you made a simple error and the bank refused to overlook it. I'm sure you will be allowed to claim interest if it ever gets before a district judge (particularly because, if I read your post right, the actual sum claimed includes interest) and you will not have had to spend £35 Leeeway is given to litigants in person District judges are almost without exception polite and nice common sense people who are interested in the main issues and not peripheral little errors- so why not take the inch you are given?

Best of luck Driller

Hi Jayne - i think all the bank departments are clogged to bursting at the moment. I accepted an offer of payment from Capital Bank some time back - it took them 4 weeks to send the cheque. In the meantime I got bored with waiting and entered judgment against them. They haven't noticed yet I don't think since they haven't asked me to agree to set it aside. In the words of my teenage son - "Am I bovvered?" - absolutely not. Give them a quick chase by letter and I'm sure you will be paid.

Hi Mountainofdebt. Can you let us know exactly what questions are asked of you in the defence and the part 18 request? I know its a drag for you to post them here (pm me if you like) but, as has been said in this post, we are getting to the sharp end of all this and I would like to be able to see exactly what they have asked of you before I respond. It may be that they have asked exactly the same questions as they have asked me - if so there are two possible approaches that I will be happy to discuss with you. All the best - chin up

Yep - that'll do it

£50? You lucky thing. My bank have never offered me a penny - feel quite hurt actually Good luck with your claim.

I'm at exactly the same stage myself with Corbbetts. Sent back an amended particulars of claim and a part 18 request of my own today. It seems we are all getting a stock defence saying that they can't plead to this or that and asking for further particulars, telling us what we have to prove etc. To be fair this is probably because we all used MCOL which gives hardly any space to put in the information that the defendant needs to be able to put in a proper and detailed defence. The details of the accounts, etc. is easy to provide to them. The details of each and every charge, date, etc (if they asked you all for it - they did me) should all be to hand anyway if you did the excel spreadsheet to work out your charges and the interest. The slightly more difficult (but by no means insurmountable) questions are probably the ones asking you to provide details of the contract, the sections of the various acts you are relying on etc. etc. and the part in the defence about the charges being for the provision of banking services and therefore not subject to the legislation or common law we are pleading. I'm a bit pushed for time now but I hope to be back to this thread this evening and will be happyto help anyone then if required

"She added that they had told banks they expected them to apply the principle 'across the board'. " The OFT report specifically states that it requires the banks to also take action in relation to overdraft charges. The legal reasoning in the OFT report applies equally to banks default charges on current accounts. That is why they are now running the argument that the charges are for banking services. They know that they will get buried if the charges are considered in the context of the law relating to penalties. Interestingly - In all the many years I have been with my bank they have not once referred to having provided me with banking services when writing to me to tell me they have charged me or when discussing charges on the telephone. My bank's terms and conditions don't refer to any specific services that will be provided. The leaflets setting out their charges state that "if you do x we will charge you a fee of y" NOT "if you do x we will have to do a b c and for this service we will charge you a service fee of y" The point is that on the bank's own terms and conditions the liability to pay the charge flows immediately from the existence of the circumstances of default and not from the provision of some service that the bank provides when those circumstances have arisen. The service argument wont help them much and it is clear that they are trying to present events of default as requiring additional banking services for which a service charge is payable when its clear that the argument simply seeks to disguise the true nature of the charges, i.e. that they are penalties.

Snap! Exactly. They are running the service defence. Thats great because I'm ready for that one and it means that the bank are not pleading and therefore not going to be able to lead any evidence of their costs so if the judge does find that their so called service charges are in fact penalties they wont be prepared to deal with that and give any evidence of what the true cost is. Its a stock defence and part 18 request being knocked out by a solicitor who, looking at the law society website, has only been qualilfied for 5 minutes Anyway I'm off to prepare my reply to the Part 18 request and my own request to the bank asking for full detasils of each and every service referred to or specified in the banks T&Cs (there are none) and details of each and every service provided in respect of each and every charge applied. I find it hilarious that they ask for details of the accounts (already set out in full in the letter before action which they have) and details of each and every charge (already set out clearly on the statements - copies of which they also have). If this is the best they can do then I'm going to enjoy this.

I assume that the judgment is for payment immediately? If so send a copy to your bank and demand payment by return, failing which you will take immediate steps to enforce the judgment.

Yep - if the payment was made by ccard you should ask the company to refund the money. There was a court of appeal decision very recently on this. The ccard companies were saying that the protection offered by them should only cover transactions in the UK and not abroad. They lost and the protection covers transactions abroad so if you did pay be cc I would give them a ring about it.

Thats a real foot in the mouth defence and counterclaim. The idiot legal counsel who drafted that is now comitting Egg to proving their actual losses. The very thing that all banks have consistently refused to do - even before the parliamentary commission. Priceless. I would bet my right arm that you will get your money and that defence will never see a court room As to defending the counterclaim I would do this: DEFENCE TO COUNTERCLAIM 1. The Claimant avers that the true cost to the Defendant as referred to in its counterclaim is deminimus only since it is the Claimant's understanding that the charges are levied automatically and by computer. 2. The Defendant is put to strict proof of the amount of the actual cost to it of dealing with the particular breaches by the Claimant of her agreement with the Defendant. 3. The Claimant denies that she is indebted to the Defendant in the unassessed amounts referred to in the counterclaim or at all in respect thereof. Statement of truth etc. Hope this helps

Been following your thread sean - made up for you. Hope you and your little lad have a fantastic time

Apparently yes. It must be some form of cyber self abuse - you want to get that seen to mate As to the daiy rate - just multiply the claim amount by 8% then divide the figure you get by 365 and theres your daily rate Best of luck with your claim

Absolutely do NOT wait for the bank - they will p*ss you about forever. You are claiming YOUR money and maybe for the first time YOU are in the driving seat with them. You have given them your time limit - stick to it. Issue your claim the day after your 14 day time limit expires - and enjoy

Best of luck with your claim Krystyna - dont take any s**t!! About lawyers - they can never win. If they win a case the client thinks its because they had a good case and would have won anyway. If they lose the client thinks its the lawyer's fault. I know loads of lawyers (all high street practitioners) and they are to a man and woman dedicated and committed people who provide real help to the people in the commuinities where they live. There are even some lurking around this forum offering help and assistance to all of you so don't be too quick to knock them

Hi Santamonica. Im prety sure that in Scotland you would need to split the claim - although despite being born in aberdeen thats about as much as I know about Scottish anything Although I DO know that even though your LBA asks for the lot you are still able to claim it as you see fit. Best of luck with your claim(s)

Yes and sure is easier than fiddling about with a calculator for hours on end

Hi Mindbomb - I assume GFY means Good For You? lol Best of luck with your claim - keep us posted

Just go for it bluekp - doubt whether they'll even make you issue a claim before they pay up for an amount that small

Best of luck pandc - keep us posted

Congrats Candice - nice one Oh I think we're supposed to say - have you done the survey?

I find it hilarious that since the ban came in here in Sussex its rained almost every day. Perhaps the water companies should put the bans in place at the beginning of the Winter so that we get the rain we need

Checked online - they got their defence in today - can't wait to see it. Just in by the skin of their teeth the buggers

Hi Maforduk, 1) Yes 2) Return of Penalty Charges 3) Not exceeding £5000 (assuming your claim is less than this - if more put Not exceeding £15000) 4) Use your branch address or if you wish the registered office address 5) Yes 6) leave blank 7) leave blank 8) Yes 9) There is a template for a hard copy particulars of claim in the library Hope this helps