Hi, yes i have, just been to busy to update the forum. Will do it at the weekend when i can share the good news with everybody. NR sent me a check for the full claim of over £3k including my £120 court fee as well as daily interest right up until the day the cheques was issued. They gave the reason as " for commercial expediency and without admission of liability blah blah blah". There 28 day deadline was 16/11 and i got the cheque on the 13/11. Easy peesy, oh and by the way i claimed all charges for all overdraft and d/d charges, never mind working out which ones were legit and which ones weren,t? Just go for it, they always pay up. They will acknowledge your claim saying they intend to defent the full claim. This then buys the the 28 days before they roll over. PS. There was a court case in Southend the other week and the judge ruled in the favour of the client against both banks, Lloyds TSB and Barclays I think. So even the courts on our side. SO go for it and rip their bol>>>ks off!! Good Luck. Cheers Ned.

Hi Guys, well here is the latest update on my case against N/Rock. Notice served on them on 18/10/06. Acknowledged on 20/10/06. Defending all of claim. Peter Ashcroft instructed as defendant's solicitor. Bankers have 28 days from date of claim. Hope they don't settle so I can have my day in court. They have not got a leg to stand on and will be laughed out of court. Either way, I look forward to getting my money back one way or the other. Catch u guys later!! Cheers Ned

Thanks John, I was thinking about writing into NR after they have settled in full. I was going to complain about their general attitude and treatment over the years, bearing in mind i was employed by them for 3 years. I was also going to ask them what form of compensation they were prepared to offer in light of the above? After all i am so incensed at their treatment that I have got the main local newspaper here in sunny Newcastle interested in my story. After my settlement of course. What do you think? Or should i just let them off the hook? Cheers Ned

Hi Guys, after getting a reply back from another member today to confirm the BANKERS defended and then settled in full days later, I have submitted my claim on line some 5 mins ago. What if they settle in full, can I refuse it and state I want my day in court to have my case heard and hopefully publicly shame the bankers? From all the threads and FAQS etc, it seems the banks do not have a case at all, hence them settling before the court date on every occasion? I am looking for opinions here guys, what do you think. Should i just take the money and run or make a stand and shame the bankers in public? Or will this spoil it for future claimants? Because I would not want to do that. Cheers Ned

Cheers, I have just submitted my claim on line and been given a claim number to track it on line. Here's to a big fat cheque dropping thru my letterbox. 0:) Ned

Hi thanks for the quick reply. I have just re-calculated all of my charges and intend to fill in Moneyclaim form on line tonight. I just needed some reassurances that the BANKERS have paid claims out? You have just made my day. Cheers and good luck with any other claims 0;) Ned

Hi, just checking again on whether NR have settled your claim or gone to court? It has been over 2 months since your last post. If you have been persuaded to sign a confidentiality form, just reply to me and say so and I will take that as a success on your behalf wiithout you having to divulge any info. Cheers Ned

Cheers Guys. I will read thru the Moneyclaim form again over the weekend and slap a 1 in next week. Bring it on u bankers:mad: Cheers Ned

Hi guys, well as expected, I got a reply back from N/Rock today. Here is the main parts of it. NR does not consider insufficient funds in your account to constitute a breach of contract. The T&C's envisage that your c/account may be in 1 of 3 states; in credit;in an authorised overdraft or an unauthorised position. Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd(1915) clearly stipulates that the ? as to whether a charge is a penalty is to be decided on the terms of each contract. In moving to a position of unauthorised overdraft your c/a is still within a position envisaged by the T&C's. Accordingly, you are not in breach of contract and therefore the issue of damages for breach does not arise. As a matter of law, the courts will only find that a contractual term represents a penalty where, on breach of contract , that term provides for a measure of damages that is not considered to represent a genuine pre-estimate of loss. Further, there can be no suggestion that the charges represent an unfair term under the Unfair Terms In Consumers Contracts Regulations 1999("the Regulations"). You should be aware that the regulation 6(2) sets out that they do not apply to core terms of the contract and nor do they apply to the adequacy of the bargain between the parties to a contract. The charges for services provided under your c/a go to the heart of the contract between N/R plc and yourselfand in addition, very clearly go to the adequacy of the bargain between it and you. For these reasons, in accordance with regulation 6(2), the Regulations are not applicable to the charges applied to your c/a and those charges are not unfair terms. In addition, as previously stated in our previous letters, if your request is intended to represent a Data Subject Access Request under section 7 of the Data Protection Act 1988, please send your request in writing and a cheque for £10. ( I am not aware that i have requested this in the template letters, have I?) With regard to the threat of court proceedings, N/R plc looks forward to receiving your substantive response to the issues raised in its previous letters. N/R plc does not consider that your letters (template ones by the way) disclose reasonable grounds for bringing a claim against it, and nor, if such a claim were issue, that it would have any prospect of success. In light of having to restate the legal position, it is strongly recommended that you seek independent legal advice if you are unsure as to the meaning of any of the above. Are they not just repeating much the same mumbo jumbo as last time? What now, do I slap a Money Claim form on them or what? Or do I have to reply to them a 5th time. I think they are just taking the peeece out of me/ Words of advice would be greatly appreciated guys!! Phew, I need a drink. Cheers Ned.

LM is Lynne Mathews the customer support manager for NR. Yes it means weee but i did not want to swear on here:smile: . Cheers Ned

Miss Pickles suggested it:o . Because they have already had 14 days with the first LBA i sent them and I thought it will show them i am serious? Plus LM sarcastic replies have started to boil my pias!! I reckon she is a sad old carpet muncher. Letter back today saying it has been passed over to their legals as usual. Expecting another sarcastic response. Am already researching how to fill in my Money Claim form etc. Keep you posted. Cheers Ned.

Hi, I have just sent Zoot's letter with the tail end of the template LBA giving them a final 7 days. They replied back today, it has been passed over to their legal dept. I think LM is either a sarcastic, rude, frustrated old bag or a fat blonde carpet muncher? Take your pick. Are you now saying that NR have settled your claim instead of going to court? I hope so. Cheers Ned.

Doin god John R. Yeah, Peterbard go gat your own thread!! Ned

Hi Guys, been away on biz last week and did not want to rush my response letter. Anyhow sent my letter off today which was a copy of Zoot's letter amended slightly with the tail end copied off the LBA template letter. Except this time I have said it is my final letter before making a claim in court and have only given them 7 days to respond. I have also sent it recorded delivery so one of the bankers have to sign for it and i have a tracking facility on the Royal Mail website so i can see exactly what day and time it was signed for. I will keep you guys posted as soon as i have a reply. Cheers Ned.

Thanks guys, I am overwhelmed with guilt for doubting the good guys out there!! I must also agree with you guys in saying, what a BELTER OF A LETTER from Zoot. I will raise a glass of the dark stuff (Guinness) in your honour tonight at exactly 8.30pm. I now say, BRING IT ON Northern Rock, you bankers!!! I will keep you guys fully updated. Cheers me dears, Malcolm. 0:);

Hi Miss P. Basically I wrote in and requested 6 years charges applied to my current account. They sent these out and they came to nearly £3000. I then wrote to them claiming a full refund as the charges applied were deemed as unfair and unlawful. They then replied denying that the charges applied were unlawful, unfair or represented a penalty. Under there T&C's they supply services to me and apply charges and interest in return for these services. I had signed to say that I had read and understood these T&C's. There are 3 states of position of my account, in credit,authorised and un-authorised overdraft situations. They say my account is still envisaged as being in a position within the T&C's and therefore not in breach. Then they claim under law, a penalty where there is a breach of contract and the measure of damages is not considered to represent a genuine pre-estimate of loss. In summary, the charges are for services provided. I then sent a 3/4 LBA template letter. They replied with the folllowing; It appears from your letter that you have failed to grasp or chosen to ignore the key legal issues in relation to charges for services provided etc. Charges on current accounts are for services provided and are not default charges. In law, for a clause to be deemed a penalty clause, it has to operate due to a breach of contract. The current account charges are entirely lawful, they are not an illegal penalty and nor are they unfair or unenforceable. Northern Rock looks forward to to receiving your substantive response to the legal points raised in this letter and the other letters.We do not consider that your letters disclose reasonable grounds for bringing a claim against it, nor if such a claim were issued, that it would have any prospect of success. What I need to be sure of from this point, is what kind of response to i reply with. As suggested, maybe an exact copy of the LBA template letter or do i need to respond to their queries they have raised. HELP. :? Cheers Malcolm

Hi everyone, not much response on this 1. I must say i am disappointed with the help and advice not being received from the more experienced people, who have 'been there and got the t-shirt'. I just feel that my next move is crucial and has to be spot on content wise to show these arrogant bankers they cant just push us around.. Any advice out there will be more than welcome. Cheers.

Thanks for that, I am going to wait and see if BW replies with anymore advice. Cheers. Ned

Thanks for that Tigs. You seem to have your hands full at the moment. Good Luck and i will keep my thread fully updated. Did you manage to read my first post and if yes, what did you think of there replies? Cheers NED. 0:)

Thanks for that slap bookworm!! I did read the FAQ and step by step instructions before i sent the template Letter before Action from the library. However, I misunderstood about when to send the 8% pa interest calculations etc. I thought I needed to send them a copy because it stated I would make a claim in court, 'without further notice'. I have just posted another thread in the 'other institutions' forum for everyones attention and help. Cheers Maximus69.

Hi everyone, has anybody else tried to claim back bank charges from Northern Rock? I wrote to them and received 6 years of charges applied to my current account. I then wrote to them stating the charges were unlawful etc and asked for a full refund. ( i did not know about the Preliminary & Letter before Action templates) They wrote back refuting that the charges applied to my account are unlawful, unfair or represent a penalty etc. PLEASE FIND A FULL VERSION OF THERE REPLIES IN THE WELCOLME FORUM, page 5. I then sent a slightly altered version of the Letter before Action template letter to them with a copy of the 8% pa interest calculations etc and stating I would be making a claim without further notice etc. I now realise I should not have sent the 8% calculations etc. So i have dropped a bollock, but my problem is where do I go from here? In reply to Bookworm, i have read all of the FAQ and step by step instructions again. CAN YOU PLEASE READ MY ORIGINAL POST AS DESCRIBED ABOVE AND LET ME KNOW WHAT i NEED TO DO NEXT? Cheers Maximus69

Hi All, I have wrote to my bank (allegedly ) and received a copy of the last 6 years charges etc. I then wrote saying they were unfair and unlawful etc and wanted a full refund. They wrote back and claimed they provided services to my current account and apply charges and interest in return for those services set out in its charges leaflet that forms part of the Terms & Conditions. They then go on to say the charges vary depending on which of the 3 states your account is in. If in an unauthorised overdraft your account is still within the T&C , accordingly you are not in breach of contract and therefore the issue of damages for breach does not arise( I have never asked for any damages?).As a matter of Law, the courts will only find that a contractual term represents a penalty where, on breach of contract, that term provides for a measure of damages that is not considered to represent a genuine pre-estimate loss.(What the hell are they talking about?) In summary, the charges applied to your current account represent a core term of the contract with N/Rock, they do not represent any form of damages for breach of contract and are simply the agreed charges for services provided.In return N/R have acted entirely within the T & C's agreed by you in relation to your current account and NO Refund of the charges will be forthcoming. I then sent off the standard letter before action with a copy of the charges plus 8% pa compounded interest using the websites calculator. I have just received there response as follows; It appears from your letter that you have either failed to grasp or chosen to ignore the key legal issues in realtion to charges for services provided to N/R account holders as set out in our last letter to you. They then go on about "charges on current accounts are charges for services and are not default charges" and " in law, for a clause to be deemed a penalty clause, it has to operate due to a breach of contract. Then they say, the charges made by the c/acc provider for those services go directly to the adequacy of the bargain between the c/ac holder and the c/acc provider and as such, are a core term of the contract. The combined effect of these points is that the current acc charges are entirely lawful, they are not an illegal penalty and nor are they unfair or unenforceable. For the avoidance of any confusion, N/R plc has only ever actes as your c/acc provider and not in any way as your personal banking service provider or any other posistion that might arguably be considered to place it in the posistion of your fiduciary. With regards to your threat of court proceedings, N/R plc looks forward to receiving your substantive response to the legal points raised in both of its letters prior to the issue of any proceedings. We do not consider your claims disclose reasonable grounds for bringing a claim against it and if so, that it would have any prospect of success! In the event that proceedings are issued without your having provided a substantive response to the legal issue raised, N/R reserves the right to bring such a failure to respond and the contents to the attention of the court in relation to its costs. If we do not hear from you within 8 weeks, I will CLOSE your complaint for you. Now I am boiling!!!!! My last standard letter I used from the cag website stated that I would begin a claim etc without further notice? Do they not read the letters. I have never once said i was charged for being in breach, or damages etc. What the hell are they waffling on about? Oh and they also state, " the reference to the OFT report and this was in relation to credit cards and not service charges on current accounts. As an aside, it is for the courts rather than the OFT to decide what is or is not unlawful. HELP. Are they trying to scare me off as well as taking the p;;ss out of me. Because I am prepared to go all the way. I would really appreciate any response from people who have had similar and went on to win their argument and get a full refund? Cheers from a cheerful Geordie. Malcolm.