Thanks for your comments Caro, Have already issued this now (will see how it goes) but have noted your points and am editing future pocs. Have sent CCA request. Got a copy of application; no t&c's and no reference to them. Pondering my options at the mo....reading CCA thread.

Thanks tant. Hope you didn't get drunk. I was just reviewing my POC and thinking what a waste when I noticed the numbers didn't stack up against my original prelim request to NatWest. I have now realised that the original request did not include some further charges that pre-dated those claimed for (about £200), and of which, I had included in my POC but obviously had forgotton to send a revised claim to NatWest. I think NatWest might have been able to get my claim thrown out with differing figures!. Anyway, I'm just wondering whether I might use the excuse, that I had omitted additional charges, to refuse this offer and revise my claim to include these other charges plus the interest on everything. Comments welcome

Hi all Was just wondering what others views might be on this. Sent prelim to NatWest for charges only - no response Sent LBA - No response within the 14 days. I should have started court action at the beginning of June, as detailed in my LBA to NatWest, but things have been a little strained the last few weeks with my 6mnth old son being admitted to hospital and being self employed etc., and so getting my POC together has taken longer than hoped. Had just about completed POC when got letter offering all of my claim but this arrived 3 weeks after deadline. As I have now done the research and got POC ready, I feel I have exhausted a lot of additional time and effort, if I were to accept the original offer. I know courts will allow 8% s69 and maybe an award for time and costs, and in my POC I was asking judge to consider contractual interest at 29.5% or 16.99% or 8%s69, even though my original request to NatWest did not include contractual interest. Do I just accept the offer and put it down to experience OR maybe I should write to the effect that they never responded within the time given and ask to increase their offer by say £100 for time wasted and 8% interest rather than court OR carry on with POC application including contractual interest? Thanks tant. Hope you didn't get drunk. I was just reviewing my POC and thinking what a waste when I noticed the numbers didn't stack up against my original prelim request to Natwest. I have now realised that the original request did not include some further charges that pre-dated those claimed for (about £200), and of which, I had included in my POC but obviously had forgotton to send a revised claim to Natwest. I think Natwest might have been able to get my claim thrown out with differing figures!. Anyway, I'm just wondering whether I might use the excuse, that I had omitted additional charges, to refuse this offer and revise my claim to include these other charges plus the interest on everything. Comments welcome

agree completely automated! my notice of a breach is actual one line on my next month's statement, which would have been sent in the post anyway so its the cost of the ink for that one line. Also agree they've been justly enriched with the extra interest on the missed payment, especially at their rates.

sparkie1723 £12 still unlawful Roughly, OFT said that they would not pusue a credit card company if there charges were set at this level, but they did not say that £12 was lawful. They are still penalties that do not reflect their loss or pre-estimate of cost. Claim 'em back!

ok dave will go for a read.......good luck!

tant23 Just thought they never replied to my prelim at all, so where does it say they will sort out in 8weeks?

Hi Un1boy Had to go out for a while. Sorry I understand that no interest can be charged to my account from when they are in default of CCA, however the point I was trying to make was whether there is case to claim back the interest that my credit card company have been applying to my account balance, every month since the account was opened. if there is no prescibed terms or properly 'executed' agreement, hence no term stating that they can charge a given rate of interest? Could it not be argued that this interest has been applied unlawfully?

Hi Sparkie I note your point about the debt, after all it was (alledgedly) borrowed and (morally) it should be repaid, however regarding interest charged; If the credit card company cannot supply a copy of the executed agreement including the prescribed terms, then on what basis can they argue to charging a given rate of interest, or any interest for that matter, as they cannot prove that it was agreed to pay interest on any sum that may have been borrowed, hence would they not have to refund this interest?. I know the law is often complex and I am just a layman, but what am I missing?

sorry and petcat

thanks tant

The letter does purport that the charges are for services and therefore don't agree with my original compalint however here's your charges back anyway. Sign attached form- full and final settlement

yes. about 7weeks

thanks for the advice un1boy and josie Will get my letter off asap. but just to continue with my education,if you don't mind that is. I understand that while they cannot supply the CCA then the debt is unenforceable but doesn't go away. Does this just continue as is forever or until they find the CCA and have it enforced? Also I have read amongst these pages about all interst/payments ever made, being repaid. What are the circumstances of this and is this something we can request or is it just a possible course of action for the relevant authorities to deem? Regards

Forgot to add Claim for charges about £1500 8% would add about £850 16.99% would add about £2750 29.5% would add about £8500 Well worth trying for contractual but now that I have been offered my charges back, I don't know what to do?