Hi Pete Thanks for that most comprehensive advice, I'll cetainly reply accordingly. Cheers NJB

Hi Pete, I used N1 route to retain a bit more control. NJB

I received Cobbetts dence on 12th Feb, how long before AQ arrives from court?

Hi Pete, In terms of deliberate intimidation, Cobbetts state that my claim is not properly particularised & they invite the court to direct there be a case management conference etc. From reading other threads, this is now a standard Cobbetts response. I am confident that my claim was particularised correctly. I'd be interested to know how this defence is being viewed by the courts. Kind regards NJB

Thanks for the encouraging response. Could you or any reader direct me to threads where Cobbetts have entered the same type of defence? I’m keen to learn how their defence stands up & how it is countered & overcome. Also, any info on reversal of credit default notices would be very helpful.

Hi Westy I've taken your advice & "gone public". Couldn't speak to my psychiatrist today, so made the decision unilaterally The thread is: Cobbett's file defence; POC do not disclose reasonable gorunds etc (Sorry about typo). Cheers NJB

Is this Cobbetts latest defence strategy, has anybody had similar?? How do I counter their defence?? Which interpretation of The Unfair Terms Act 1977 (UCTA 1977) & The Unfair Contract Terms in Consumer Regulations 1999 (the Regulations) will the court uphold?? Which sections/regulations/provisions of UCTA 1977 & the Unfair Contract Terms in Consumer Regulation 1999 support the CAG position? DEFENCE 1. This Defence is filed and served without prejudice to the Defendant's case that the Particulars of Claim do not disclose reasonable grounds for bringing a claim against the Claimant to recover the bank charges (and interest thereon) referred to in the Particulars of Claim or any other sum(s). In the event that the Claim is not properly particularised then the Defendant will apply to strike out the claim and/or for summary judgement in respect of the same. 2. On allocation the Defendant invites the Court to direct that there be a case management conference in order for the Court to consider the making of appropriate orders to give the Claimant the opportunity to properly particularise his claim. 3. No admissions are made as to what charges have been debited to the Claimant's bank account. 4. In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the Unfair Contract Terms Act 1977 fUCTA 1977'") and/or the Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations") and/or the common law, the Claimant is required to identify: 4.1 (a) the section(s) of The Unfair Contract Terms Act 1977 ("UCTA 1977"); (b) the regulations of The Unfair Contract Terms in Consumer Regulations 1999 ("the Regulations"); and © the principles of common law relied upon by the Claimant in alleging that the contractual provision(s) referred to are unenforceable; and 4.2 the contractual provision(s) that the Claimant alleges are invalid by reference to UCTA 1977 and/or the Regulations. Until such time as these sections/regulations/provisions are identified the Defendant cannot plead to the allegation referred to in paragraph 6 above. The Defendant therefore reserves its right to plead further to the allegation once (and if) the Claimant identifies the relevant contractual information. 5. Save as hereinbefore appears the Defendant joins issue with the Claimant on the claim(s) and denies that it is liable to the Claimant as alleged or at all. My Particulars of Claim Money claim for return of penalty charges applied to the Claimants bank account by the Defendant Value Charges £2,957.82 Overdraft interest £113.88 Interest under s.69 County Courts Act 1984 £968.37 Court fee £120 Total £4,160.07 Plus interest pursuant to s.69 County Courts Act 1984 from the date of issue to the date of judgement/settlement at £0.89 per day or at such a rate and for such periods as the court deems just. Particulars of Claim (attached)(to follow) 1. The Claimant has an account xxxxx ("the Account") with the Defendant which was opened xxxxx 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 Terms in Consumer Contracts Regulations (1999), 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 £ 2,957.82 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. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S. 15 of the Supply of Goods and Services Act (1982). I believe that the contents of these particulars of claim are true.

Hi Westy Thanks for your reply. I've scanned My N1 & placed it below: Do you need to see spreadsheet & if so, How can I get it to you? I'm concious of the fact I am taking up your time & not sharing my experiences in the open forum, for the benefit of others, for reasond already explained. It is my intention, at the end of this to summarise the "ins & outs" of my battle in the forum. If you believe I'm being unduly paranoid, I'll make it public now. Defendant(s) NatWest Bank PLC 135 Bishopsgate London EC2M 3UR Brief details of claim Money claim for return of penalty charges applied to the Claimants bank account by the Defendant Value Charges £2,957.82 Overdraft interest £113.88 Interest under s.69 County Courts Act 1984 £968.37 Court fee £120 Total £4,160.07 Plus interest pursuant to s.69 County Courts Act 1984 from the date of issue to the date of judgement/settlement at £0.89 per day or at such a rate and for such periods as the court deems just. Defendant's name and address NatWest Bank PLC 135 Bishopsgate London EC2M 3UR Amount claimed £4,040.07 Court fee £120 Solicitor's costs Total amount £4,160.07 Does, or will, your claim include any issues under the Human Rights Act 1998? | | Yes 0 No Particulars of Claim (attached)(to follow) 1. The Claimant has an account 65972465 ("the Account") with the Defendant which was opened 7th February 2001. 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 Terms in Consumer Contracts Regulations (1999), 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 £ 2,957.82 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. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S. 15 of the Supply of Goods and Services Act (1982). I believe that the contents of these particulars of claim are true. Kind regards NJB

Has anybody had any success or experience in reversing default notice's? Any information would be much appreciated. Cheers NJB

I wrote to Natwest on 28/11/06 & 15/12/06 (LBA). Neither letter received acknowledgement or response, so I filed N1 in county court on 11/01/07. On 17/01/07 I received a response to my letter of 28/11/06 making an offer. I have written back (18/01/07) accepting the offer but with strings attached. Including, writing off overdraft, removing negative credit reference etc. Am I right in assuming that this correspodence is seperate from my claim in the county court and if natwest do not respond by 29/01/07, I can apply for judgement by default??? Cheers NJB

I felt just like you. 2 letters (prelim & LBA) sent to Natwest & both ignored. Take time with the preparation of your N1 & schedule, use the N1 template & make sure all the correct boxes are filled in. I took mine to my local county court & the Clerk did a quick check to confirm it was correctly completed. Having done that, I took time to study what response I might expect & how handle said response. I understand that all claims seen through to the bitter end have been successful. I like to monitor the running totals on the CAG homepage daily, just for the boost. Good luck with your claim, don't "bottle out" that'a the response the banks are hoping for!!

Hi, I'm about a week ahead of you. You send 3 copies fo N1 to the county court. 1 is kept by the court, 2nd served on bank & 3rd is returned to you. Cheers NJB

I anticipate I will receive an AQ in the next few days. What is the current thinking for handling this part of the claim?

Thanks, that's very helpful, it's good to be one step ahead. Cheers NJB

I am taking my N1 to the local county court today. What response / defence can I now expect from Natwest?

That's great, thanks

What address do I put on the N1 form for natwest?

Thanks for yor help, that makes a figure of £0.67. Does that seem reasonable?

I do not understand how to calculate the daily rate of interest from the description below, taken from the N1 POC template. Any clarification would be appreciated. Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)

The reason the interest is so high is because the loan was rescheduled by NatWest Debt management department. Do you feel I should start the claim by simply going for return of bank charges & overdraft interest and then claim section 69 8% at the appropriate time as a 1st step. Then having got a result with that submit a 2nd claim to recover interest on the loan?

Hi breadline. I had been charged approx £3,000. At this time, my finances were in chaos. As a conseuquence, I closed my Natwest account (Worrying that they would call in my overdraft & leave me no money to live on). I opened an account with another bank & my salary was paid into to that one. That left me with an overdraft with NatWest of approx £1300. They did not accept my proposals to repay the debt so it went to there debt managemnet dept, who were obliged to accept my offer but slapped 24.1% interest on the debt.

I've got my head around the issue of contractual or overdraft interest & my prelimary letter will include a claim for the return of bank charges, plus a sum for interest on penalties. I need advise on how to handle & calculate a claim for the interest on the loan (@24.1%, taken out to pay bank charges, when the account was suspened, it still has 3 yrs of 5 to go). I think I should initiate a claim for charges & contracual interest 1st, get a result & then proceed with a 2nd claim for the interest on the loan.

Hi Josamolly, Thanks for the advise.

I'm trying to help my son recover bank charges from NatWest. we've entered data into the CAG spreadsheet template & the total is £2,903.80 plus £923.26 interest. He has since closed his account with Natwest, but at the time of closing, he had an overdraught of £1300. This was converted into a loan, with him paying back £35.75 per month over 5 years, with an interest rate of 24.1%. As the loan was taken out to pay non-legal bank charges, can we include a figure in the claim for interest paid on the loan & also can we claim interest on the interest paid? So far, he has paid over £1,280. We wrote to NatWest on 2nd October requesting a statement for the loan, which we have not yet received. After a phone call chasing the statement, we learned that it had been sent to the address where my son lived 2 years ago, despite giving precise address details in our letter. Until we get the statement, we cannot move forward to the preliminary letter stage. Any help would be appreciated. Regards NJB

I'm trying to help my daughter reclaim her bank charges from Barclay's. Charges total £460 with an additional interest of £115.62 (as calculated by the CAG spreadsheet). We have sent our 1st letter (CAG template preliminary approach for repayment) giving them 14 days to respond. They have now responded to the letter stating that they are looking into the claim but that they cannot stick to our timetable. They have said they will respond within 8 weeks. Should we give them 8 weeks or proceed to the LBA on 20/11/2006? NJB