Hi Nikki, I read through the forum quite a lot of late and I get the impression that Abbey are the Bank taking these claims the furthest.Having said that they haven't as yet won anything and I don't see that changing.With regard going to court,the best thing I can say is just be fully prepared,have all your documentation ready,copies,dates etc and go through the court bundle here on CAG it looks extremely comprehensive. I think with that kind of preparation,even if you go to court I couldn't see you losing ! Keep me posted on how you get on.Remeber there are alot of people in the same boat and also there's alot of help here ! After I send my revised schedule of charges and copies on the N1 document I fully expect to be in a similar position to you.

Thanks Armsoft every reply is of help if only for encouragement. The figures are slightly different,but I don't think it's just down to the daily interest.I think it may have something to do with me intially using MSE calculator. I'm going to put the same figures in their calculator and see if they come out the same. Think I've solved it,I was using the compound interest instead of Simple version No1 Throughout claim with contractual interest. Just bear with me,I getting it sorted at last !

Thanks again, I've just done my schedule ,but I found it slightly confusing .I did the simple version including the 8%,but I didn't include the interest debit I was charged by the bank,although I had included it in earlier correspondences with the Abbey.Does it matter ? I've now also completed the N1 form ready to send off to the court and to Abbey. The figures have also come out slightly differently as well ( although that maybe because I used the one on MSE ).But I'm guessing that as I haven't sent a Schedule to the court this won't matter ? Or am I way off ?

I think you've just answered that one ! Cheers

Yes,I got them off MSE,and I think that this is where some of my problems have arisen,as I was recommended by a friend to use CAG,but that was after I was some way through the process. I hope that everything is still ok with my claim,as it's a little worrying to get a reply saying you are a little concerned with the particulars of my claim. Would you recommend that I send a copy of my charges to the Court and can I do it online or should I send a hard copy in the post ? I will send Abbey another copy of my claim. Once again thanks for the advice!

Hi Karnevil, Here are the particulars of my claim entered on MCOL. Do you need anymore info ? I hope I haven't messed it up ? Thanks for the help ! Between 29/12/00- 23/01/03 the Defendant applied numerous default charges to my bank account.The charges applied constitute an unfair penalty under the Unfair terms in Consumer Contracts Regulations,which state:A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation. The amount does not reflect the cost of the breach.Under law of penalties,the charges are an unlawful 'extravagant'penalty. Referring to the case of 1896 Wilson v Love, a charge is a penalty if it does not reflect an item's true cost.Under the County Courts Act 1984,I am entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim.This amounts to a total sum of claim £101.45,continuing to accrue at the statutory daily rate of 0.012% until judgment or earlier payment.I therefore asks the court to enter judgment in my favour for the sum £267.29 plus interest, amounting to a total £368.74 dates stated.

Not at all Glen,in fact thanks for the help. No I didn't give as detailed a breakdown as that. So should I now send the court a detailed breakdown ( as you describe ) and a copy to Abbey ? Can I send MCOL the breakdown online or does it have to be a hardcopy ? Sorry to keep asking,but obviously I want to get everything spot on for the possibility of going to court.

Thanks Glen, I did use MCOL and listed the charges in the particulars of the claim. Should I send a full schedule and breakdown of all the charges and dates to the court and Abbey just to be on the safe side ?

Many thanks Rooster ! Will pop a letter in the post next week.

Hi, I wonder if anyone could help here or give some advice ? I've filed my claim against Abbey and gone through the various stages,yesterday I received a letter from them saying that they were in the process of reviewing this claim and preparing 'our' response, and that a defence would be filed in due course. They go on to say that I have provided no details as to how I came to to the amount of charges and that I haven't shown how, the interest charge is made up. Now,this is utter rubbish,I have provided letters with copies of the breakdown of charges that they actually provided me with and also the corresponding 8% interest charge.Each ime I sent a letter I sent this breakdown. They also ask for my contact details,which I have sent them ( all recorded delivery ). So,are they merely stalling ? Should I send a further letter,giving them this information ? Should I ignore it and carry on planning for court ? Any information would be very much appreciated. I see from some of the postings that there are several people at this stage,if you could let me know how your getting on or I can help just PM me. Thanks.