I might as well just wait and see what happens I think. I'll call the court on the day the 21 day period expires to see if DG managed to get the stay in or not (I'd be surprised if they don't), and then I guess next step is to apply for it to be set aside. Your letter looks good, but I don't use the account anymore so I don't really care about new charges. Thanks for offering though

I guess you're right, but I feel a bit helpless just waiting to see what I receive. The letter states 'If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it'. The question is what would I be asking to have set aside as the order only says the judge will stay the case if DG provide information in writing within 21 days at 4.00pm...

I received letter from court today, thought it would be the AQ. But no! It was actually an order from the judge saying that provided DG can confirm in writing within 21 days that 'there is any point of law to be decided in this case which will be decided by the court in the test case' then he has ordered: 1. This action to be stayed pending the final decision of the test case 2. DG must within 21 days of the end of the stay file at Court and serve upon the claimant a brief case summary and proposed directions 3. Liberty to either party to apply on notice to vary and discharge the order. The order is dated 16 August so I'm confused as to why I was told by the clerk there was an AQ ordered on the 24th? It doesn't make any sense.. So does this sound like a proper stay or is it a warning that a stay is going to be ordered as long as DG send in the paperwork within 21 days? Do I apply to have this order set aside using the N244 form or can I not do that until a stay is confirmed. I'm confused... The other thing that's confusing me is the fact that there is no date mentioned. Every post I've read about stays mentions them being given a specific date, but this letter only says 'pending the final decision of the test case'... help!!!

Called up the court to ask what was going on as the case was transferred more than 3 weeks ago. I was half expecting that it had been stayed, but was pleasantly surprised that it is still going ahead. The judge has apparently ordered an allocation questionnaire only a few days ago, so should receive that next week. Good news I guess.. Next step is to learn how to handle the AQ in the best possible manner....

What POC did you end up using by the way? In light of the automatic stays my strategy fell apart and the POC I have prepared is way too light for an N1. I would have liked to use the solicitor prepared POC for RBS but it targeted strictly to current accounts... Thanks

yeah no worries!

thanks Chris. looks good to me. i was going to use a slightly modified version of the one in the template library, but yours looks better suited (and appropriate as it has been tried and tested).

As many others have done I only received a repeat of the initial offer after sending the LBA. Should I reject this offer as well? I did say in the LBA that I wouldn't be in touch again so I'm guessing it isn't needed. Anyway, MCOL next. I've been looking around for some particulars of claim, but the only ones in the template library apply to current accounts. So if any of you nice people could point me in the right direction it would be appreciated. thanks

Finally received the court transfer document from MCOL the other day. Took more than a month, but I guess in the current situation the case is likely to get stayed anyway so... Should I still send a nudge to DG or will they just disregard? Even if they do disregard maybe I should send just to illustrate that I'm trying to resolve before it goes to court...what do you think?

Spoke to a nice lady at MCOL. Apparently my case had been forgotten (in the age of computers how this happens is beyond me), but she was going to flag it up with her manager. So hopefully something will now happen... So not only to do we have to contend with the bank's delay tactics, now the courts are doing their bit as well....:o I know the courts are overworked due to these cases but this simply isn't acceptable! Then again, what am I supposed to do about it...

I still haven't received anything from MCOL (or my local court). It's been more than 3 weeks now. Have they lost my paperwork? Anyone know if there is somewhere I can call to get the status of my claim? thanks

I guess that would work. Seems a bit pointless sending two letters, especially when the rejection letter is only two lines of text.... thanks for your help!

So my LBA is due out today and I still haven't posted my rejection letter. I know...slow, but there was nothing to gain by being quick! Anyway, as I'm due to send both letters at the same time do you think sending them in the same envelope is okay? Or two small envelopes in a bigger one. It would save me approx £5, but whether it is acceptable in legal terms is another thing. Opinions please... thanks

Aah i see! I actually live in Loudwater (it's not great, but not too bad), but I definitely would never say it is High Wycombe...A bit snobbish I guess

thanks people! I was just starting to get worried about it so following chauvesouris lead the paperwork will probably arrive in the morning... pinkdutchess: I feel for you. HW is a dump...

anyone have any steer on how long it normally takes to be transferred to your local court? and does the information come from MCOL or from your local court? i guess my local court will be high wycombe so if you have any experience with it i'd appreciate your view... thanks

Received offer letter yesterday. I must say they are quick to deal with incoming mail. So well done Mint/RBS... Anyway. The offer was for approx £110 and it explicitly said it was the difference between what I was charged and the current charge (£12). So... Reject or accept as partial? Most people seem to reject (makes it more transparent I guess), but is there a good reason not to accept a partial refund and then continue the process including MCOL (if needed) for the remainder? LBA isn't due to go out for another 6 days so I've got time to prepare a strategy..

I've had a request for a copy of the modified credit card LBA I used as a prelim letter so here goes.. thorx ----------------- [YOUR ADDRESS] Mint Cards Customer Services PO BOX 6050 Southend on Sea SS99 1WL [DATE] REQUEST FOR REPAYMENT OF CHARGES Dear Sir/Madam, CARD/ACCOUNT NUMBER: [CARD NUMBER] I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I calculate that you have taken £XXX plus £XXX which you have charged me in interest for the sums which you have taken - Total £XXX. I enclose a schedule of the charges which I am claiming with this letter. I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours faithfully, [sIGNATURE] [PRINTED NAME]

Hi Chris I've just sent off my prelim letter to Mint today. Like you I'm going to add contractual interest (16.9%) but you don't do this until you go to court. I would say you claim up until today as they still haven't paid you the money back so it's only fair they are charged the interest until they finally refund you. No you cannot charge the statutory 8% on top of that. It's either contractual or statutory. Good luck!

While I'm waiting for my claim against HSBC to go to court I've decided to go after charges applied to my Mint credit card.... I already had copies of all statements so used them to build my charges spreadsheet last night. The total inc interest on the charges came to a total of approx £480. I used the credit card LBA in the templates directory after modifying it to resemble a preliminary letter. I sent it off special delivery today... So now we'll see how long it goes before they make an offer. I've read through most of the other Mint threads but struggled to find a pattern to how they behave when faced with someone reclaiming their charges. I wouldn't mind getting the whole thing wrapped up before it gets to MCOL, not that I'm worried about going to court, but it's just a pain in the backside having to spend so long preparing documentation etc when they could just have refunded the charges straight away (as they are likely to do so in the end regardless). Any reason why there isn't a sub-forum for Mint by the way?

and you mate! While I'm waiting for the court to send out paperwork etc I've decided to pursue a few other organisations. Mint Credit Card is first on my list... :) I also checked my HSBC credit card (paid off and cancelled a long time ago), but surprise surprise they never charged me anything. Even when I paid late and went over the limit...I was actually a bit disappointed that I couldn't go after them for some charges applied there as well.

I know it will take time. You'd think the courts would be fed up with the banks' tactics by now, wouldn't you? I wonder when the first case comes along they decide to give substantial compensation for wasting the claimants time....Several judges have already said they are fed up with the banks wasting valuable court time so I guess if it doesn't stop then they'll be forced to act. I sent copies of the charges spreadsheet to DG and Northampton County Court (MCOL) when I first raised the claim so I guess that paperwork will be sent to my local court.

Status on MCOL has changed to Defence today so I'm now just waiting for the papers from the court before sending nudge letter number 1 to DG....

Thank you both for your help! I've just created the rejection letter and will send it later today. Basically my wife says that I've already spent months getting to where I am, so why give in to them without getting all of what I've asked for. I'll post again to let all of you know what's going on.. thorx

I'm not really too fussed about getting the money right now, but I am slightly concerned that it might go all the way to court and I lose there. Oh well, I guess I should give it a go...and I'm pretty sure my overdraft interest has been calculated correctly. So I guess I ignore the letter from Mr Loker and wait and see if DG file a defence. You never know - they might forget (unlikely as it sounds though). So should I send DG a nudge letter? I could get it off by special delivery tomorrow which would give them an option to reply before the deadline...and I haven't sent them anything since I sent the schedule of charges to them when I put the claim in with MCOL. Do DG usually delay the process for as long as a couple of months? Or is that delay just because they wait until just before the court date to make an offer? thanks