Josamolly, Interesting. Does the £600 short mean short of charges, or charges + 29.5% interest? If the offer equals charges plus s69 you need to get some advice. Whilst I understand that payments into court don't happen in the small claims court if they have made a "reasonable offer" the case might get interesting. I wonder if their tactic will be to move strike out on the grounds of claimants unreasonableness in rejecting a "fair" offer. This will get very interesting. Do keep us informed! Bicester1

Hi Nattie Yes I agree. Reasonableness is however vital! [50% lol] If people really do want interest they are going to have to go after it from prelim stage I note that the template prelim letter in the library does not mention interest at all. Does this need modifying? Any mods out there? What do you think Nattie? I guess NW have finally decided thy have no defence to people reclaiming their charges and so now it becomes a cynical damage limitation exercise in trying to limit the total cost by trying to avoid interest! Given that most solicitors will be charging £200+ per hour I am sure NW will calculate settling is probably cheaper, in most cases, than litigating! I am sure many claimants on this site will settle for the return of their charges without interest. How many will have the stomach for a long drawn out fight and relish the thought of going to court? My guess is they will settle those claims which are just for charges, if for only a few hundred pounds, continue to defend up to the wire claims which include contractual and who knows what for charges plus s69. We should know in a few days when I get their reply to my counter offer. It will be interesting to see if the other financial institutions follow the Nat West. What's the betting they do? I think this is a very important turning point in the battle, as Churchill said about El Alemain: "This is not the end, it is not even the beginning of the end, but it the end of the beginning!" Probably a good time to go short on NW or other bank shares!! Onward to Berlin or should that be Bishopsgate!!! Bicester1 MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank offer received negotiating Nat West CC offer received negotiating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi all, In the post this morning from Nat West cc "decided to reduce your credit limit blah blah etc." Puerile retaliation for the fact that I am claiming charges or what!

Hi Nattie Yup! Always believed in KISS [no tongues tho'] but seriously this is quite clever by Nat West. To reiterate; if peeps send in a prelim asking for charges, intending to ask for s69 later, as I did with my MBNA claim, they run the risk of being unable to claim any interest at all once Nat West reply, [as MBNA did in my case] by return, offering their charges back as they now seem to be doing. This means claiming for contractual from scratch. This is quite a high risk strategy and will be divisive as individual attitudes to interest will vary. Someone did post saying that they thought some people were "optimistic" on their interest charges. Furthermore in general terms I do get a feeling, reading thro' this and other forums and I wouldn't put it anymore strongly than that, that the courts don't like contractual interest. I know that many will regard this as unfair after all that's what they charge us, but that is I think, the reality of the current situation. Furthermore the courts like negotiation and compromise, hanging out for contractual when an offer of a full refund of charges has been made rapidly, might be seen as unreasonable and could result in claimants loosing the lot! The interesting question [as we all know] is of course, what the real cost to the bank is in bouncing cheques etc. It might be argued that the difference between contractual and s69 represents very roughly what it costs the bank to run your account. People will need to take a hard headed look at their case and decide if the difference in £ is worth the agro of court and additional time expended. I think that will have to be decided on an individual case by case basis, but people will need to remember, as one of the mods said, this is not a get rich quick scheme! I think it will be more important than ever to make a statement allowing the court the option of s69 in the alternative to contractual in your POC, otherwise claimants will run the risk of defendants attempting to portray them to the judge as opportunistic carpet baggers. There is at least one post here where the judge took just that approach to a claimant. Interesting times!

Hi Yes definitely a new approach by the Nat West. Lots of other posts in this forum with peeps getting the same letter. They seem to be offering charges but no interest. This makes it interesting. They will be seen by the courts as reasonable. Holding out therefore, by the claimant, for contractual might not be. I get the impression from this site that the courts, rightly or wrongly, don't like contractual. Time to hone those negociating skills I think!

Hi This is exactly the same letter as I got. I asked for charges plus contractual at 29%. They offered charges, but no interest, so I have written back offering to accept charges plus s69. Awaiting response. This is a new tactic by Nat West and does have some implications especially for new claims. It will be up to each individual to decide if they think it is worth going through the whole court process to try to get s69 or contractual and I get the feeling reading thro the posts on this site that the courts are not always sympathetic to claims for contractual. If you are confident of your claim then you have to decide if the time and effort is worth it for the interest! This gets interesting!

Hi CAGers Reading the forum over the last 24 hrs, I think it's now fairly clear that NW are offering to settle claims sooner. In my case letter by return after my LBA for my £1800 in charges but no offer of any interest. Others seem to be getting an offer of full refund of charges, but no interest, after prelim I had claimed their unauthorised rate of 29% but in view of their offer I have counter offered for charges and 8% and am now waiting for a response. It does seem to me therefore, that they have abandoned their previous strategy of prevarication and if they assess the claim as well prepared, a good one and the claimant as determined, they are now offering charges back, more or less by return. The sticking point is interest. This has some important implications for new claims. You cannot claim s69 interest till you get to issue a county court claim. Therefore, if you claim only for your charges in your prelim, expecting a sod off letter, but NW offer to settle in response, you are stuck, as I understand that you have to accept their offer. You cannot then go back and ask for charges plus interest, once they have offered to meet your demand for the repayment of the charges alone. IMHO therefore it seems to me that the tactic must be to write your prelim asking for charges plus contractual and negociate from there!!

Hi Following this with interest [!] I think it's now fairly clear that NW are offering to settle claims sooner. Letter by return after my LBA or my £1800 but no offer of any interest. I had claimed their unauthorised rate of 29% but in view of their offer I have counter offered for charges and 8% and am now waiting for a response. It does seem and nattie has confirmed ,that they are now offering charges back more or less by return. The sticking point is interest. Will be interested to see what they come back to me with. BUT this has some important implications for new claims. You cannot claim s69 interest till you get to issue a claim in court. If therefore you claim only your charges in your prelim, expecting a sod off letter, but NW offer to settle in full you are stuck as you have to accept their offer you cannot go back and ask for charges plus interest. So it seems to me that the tactic must be to write your prelim asking for charges plus contractual and negociate from there. Bicester1

Hi Dont panic. Can you post what the letter actually says. Do you mean allocation hearing? We can help hang in there. Bicester1

Hi This is my prelim which you are well come to cut and past as you need. See also reidnets prelim. http://www.consumeractiongroup.co.uk/forum/ppi/54073-bicester1-lloydsppi-pelim-etc.html?highlight=Bicester1 Hope this helps. Bicester1

Good on you m8 keep it up! Bicester1 MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank offer received negociating Nat West CC offer received negociating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi, Yes there are some posts suggesting they will agree to s69 but prolong the fight if you go for contractual - recent court case somewhere on here- I guess that its an individual judgement and acalculation of how much the difference between s69 and contractual is and is it worth the agro. What is not acceptable is no interest! Bicester1 MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank offer received negociating Nat West CC offer received negociating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi Both Part 18 requests and standard disclosure are usually excluded by the Civil Proceedure Rules, if the case is allocated to small claims track, however judges do have the discretion to order them even in small claims cases. The advatage of standard disclosure is it is a mechanism to force the banks to disclose their actual costs. See: http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

Hi Yup! Thanks Nattie for confirming what I was suspecting! Sent my prelim asking for £1800 in charges and £1200 in contractual interest at 29%. Letter by return offering full refund of charges but no interest. Counter offer saying I will settle for charges plus s69 to avoid court. With my cc offer back by return of charges less £12; that's definitely not acceptable. With regards to bank charges I get the impression the judiciary like compromise and I just think that they might not award contractual if the bank have offered a full settlement of charges promptly, but they cant deny s69. It's all about being reasonable!

Hi It might get some publicity if the CEO of Barclays found himself on the end of summons! What a lovely thought! MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank offer received negociating Nat West CC offer received negociating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi I am sure the police will not take action. What about a private prosecution? Any pro bono lawyers lurking? Bicester1 MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank offer received negociating Nat West CC offer received negociating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi If you get stuck just post. This is a mutual aid society!!!

Ian Keep us all informed, I wonder how hard they will fight? Bicester1 MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank offer received negociating Nat West CC offer received negociating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi Interestingly I had a v similar response to my prelim in the sense that they wrote back immediately offering a full refund of all charges [ £1800+] but no offer of any interest so I am prompting them! Bicester1 MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank offer received negociating Nat West CC offer received negociating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi, That's a very interesting response. It looks to me as though NW are changing tack and settling or offering to settle earlier. Bicester1

Hi Yes I would agree! MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank Offer received negociating Nat West CC offer received negociating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi Sure you are right! Keep up the pressure! Bicester1 MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank offer received negociating Nat West CC offer received negociating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi Progenic7, link here Misrepresentation - Wikipedia, the free encyclopedia Bicester1 MBNA WON £623 GM Card Won £580 Barclaycard LBA Nat West Bank offer received negociating Nat West CC offer received negociating Lloyds PPI prelim:wink: Any advice is given informally. I am not a lawyer. Consult a trained professional if unsure of your legal position. If my advice is helpful please tip my scales!

Hi Keep up the pressure reidnet! Finally got a reply from Lloyds this morning to my prelim. Interestingly they make no attempt to deny mis selling but simply argue that my claim is time barred! We all know how to deal with that one. The other thread in their letter is to try to get me to go to the FSO. I think I will stick to the court route! In reply to the earlier post concerning time limits the relevant thread is: Limitation Act 1980 (-), [email protected], David Swarbrick, Solicitor, Wrigley Claydon With regards to the question as to how I will prove I was told no insurance no loan I guess an affidavit will be needed! Anyway LBA goes off Monday so we shall see!

Hi V useful thread. Interesting about using costs to intimidate a litigant in person. That should certainly be brought to the attention of the judge! See the remarks in Patricia Pearls book.