alvinlwh -v- NatWest ***WON***

[alvinlwh]

Hi all,

Just sent off the first letter today, I got all my statements from account open, so there is no need to send a request for info. Sum claimed is £272 plus interest of £39.86. Charges are ALL for failed D/D, starting at £30 in 2002/3 and rising up to £38 in 2005.

Will keep all informed of what goes on next.

Alvin

Just a quick question, have you included unarranged borrowing charges, my gut feeling says that there maybe more charges that you may have missed

[alvinlwh]

Wow fast reply. The answer to your question is NO. The reason is my account is a NatWest Step account. I have no cheque book, no overdraft and only a Solo card. I see a few ODs in statments, but no charges from them (I think), and they were OD in the first place because of the charges.

[cheddar]

But then surely a O/D would have been applied to the account? Thats what happened/happens in my case. But if you have all the statements there and have totted it up, im sure you have it right! lol!

apologies one of those accounts that doesn't have that charge. Brain was clearly not thinking clearly. Good Luck

[alvinlwh]

There may have been a interest charge for the OD, but it is not shown as a charge or an item on the statement, so I couldn't find it. The only charges items I can see are for Unpaid Item(s).

natweststaffmember: What do you mean by "that charge"? Which charge are you refering to? OD charge or unpaid item charge?

Step account does not get unarranged borrowing charges, card misuse charges or referral fees. One of of those fees

[alvinlwh]

Thank you NWSM. Now its time to wait for the 2 weeks to pass.

[alvinlwh]

Just one question, I had read somewhere that I can legally charge them £5 for every letter sent, is that true? I tried to look it up on the FAQ but there is nothing there.

[alvinlwh]

Got their standard sod off reply today. Fast reply!

However I do not understand one paragraph in the letter which reads:

In your letter you have claimed that we have been acting as the customers fiduciary, yet I am unsure of the basis of your contention. This does not form part of the normal banker/customer relationship.

I believe it is a response to a paragraph in my own letter which reads:

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.

Of course the above paragraph is cut and pasted from one of the sample letters floating around, and I have no idea what is a "fiduciary". Anyone care to enlighten me here?

And do I wait for the full 14 days or can I send off my LBA now that they had replied?

[alvinlwh]

14 days up, sending my LBA today.

Good Luck, seems like everything is going well

[alvinlwh]

Standard 'yah-yah-whatever!' letter recieved today. It reads:

I regret that there is little that I can add constructively to my last letter and note your proposed course of action. I have alearted our lawyers and litigation department accordingly.

Sound like 'go ahead and sue us!', which is what I will do!

[alvinlwh]

Payday yesterday, just filed the claim with MCOL.

[alvinlwh]

Got a form from MCOL today filled in by a Derek McKinley stating that they intend to defend all of the claim. It is dated 7/11/06. So what's next?

[Deller]

Another waiting game I'm afraid, they have 28 days to get their defence in otherwise you will be be able to enter judgement.

[alvinlwh]

So I shall be getting the Cpr 18 forms soon?

[alvinlwh]

Got a very Special Delivery today, got here even before I am out of bed. So just picked it up from the post office.

Looks like Mr Derek McKinley believe that I have no grounds of action against the bank, but at the same time find it is not commercially viable or cost effective for the Bank to defend. So in short, they had given up! Behind the letter is a cheque for £364.07 in full and final settlement!

Case closed!

Congratulations!!