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BAILIFFS - The Law and Your Rights

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  1. #1
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    Question uk_joe v NatWest ***WON***

    Hi,
    Having read through several pages of forums and the FAQs, I'm getting ready to go on the offensive with my bank. Really impressed with amount and quality of information here btw

    Quick question which I'm sure someone can help me with:
    I have pretty much all my current account statements from the last 6 yearsicon stashed away at home. Previously I have (pleading poverty) had a couple of charges reimbursed, either in full or in part.

    When I submit my claim I want to make sure that I'm only claiming for charges for which I have not already received a refund - should I send the bank £10 and ask for full copies of statements sent to me, or will these essentially be copies of what I have at home? Or do I need to go through my statements and work out which refunds from my bank tie in with which charges? I'm guessing the latter so I can submit an accurate spreadsheet of outstanding, non-refunded charges.

    Thanks in advance
    Joe

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  2. #2
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    Default Re: Previous refunds; don't want to claim twice

    if you pay the £10 fee for a DPA request you may not receive copy statements. Some banks seem to send copy statements, others send computer print outs of transactions. Either way, if you have all your statements there already, you have the information you need to ahead. Getting the info from the bank will still mean you have to trawl through the info manually to find the charges.

    However, a DPA request will be of benefit to you still, because you can ask them give you detials of any manual intervention on the account. It is likely that they will not provide anything, but then you can show a court that you asked, and they had nothing to give you (therefore likely showing their charges are not an accurate reflection of costs).

    Good luck!

    ... a little Mahala is a powerful thing ...

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    Default Re: Previous refunds; don't want to claim twice

    Personally I would go through and work out which were refunded and when as it will affect the calculation of charges and interesticon.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

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    The Consumer Action Group is a free help site.
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    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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    Default Re: Previous refunds; don't want to claim twice

    Personally I would try to recover the whole amount.. The bank will tell you quickly enough that they have already reimbursed xxxx amount of charges, then plead ignorance. This shouldn't delay the claim

    Let them do the work for once.

    Abbey - owed £3260 - Paid up.

    Barclays owed £2500 - Paid up.

    Halifax, Mint & Egg - next on the hit list

    Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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    Default Re: Previous refunds; don't want to claim twice

    I disagree with previous poster. If you do this, you are giving them the impression that you can't even work out your sums properly. Which means you're one of the easier targets for intimidation and bluff.

    Do your maths properly, let them know you're in control. Better chance of success.

    Apologies to people who I was in the process of helping, I may be gone some time.

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    Default Re: Previous refunds; don't want to claim twice

    I guess you could do that, but if your claim is inaccurate it could go against you at a later stage. Let's face it we are fighting the banks for being unlawful, and this is not entirely honest. Depends on your point of view.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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    Smile Re: Previous refunds; don't want to claim twice

    Quote Originally Posted by Bookworm
    Do your maths properly, let them know you're in control. Better chance of success.
    Quote Originally Posted by caro
    Let's face it we are fighting the banks for being unlawful, and this is not entirely honest.
    Agreed - I don't want to be pulled up on a technicality and risk losing my entire claim (probably about £4K I suspect). Besides, victory will be all the sweeter when I know that I've been honest, and still got my money back! Thanks all for advice so far, all useful stuff

    And thanks Mahala - good point getting details of any manual intervention (or lack of) with a DPA request.

    Will be sending a DPA request of this week and will keep this thread updated.


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    Default Re: Previous refunds; don't want to claim twice

    Good luck and welcome by the way.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  9. #9
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    Default Re: Previous refunds; don't want to claim twice

    RE: parachuteicon bank account. Should I try and get this sorted before I do anything relating to a claim with my bank? I'm about to send off my DPA request letter but wondered if I should wait until I get another bank account sorted before I do this. Bit worried in case just receiving the DPA request prompts them into closing my account!

    Cheers


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    Default Re: Previous refunds; don't want to claim twice

    hi joe

    i'd get onto it straight away but do send off your dpa stuff now because i dont think any bank has yet to close an account because someone requests their dpa data. Theyve got 40 days max but will probably reply sooner.
    its the moneyclaim bit etc that they start getting huffy. some people have received threatening letters calling in overdfafts etc at the request for repayment letter stage. but its just another scare tactic, i mean they cant force you to pay it off if u dont have the money.

    good luck
    kate


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    Default Re: Previous refunds; don't want to claim twice

    Not sure about that, but they could do some serious to your credit rating.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  12. #12
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    Smile Re: Previous refunds; don't want to claim twice

    Cheers both, for rapid responses
    Am going to town at lunch to send request off by recorded delivery then. Wouldn't hurt to scope out some banks at the same time too.

    Joe


  13. #13
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    Question Re: Previous refunds; don't want to claim twice

    Calling all\any Mods
    If I were to ask nicely, is it possible to change my username?

    EDIT (17th June): Thankyou wonderful mods, both for threadmerge and username change

    My original 2006 claim - Victorious!
    13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.
    19/06/2006 - Sent preliminary letter, requesting £3483
    17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)
    07/08/2006 - Filed Moneyclaim for £4401
    11/09/2006 - Defence received from Cobbetts
    25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts
    30/09/2006 - AQ due at court
    25/10/2006 - *WON* Cheque for full amount received from Cobbetts

    "Things are made of littler things that jiggle"
    - Richard Feynman



  14. #14
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    Default uk_joe v Natwest

    Thought I'd start my David v Goliath blog today, though nowt to report as yet.

    Phoned customer service last week and received 6 yearsicon worth of Statements this morning. Worked out that I've had £3483 in charges over last 6 years. First time I've ever looked through my statements and been happy to see charges on there

    Prepared prelim letter ready to send off on Monday to Borehamwood address.

    DPA letter, sent last week, still not been signed for according to post-office website, though not too surprised as this seems to be a fairly common theme!

    My original 2006 claim - Victorious!
    13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.
    19/06/2006 - Sent preliminary letter, requesting £3483
    17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)
    07/08/2006 - Filed Moneyclaim for £4401
    11/09/2006 - Defence received from Cobbetts
    25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts
    30/09/2006 - AQ due at court
    25/10/2006 - *WON* Cheque for full amount received from Cobbetts

    "Things are made of littler things that jiggle"
    - Richard Feynman



  15. #15
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    Default Re: uk_joe v Natwest

    Good luck with your claim.

    If you would like to change your username, PM me and let me know what you want it changing to.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


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    Default Re: uk_joe v Natwest

    Hey UK Joe, I've just noticed we are from the same neck of the woods. First time I've noticed anyone else from Warwickshire here. Not from a certain Royal Spa town by any chance are you?

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  17. #17
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    Smile Re: uk_joe v Natwest

    Hey Caro,

    I certainly am! From good ole Royal Leamington Spa . I live in south town (south of the river that is) if you know the place at all (sounds like you do).

    My original 2006 claim - Victorious!
    13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.
    19/06/2006 - Sent preliminary letter, requesting £3483
    17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)
    07/08/2006 - Filed Moneyclaim for £4401
    11/09/2006 - Defence received from Cobbetts
    25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts
    30/09/2006 - AQ due at court
    25/10/2006 - *WON* Cheque for full amount received from Cobbetts

    "Things are made of littler things that jiggle"
    - Richard Feynman



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    Default Re: uk_joe v Natwest

    Born and bred. I am in a village just to the north of the town so probably 10 minutes away. When I started this, there was a survey showing where people are from, which I completed, and the nearest was Birmingham.

    When we bought our first house (1982), our mortgageicon was with Nat West and they insisted that we did all our banking with them (hmm wonder if that is allowed now; what's the statute of limitationsicon ), but within about 3 years we moved mortgage and bank accounts. Now my parachute accounticon is with them. Ironic or what?

    Anyway, nice to meet you, and if you need any help from a fellow Leamingtonian I will do my best.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  19. #19
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    Default latest update

    Nearly 2 weeks after sending my Data Protection Act request letter, and it still hasn't been signed for according to the postoffice website. I've just phoned up the post room at 135 Bishopsgate, who were most helpful. The chap I spoke to tracked down my letter using the recorded delivery code and told me that the letter had been received and passed onto the relevant department within Natwesticon. I mentioned to him what it was all about, and he wished me best of luck!

    Bit odd that the letter has been delivered yet no signatureicon was taken - worth taking up with the post office? Maybe I could get my 60pence back from them

    I've also had the standard response with respect to my preliminary letter requesting a refund, so I'll give it another week and send my lbaicon off.

    My original 2006 claim - Victorious!
    13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.
    19/06/2006 - Sent preliminary letter, requesting £3483
    17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)
    07/08/2006 - Filed Moneyclaim for £4401
    11/09/2006 - Defence received from Cobbetts
    25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts
    30/09/2006 - AQ due at court
    25/10/2006 - *WON* Cheque for full amount received from Cobbetts

    "Things are made of littler things that jiggle"
    - Richard Feynman



  20. #20
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    Default Interest question

    I have been somewhat confused about the interest issue (claming back interest on overdrafticon charges being different from the 8% added on if the case reaches court).

    My claim is for £3601. I have already sent a preliminary letter and an lbaicon to the bank for this amount. Using Vampiresses spreadsheet, I worked out that the interest on all these charges (over a 6 year period) was about £650. I had thought that this was the interest I would add on if the case reached court, and so hadn't mentioned in these two letters. I now realise (correctly?) that I can claim this overdraft interest back with my initial claim, and then add on a further 8% when it reaches court.

    Should I begin the whole process again, sending the preliminary letter and LBA back to Natwesticon with the revised figure or £3601 + £650, or is it ok to begin my moneyclaim case with the new amount?

    Apologies if this is confusing, but its confused me!

    Cheers!
    Joe

    My original 2006 claim - Victorious!
    13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.
    19/06/2006 - Sent preliminary letter, requesting £3483
    17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)
    07/08/2006 - Filed Moneyclaim for £4401
    11/09/2006 - Defence received from Cobbetts
    25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts
    30/09/2006 - AQ due at court
    25/10/2006 - *WON* Cheque for full amount received from Cobbetts

    "Things are made of littler things that jiggle"
    - Richard Feynman




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