Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Firstly what an excellent forum and for all of you who spend the time and effort on this site..well done and thanks
now for my question, I have just applied for my charges and wrote my first letter asking for them to be repaid, i have today receieved a letter from Natwest
It is a long letter which im sure some of you will be aware of content, but it genrally tells me about FSA and the extended timetable in replying, and tells me about a test case and that they have asked the courts not to proceed with any other cases. It also states that if i do roceed to claim they will ask for a stay until the test case is resolved...HELP i wasnt expecting this...it seems a fairly standard letter..what should i do now
when you say wait....does that mean just let things take their course and do not continue with my claim, the letter says it could take months to be resolved. Im in no rush, its just that most of the forum seems to say carry on regardless and take them to court
oh by the way thanks for your very very prompt response
My understanding is that the courts will not proceed on any cases of this matter until the current OFT debacle has concluded, but there is advice to the contrary. I am not sure, but I don't think a judge would be sympathetic to a case in which area a test case is currently going through.
Hopefuly someone else wil post something a bit more definite (and accurate!)
As I understand it you need to proceed on the normal time scale.
14 days for the reply, which you have had, then send the lba and give them another 14 days.
Although there is the test case gong on, people are still recieving their charges back.
It has always been a bit hit and miss with claims.
Sometimes they pay out straight away - I have read somewhere on here of someone who requested their statements and was refunded the charges without asking for them!! But that is a one off I think.
Other times it gets dragged right out to the last moment.
In my case I sent them a letter basically saying "don't be silly" and they paid out.
Personnally I would continue.
Sally x
I would agree with sally as I was paid out as well
Idax
Cag is a free self-help site. If you are contacted by any other user recommending or offering no win no fee or paid for service, please report this to the site or to a site team member.
CAG depends on donations. Please consider making a donation - however big or small.
thanks everyone for your advise...I think I will do what sally says and send my next letter..the 14 days is ove ron this thursday so i will send it then and see what response i get ...thankyou everyone again
Still follow the procedures, lba next and wait to see what the reply is. I expect it will be held in their system until after the OFT case. It's upto you whether you file with the court or wait. The case will probably be Stayed by the court until after the test case, a while after you file.
okay everyone...ive manage today to read loads and loads of threads and try to get up to speed...It seems now that even if i continue with the claim ( which i will) that all the cases seem to be getting a stay, some by letter and some at the last hour....couple of questions if anyone can answer.
has there been any stays lifted yet and what has been the outcome
If these "stays" are until after the test case, what will be the likely outcome, will your case then be heard based on the precident of the test case
hope to get some advise on this as it seems this is whats happeing to all recent claimants
Iam looking for a template and cannot seem to find what im looking for..Today is the 14 day deadline and iam now going to send Natwest my third letter. I received the standard letter explaing about the test case and im wondering which letter to send . is there a template that will include anything about the letter i received or should i continue with the normal process .
At this point I sent the letter in post 68. http://www.consumeractiongroup.co.uk...natwest-3.html
Within a few days I recieved a reply saying they would pay out. interest can not be claimed with this letter, but if they accept it it will save all the waiting.
I know that is has worked for quite a few other's who have used it.
If it doesn't work, you've lost nothing.
Thank you for your letter dated 16.11.06 from Mr. Stuart Higley.
You clearly do not believe that I will issue a claim against you for the unfair bank charges against my accounts.
I am writing to inform you that this will be the next stage unless I hear from you, in the next 7 days, that the £380 I am claiming from you will be paid back to me in full.
If you wish to proceed with this, I will be pleased to meet you in court and hear your justifacation of the penalty charges. And, I am sure, so will all Natwest customers.
If you do not intend to defend the charges in court, but hoping that I will "just go away", I need to point out to you that this will not happen. But you will incur more costs against you by the court.
Please do not waste their time and with something you do not intend to defend.
seems a great letter, do you think its worth adding anything about the stay, stuff into it, as i feel that they will probably just come back with a similar letter as the last, stating that if it goes to court they will ask for one.
Im trying to compose a letter using sallys original letter and im struggling a bit to get my point acoss. My origianl letter from Natwest, which i assume is standard, suggest they thin the charges are fair, transparent and lawful. It explains that they are awaiting the outcome of the legal case with the OFT and will need to resolve the legal key issues before they can decide how to respond to my claim. It also explains to me that given the court case they have asked fos and the courts not to proceed with any other cases until the test case is resolved and that they will request a stay
from my 2 accounts they owe me £2965 and £1028 in charges
To be honest, I dread the thought of having to go to court, im just not that legally minded, probaly why a lot of people will not bother with claims...but it IS unfair on everyone....so given that i really dont want to go to court, is there a way that i can suggest that if they offer me a reduced amount i may accept it, and that if the test case goes in the favour of OFT, then that could be financially beneficial to them.
I wish i could do more to help others, but i feel that a lot of recent complaints of charges will be receiving the same responses from the banks and it would be great for everyone if some sort of response could be made
heres my letter
Dear Sir
Thank you for your letter dated 12 September 2007 from Mrs S. Smith
In your letter you state that you feel the charges are fair, transparent and lawful. Iam aware that Natwest, along with other banks are involved in legal proceedings with the office of fair trading regarding the legality of these charges, and that you wish store my complaint until the outcome
I find this unacceptable and wish to continue with my claim
I feel from your letter that you are under the impression that I will not issue a claim against you for the return the unlawful bank charges debited from my account.
I am writing to inform you that this will be the next stage unless I receive full payment in the next 7 days of the £2965. detailed in my previous letter to you.
However, please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts
If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you.
Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.
Alternatively, in accordance with the overriding objectives of the Civil Procedure Rules I would like to give you the opportunity to settle this issue without the need to take the time of the Courts. My claim is for £2965.00. If you could ensure that this sum is paid into my bank account within seven days I will inform the court that this matter is settled. If you wish to pursue this course of action please telephone me to obtain my account details.
Please do not waste any further time with something you do not intend to defend.
Honey, you can send them what you want, it will not make one bit of difference. They have now been given an unlimited time NOT to repay your charges, they will use that, depend on it.
Apologies to people who I was in the process of helping, I may be gone some time.
Itsmee, I am sorry but I have no idea.
I have been out of the claims loop for a little while and things have changed with the court case coming up.
Some claims are being paid out.
A friend of mine was paid out last week, although he settled for about a third under.
Personnally I would send the letter and put something along the lines of "if you use the excuse of the court case, I will be forced to claim £xxx in interest, which is what it will amount to. I will not do so if you pay me £2965 within seven days".
itsmee v NatWest ** WON **
Reply With Quote
Originally Posted by gyzmo
when you say wait....does that mean just let things take their course and do not continue with my claim, the letter says it could take months to be resolved. Im in no rush, its just that most of the forum seems to say carry on regardless and take them to court
