Nat West 3 claims and forced into loan ** WON **

**gizmo111** · 18th June 2006 11:52

Hi,

Have been looking around site and have applied for all my bank statements etc. In 2002 I had an overdraft icon

on my personal account which I think was about 3K but with charges in a very short time shot up to around 6.5K. The ank then insisted that I convert this into a personal loan over 7 years, which I did as I didn't know any better at the time! Can I claim any this loan back ie the interest portion on the charges? As well as the charges. I also had a joint account that was converted into my name on divorce icon

recently - there was an O/d of around 4K of which a lot were charges I estimate around £800, and guess what they insisted that I put this into a loan as well by merging my previous loan.

And I have a credit card with them and I am guessing that this will be about £300. So Mr Nat West is not going to be happy when he receives my claim of around £4.5K

Any advice on the loan would be welcome, I am kind of thinking that I reclaim the interest that I have paid on the charges obver the 4 years and not the interest on what I spent originally. I expect this has been asked before but I have searched and cannot find a relevant answer.

I also have Barclaycard and Citicard to go after and a citicard default to be removed and then I may go after mortgage icon

express for a £5000 redemption penalty.

I will soon be going after a few CC's on my dad's behalf, but I will keep that seperate, as I will the other three above.

I have made a small token donation icon

and will make more when I get that lot above back.

Best wishes to all, and thanks to the mods and people who set up and run the site.

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**Seminole** · 18th June 2006 12:17

Hi and welcome to the forum. It looks as if you've already read the FAQ and Library materials but do take some time to familiarise youself with the issues thoroughly.

You can recover any unlawful charges that Nat West has imposed on you irrespective of whether they converted your o/d into a loan. As far as interest icon

is concerned, you have two options: You can either recover interest at the statutory (8%) rate in a court claim or claim back the interest you have been charged on the unlawful penalties. There is a spreadsheet in the Library to do this. Have a look and post any questions here.

**gizmo111** · 18th June 2006 12:51

Thanks for reply

I think with the loan claim I will claim the portion of interest icon

that I was actually charged, as it is a related loss. My memory is telling me that the rate was 9.9% (they told me they were doing me a favour cos I had been such a naughty girl! ha ha). They will obviously wait until I file before settling, but if I claiming what I actually lost as a result of charges can I then add the 8% on to the total claim, when filing at court? As far as I am concerned if I hadn't been charged then I wouldn't have had to pay interest, other than on what I actually owed as a rsult of my own expenditure not their theft. Am I thinking right here?

I will do this in 3 claims anyway, cos with interest I think this alone will be over 5K - never been so impatient to receive a bank statement in my life!

**gizmo111** · 21st June 2006 18:53

Hi,

I have receive statements on one accoun ttoday from June 1999 to Dec 05. There is around £2400 of easily identifiable charges but there is also other charges (excluding service charges and interest icon

) called excess borrowing charges of £3.50 per day and later on unarranged borrowing fees of £14 per period - can I claim these also or just the obvious ones?

Thanks

**the_toilet_bandit** · 22nd June 2006 00:40

excess borrowing - i think so
unarranged borrowing - i know so

**gizmo111** · 22nd June 2006 18:08

Thanks
Well looks they changed the name of one to other so I will put lot on claim - starting spreadsheet now, will report on amount later.

**gizmo111** · 25th June 2006 14:32

Hi all,

Claim for one account with Nat West, prelim and spreadsheet ready to send recorded tomorrow - Total £3314.79.

**gizmo111** · 12th July 2006 00:15

lba

ready for NAt West, I recieved a letter last week saying they will be in touch within 2 weeks etc as they are waiting for statements, could someone check the letter before I send it please. Thankyou

Dear Sir/Madam,

ACCOUNT NUMBER:

I refer to your letter dated 04 July 2006 in which you say that you are unable to respond to my letter dated 26 June 2006 for a further two weeks as you are awaiting copy statements from your central department. I myself have obviously had copies of these statements, which I received from yourselves by 2nd class post, 6 days after making my request. It is therefore beyond belief that it would take yourself more than 3 weeks to be in a position to view them internally. Therefore as you have failed to respond positively to my request for repayment as set out in my letter of 26th June 2006, I have no option but to continue with the targets as set out in that letter.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit icon

refusals, exceeding overdraft icon

limits and so forth 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 xxxx plus xxxx you have charged me in overdraft and loan interest for the sum, which you have taken. Total £3314.79. I am enclosing a copy of the schedule of the charges, which I am claiming. I have already sent you a copy of this in my original letter of the 26th June 2006.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Yours faithfully,

**gizmo111** · 22nd July 2006 22:10

I have searched site for answer but cannot find it

I am filling in the form online, but am stuck on the wording what I have below is 1130 words and I cannot see what I can take out. Can anyone help please, thanks.

Claimant has account XXXXXX with Defendant from June 1999 conducted on their standard terms and conditions icon

. Claimant is claiming the return of 3314.79 taken by Defendant in charges over 6 years icon

. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.
In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest icon

under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 07/02/2000 to 22/07/2006 of 1206.73 and also interest at same rate up to the date of judgment or earlier payment at a dailyrate of 0.729 pence.

Charges 2176.50
Interest 1138.29
Total 3314.79
s69 Interest on total 1206.73

Total 4521.52

**alanfromderby** · 22nd July 2006 22:20

Try this:

I have an account no. (a/c number) with the defendant which was opened on ??/??/?? and is conducted on their standard terms and conditions icon

. I claim the return of (£xxxxx) taken by the defendant in the way of charges and the interest icon

levied on those charges. The bank's charges are a disproportionate penalty and thus unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regs. 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable as per the Supply of Goods and Services Act 1982 s.15. I bank have repeatedly declined to justify these charges.The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from x/xx/xx to x/xx/xx of (£xxxx) and interest at the same rate up to the date of judgment or earlier payment at a daily rate of (£....).

**gizmo111** · 22nd July 2006 23:48

Thanks, Claim now submitted. was difficult getting the lines and characters into the 1080 and 24 lines.

**gizmo111** · 23rd July 2006 00:03

Received standard letter from NAt West last week in response to lba icon

. Money Claim issued today for 4641.52 including costs.

**gizmo111** · 23rd July 2006 11:52

Ihave a £7K limit on my personal account, at present I am £7k in credit, and I need to spend £11k in the next 3 weeks, (having a lot of work done on house - hence the big credit) I have filed MCOL for 4641 yesterday, which will when esolved basically leave me in credit. My question is will NW reduce or remove my OD limit. Should I move the £11K now to another bank acount, so I can get it, if I do that I will be paying interest icon

on £4k. I have read through posts and NW to not seem to be retaliating but my builder will not be very happy if I leave the money there and they retaliate and he doesn't get paid. Do they have to write to me with 28 days notice of withdrawal of facility and I then put the account in dispute or wil they just review and reduce it?

**gizmo111** · 23rd July 2006 11:53

Originally Posted by gizmo111

Received standard letter from NAt West last week in response to lba icon

. Money Claim issued today for 4641.52 including costs.

Bit confused - do I send the schedule of cahrges to Northampton or do I wait until it is listed at my local court?

NATTIE · 23rd July 2006 12:11

Yes, its in the Banking Code icon

. Unlikely they'll reduce it. What you might want to do is switch your account to another bank who should match overdraft icon

facilities like for like

**gizmo111** · 23rd July 2006 12:35

Originally Posted by natweststaffmember

Yes, its in the Banking Code icon

. Unlikely they'll reduce it. What you might want to do is switch your account to another bank who should match overdraft icon

facilities like for like

Is that yes to the 28 days notice? When they pay out I won't need the overdraft or limit, I have a basic parachute account icon

but don't really want to use it. I have a CCJ that will go off my CRF in Oct and was thinking of changing then to a decent account - if such a thing exists. I have had no charges on this account since 2004.

NATTIE · 23rd July 2006 12:57

apologies, yes to giving you 28 days notice

**Its WAR** · 23rd July 2006 19:42

Hi Gizmo,

One of my 3 claims against Nat West was issued a few days ago, similar sum. Lets correlate the results. I have an earlier claim with similar sum with a defence lodged. It will be interesting if the second claim follows the first word for word, result for result as well as if your is also identical.

**delorean** · 24th July 2006 16:14

"Claimant claims interest icon

under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 07/02/2000 to 22/07/2006 of 1206.73 and also interest at same rate up to the date of judgment or earlier payment at a dailyrate of 0.729 pence."

If I change the dates and values above so as to suit my claim, is the 0.729 pence thing still correct? I'm a bit stuck here. Help!

**delorean** · 24th July 2006 16:16

Also, I can't remember when I opened my account with Natwest icon

, can I just put:

I have an account no. (a/c number) with the defendant and is conducted on their standard terms and conditions icon

.

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