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Hi after spending time reading this site i sent my Data Protection Act request on the 5th june, got my statments back last week (I was on me hols) and have worked out the charges to be £1510 (not including interest)
So this week im gonna send my prelim approach letter, i was just wondering if it is worth sending my list of charges then?, or wait to see what happens. Also am i correct in thinking i only request the 8% interest when it goes to court?
matt
Hi and Welcome Matt
Yes you can send your schedule of charges with each letter that way they can't say they have never recieved them.Yes the 8% interest only comes in when you submit your claim into court
keep us posted on your progress
When you want to fool the world, tell the truth. Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any
doubts.
Natwest got my first letter this morning, the first one asking for repayment, so 14 days from today 29 june, ill see what they have to say (prob not alot).
Thank you for your letter of 26 June 2006 and I apologise for any dissatisfaction caused by the application of charges to your account.
We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied, complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.
We have considered the Office of Fair Trading's statement of 5 April 2006 and do not accept its findings in relation to the setting of credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the setting of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with the RBS Group or the industry in relation to other entirely different products.
Consequently, against that background, we must differ with the views you have expressed and will not be refunding any of the charges applied to your bank account.
I am disappointed to note that you are contemplating legal action against the bank. Whilst l hope you will feel able to reconsider, should you decide to go ahead, please ensure that any Proceedings are served on our Registered Office address, which appears at the foot of this letter.
I suspect that this is unlikely to be the answer you might have hoped to receive but nonetheless thank you for taking the time and trouble to contact us.
Yours sincerely
Stuart Higley
Customer Relations
National Westminster Bank PLC,
Registered in England No 929027.
Registered Office:
135 Bishopsgate.
London ECZM
Is this there standard reply now? If so do i go straight to the letter before action or wait till the end of the 14 days before i send it? I think i should just send the LBA now but dont want to jump the gun on this.
Sent my lba off on thursday 13 july it was delivered on friday 14 july.
Not heard anything as yet (guess its to early at the mo), but just have to wait and see what the reply is (a big fat no from our mate stuart!!)
Got my reply today! (20th july), it was basically the same letter as before but with an extra paragraph that they have looked at my account and there are no instance where charges have been applied when not properly due ( yes i know BUT its the amount ive been charged is the issue!!) and accordingly the charges must stand.
So i guess its the moneyclaim website now!! but do i wait till the end of the 14 days before i start legal action in case i get another letter from them. Or do i just start straight away?? Not quite sure about timings here
Okay started my moneyclaim today just wondering if i put the total amount plus charges in the particulars of claim box or in the total box? Or is it just the charges and add the interest in the total box? Also do i need to send Natwest a copy of this or send them some notification of the situation?
Yourclaim is for unfair charges plus unfair interest, plus sec 69 8% interest. Add them together, that is what you are claiming. To get the total charges you add the summons isssue fee plus solicitors costs for issueing the summons. Except you are issueing it yourself so its nil. Dont send a copy, the court will do this.
Actually, I found that if you use the paper sommons rather than online summons, I would fill out the summons form and send this with a covering letter to the defendant. If you fold it up with the covering letter behind the summons form, the defendant will think they have received a summons. It would take them a moment or two to notice it hadnt been stamped. And your letter would also give it away. Your letter would give them 24 hours, just time to pay you or you issue the next day. Of course the first summons wouldnt be valid as it would be unsealed by the court, so you send the court the duplicates the next day.
ok right ive finished my moneyclaim form and the claim has been issued on the 01/08
so i now gotta wait 14 days and see what happens. Is there anything i should be expecting from Natwest or the court in the next 14 days or is it all behind the scenes??. Also is the start under judgement something that happens at the next stage ie no response from natwest?
Got my Acknowledgment of service on monday (it was dated 3rd august) guess i got 28 days from then, should be about 31 august then. Been reading some of the post who have also got there AoS about this time and some are not from Cobbetts, most of the ones not from Cobbetts seem to have won soon after so are they not bothering to keep you waiting anymore?
About a week to go now before the 28 days (should be 31 august) are up for them to post a defence or whatever. Anyway is there anything worth finding out / doing beforehand im guessing ill get the standard cpr18 request so ive had a look at a few other posts to get some ideas of the next stages.
Got my defence from cobbetts today (sent on the 29th day!) no aq from the court yet though. Mostly asking me to prove each and every charge with date descrpition and amount ( they already had this) wether it should of been charged etc and to prove that they infringe on the relevant regulations and acts. Oh and of course the CPR part 18 request and to identify the contractual provision i claim are invalid by ref to the UCTA/THE regs. Ive look through other posts and think this seems to be the normal response from cobbetts albeit without them stating i havent giving them my account no. etc. So from here do i wait to get the AQ before i do anything? And is it just a case of sending them the normal dont require to answer a CPR 18 request as small claims will deal with this matter?
Just wondering when i reply to the CPR 18 request, in my list of charges again, Should i just have the bank charges listed or include interest, court fees etc aswell??
Good question, didn't think of that one. Interesting to note that Natwest only mentioned the charges in their defece and CPR request, and not the fees or the interest. Is this normal?
I am not prepared at this stage to answer the CPR part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative
Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court. However, for clarity, I confirm the charges I am claiming were applied to the following account:
Account Name:
Account number:
Sort Code:
Please also find enclosed a Breakdown of all charges I am claiming.
smalls74 vs natwest ***WON***
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