Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Talking tracyno1 v NatWest * SETTLED IN FULL *

    Hi
    I was charged over £800 pounds in 1 month this April by Natwesticon due to going 6p over my overdrafticon!, when i called them i got the usual "if you ran your account correctly you wouldn't be charged" " the charges are correct" blah blah blah. After much fuss, i stayed on the line to a manager for 1 hour 10 mins untils she gave in and offered to refund £70 which i very reluctantly agreed to, the next day another £105 was deducted from my account as more direct debits were unpaid, SNOWBALLING!. In my frustration i called there complaints resolution, i spoke to someone called sara who agreed the charges were excessive and she would arrange to get most if not all refunded for me. I then received a letter offering me £90 as final payment. I then wrote the first letter requesting my statements for last 6 yearsicon which i now have, but on them it shows at the end of each month the charge for interest for being overdrawn and allso another charge which is just listed as charges, each month the amount varies from £9 to £29, I'm not sure if these are overdraft charges or if i can claim these back. Has anyone else had these charges on their natwest statements who may know what they are and if they can be claimed back.

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  2. #2
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    Red face Do I Need To List All Charges?

    Hi, i have recieved all my statements and the total charges come to over £6k, so i am claiming in two parts to keep under the £5k limit, in my prelim letter do i have to give a full break down of all charges ie. date of each and every charge and what it was for or can i just say for example 12 charges of £75 paid referral during the 6 year period, any help would be appreciated, feeling a little out of my depth.
    Thanks
    Tracy


  3. #3
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    Default Re: Do I Need To List All Charges?

    There is a spreadsheet in the library here:

    http://www.consumeractiongroup.co.uk...-work-out.html

    which is used to work out the 8% interesticon when you file at moneyclaim.

    If you enter the charges on this, save it, then delete the last two columns and print this out, you can use this as your schedule of charges to send with your prelim letter


  4. #4
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    Red face Re: Do I Need To List All Charges?

    Thanks for the help, it was much needed.
    I have now sent my lbaicon to Natwesticon customer relations at borehamwood recorded, so fingers crossed. Total amount i'm claiming back is £4945.00.


  5. #5
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    Red face What order the letters ?

    Hi, Could someone just clarify what order we send the letters. I have recieved all my bank statements (not charge for them). I have now got my lbaicon letter ready to send but reading through the threads i'm a bit confused, is there a letter i should send just requesting the money back before the lba.
    Any help would be appreciated.
    Thanks
    Tracy


  6. #6
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    Default Re: What order the letters ?

    Yes you should sent the prelim letter before the lbaicon.

    Before you do that however, please read through the FAQs thoroughly which tells you everything you need to know - there is even a step-by-step guide.

    It is important you are well prepared before you take the first step and send the prelim.

    Good luck!

    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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  7. #7
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    Red face Re: What order the letters ?

    Thanks, Have spent 5 days reading as much as i could, just after posting my question i found the answer. Typical! Thanks for the help, it's all a bit scary but i've started the ball rolling now so i'm sticking with it. I didn't start out wanting all my money back but in one month Natwesticon charged us over £800 pounds due to the snowballing charges which all started by being pennies overdrawn, i phoned them and begged for help but the brick wall would not move so by accident i found this site and i'm now claiming just under £5k. Just goes to show if they treated customers as humans and showed a bit of empathy now and again then we wouldn't rebel like we are now.
    Once again thanks for the advice.
    Tracy


  8. #8
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    Unhappy 2nd sod off letter- how to claim through court?

    Hi, i have now had my second sod off letter from Natwesticon . i am claiming £4945.00, I know i now have to put my claim through the court but although i have searched the site (4 days spent searching to be precise) i can't find where to go to start my claim. allso i have read through different links it cost £30 and £80 if it is £80 would this mean because my claim would then be over £5k i would not be able to proceed. Any help would be much appreciated, feeling a little lost and out of my depth now.
    Thanks, Tracy


  9. #9
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    Unhappy 2nd sod off letter. how to claim through court

    Hi, i have now had my second sod off letter from Natwesticon . i am claiming £4945.00, I know i now have to put my claim through the court but although i have searched the site (4 days spent searching to be precise) i can't find where to go to start my claim. allso i have read through different links it cost £30 and £80 if it is £80 would this mean because my claim would then be over £5k i would not be able to proceed. Any help would be much appreciated, feeling a little lost and out of my depth now.
    Thanks, Tracy


  10. #10
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    Default Re: 2nd sod off letter. how to claim through court

    Hi, Money claim website link https://www.moneyclaim.gov.uk/csmco2/index.jsp
    As i understand it, the amount you claim will be the same and the cost on top wont' bring it over£5,000, its the initial claim they go by but you will get the costs back.

    My advice is only my opinion, I am not a legal expert.

    IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

  11. #11
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    Default Re: 2nd sod off letter. how to claim through court

    tracyno1,

    A claim for that much will cost you £120. Be that as it may, it's irrelevant whether or not the additional £120 puts you over the 5k threshold - as orfoster says, it's the initial amount which dictates this.

    Assuming you've read around the site - I'd recommend three or four weeks rather than days! ;-) - you will be aware that on submitting a court claim you are also entitled to ask for a statutory 8% in interesticon, over and above any interest you may have incurred as a result of unlawful charges.

    Clearly, this will also serve to take your claim over the 5k threshold but, again, is not taken into account when deciding in which type of court you should submit your claim.

    Hope this is some small help?!

    Fred_Funk

    NB Vamp's spreadsheet is very good for calculating both forms of interest.

    NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

  12. #12
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    Red face Re: 2nd sod off letter. how to claim through court

    Thanks for the advise, not sure what you mean about the interesticon though, i wasn't going to claim for the interest because it would take me over the £5k but if i do wont i go to the court were if i lose i would have to pay court costs. Just want to make sure i'm doing everything right on this last bit. Thanks for all the help guys.


  13. #13
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    Default Re: 2nd sod off letter. how to claim through court

    tracyno1,

    When you ask the bank to compensate you for any unlawful charges, you can also ask it to repay any interesticon you may have incurred as a result of those unlawful charges.

    Furthermore, should your claim go as far as court, you are also legally entitled to demand an additional 8% in statutory interest.

    As I have said, the statutory 8% does not affect in which court your claim would be heard, even if it does take you over the 5k threshold. However, I'm not sure whether the interest incurred as a result of unlawful charges does or doesn't. I'm sure a moderator will be able to advise you accordingly.

    Whatever, if you put in a court claim, make sure you get the statutory 8% you're entitled to! ;-)

    Fred_Funk

    NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

  14. #14
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    Red face cobbetts defending!!

    ok guys, i have started the court process, this is where it gets scary! Natwesticon have acknowledged and advised they intend to defend in one go, havn't seen this done before, from reading through the forum they usually like to drag things out as long as they can, the acknowledgement was signed by 'cobbetts llp' no name, this was aknowledged on 08th august, i'm aware they now have 28 days to file a defenceicon which would bring me to 5th september. The only thing i am worried about now is the fact that i havn't heard anything from cobbetts, they seem to send most people the complicated form to fill in, i know no news is good news but getting very very nervous, i am claiming £4945.00 plus interesticon and court fees brings a total of £5913.41. an amount i could really do with, we had a builder who decided to do a runner with £19k so now have half built extension and winter coming. is anyone else at this stage or have had the same silence from cobbets.


  15. #15
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    Default Re: 2nd sod off letter. how to claim through court

    I have had the same response, the 28 days starts from when Natwesticon was served with papers, not when they acknowledge

    CHRIS WATKINS

  16. #16
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    Default Re: 2nd sod off letter. how to claim through court

    Latest update: Cobbetts filed a defence a day after they were supposed to, have now recieved a notice of transfer of proceedings with the cpr 18. I have duly sent cobbets the template letter re the cpr18 not being applicable. I have allso recieved the allocation questionnaireicon from my local court which has to be returned by 25th September, i have noticed some people in the distant past were recieving there money a few days befor the A/Q was due in but i havn't seen anyone getting anything back from Natwesticon recently, getting very worried about this, is anyone at the same stage as me? what happens next? feel completely out of my depth, but sticking with it to the end.


  17. #17
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    Thumbs down Re: 2nd sod off letter. how to claim through court

    Hi, filling in my aqicon N150, have gone through the aq template but i am completely stuck on this
    Quote:
    Section F - Proposed directions
    Have you attached a list of the directions you think appropriate for the management of the claim?


    Attach the list of directions, if any, you believe will be appropriate to be given for the management of the claim. Agreed directions on fast and multi-track cases should be based on the forms of standard directions set out in the practice direction to CPR Part 28 and form PF52.
    This might include a directive to force the defendant (bank) to comply with a Subject access requesticon under the Data Protection Act, or to include a direction that parties make Standard Disclosure.
    It is possible that a Judge will refuse to give these directions, but at least you will have brought them to the Judge’s attention.

    What exactly do i put, where do i find a list of directions, really stuck as it has to be in the court on the 20th so could really do with some hepl. Thanks.


  18. #18
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    Thumbs down Need Help With N150 A/q

    If anyone could help me with the above question i would really appreciate it, getting very worried as it needs to be at the court in a few days. Thanks


  19. #19
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    Default Re: 2nd sod off letter. how to claim through court

    In small claims this would be used if you wanted a set asideicon, change court venue or hearing date. So tick No.


  20. #20
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    Default Re: 2nd sod off letter. how to claim through court

    Quote Originally Posted by tracyno1
    Latest update: Cobbetts filed a defence a day after they were supposed to, have now recieved a notice of transfer of proceedings with the cpr 18. I have duly sent cobbets the template letter re the cpr18 not being applicable. I have allso recieved the allocation questionnaireicon from my local court which has to be returned by 25th September, i have noticed some people in the distant past were recieving there money a few days befor the A/Q was due in but i havn't seen anyone getting anything back from Natwesticon recently, getting very worried about this, is anyone at the same stage as me? what happens next? feel completely out of my depth, but sticking with it to the end.
    Hi...just working on my allocation questionnaire which is also due in on the 25th August! I'm also trying to get approx £4k from Natwest! They are holding out as long as possible. I don't think they will pay up until the court date is set and they can do everything they can to drag it all out. Allocation Questionnaire seems pretty straight forward!



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