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)


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  1. #1
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    Thumbs up AdamandI Vs NatWest * * WON * *

    I've kept relatively quiet on here whilst absorbing all the information and serving the banks with all the letters – But I thought you’d like to know that Natwesticon may be struggling to cope with the influx of refund requests…

    I sent Natwest the first letter requesting a refund and they wrote straight back saying they'd "respond within three weeks" (which was one week longer than I had given), they also said they'd write if there was going to be a delay.

    Their own deadline came and went and they didn't respond! So I wrote again (lbaicon), this time giving them 7 days to respond. I followed it up with a phone callicon to ask why they had breached their own deadline… they blamed workload.

    7 days passed (today!) and this afternoon I got a call from a ‘customer services manager’ apologising profusely for the delay and informing me that STUART HIGLEY (lol) had written to me personally and it was in the first class post.

    The guy on the phone was very pleasant and we had a long chat (without prejudiceicon), he said that they had received ‘literally thousands’ of similar complaints and blamed the OFT’s statement for the rise adding that they had only commented on credit cards and not current accounts.

    He later added that they were waiting to hear the OFT’s next statement and expected that they would lay down new guidelines on future charges
    And veto claims on old charges.

    He also said that the letter headed my way was probably not what I wanted to hear but that it would “allow me to take it to the next stage”. I joked that we both new what each other's next 4 moves would be... he just laughed and reiterated that the letter was on it's way... An admission perhaps?!

    By the way... with interesticon they owe me £3263.21 (all from University) Money Claim ALL DONE! I still bank with them too.

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  2. #2
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    mechs Informative mechs Informative mechs Informative mechs's Avatar

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    Default Re: Heyhurst Vs Natwest... they're over-run!

    Hi and welcome, you seem well clued up as to what to do ...which is good ....keep us informed of your progress. One thing to remember though it is your claim and you dictate the time schedule not them, as a cautionary note I would open another account with a different bank just in case they decide they are going to close this one

    Mechs

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    don't be like the banks - give a little back
    There was a time before CAG but now CAG is here we are the empowered!
    In progress: Mechs and Mother (deceased) V Halifax - N1 form filed at Court 9 Aug 06
    Advice & opinions of mechs, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Seek advice of a qualified insured professional if you have any doubts.

  3. #3
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    Default Re: Heyhurst Vs Natwest... they're over-run!

    I've just read a few postings about the state of the envelope that NW bank statements arrive in. Mine too were re-packed by Royal Mail after arriving in a cheap (torn) and unsuitable brown envelope!

    Surely they're not so desperate that they have to tear the envelopes in the hope it'll come apart in the post and delay your claim?


  4. #4
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    Default Re: Heyhurst Vs Natwest... they're over-run!

    Your joking, I would like to get information from the bank on security of sent items in the post and if they are leaking in the mail would persue if this was a breech at their end if the envolope was unsuitable as it is OUR PERSONAL information in the post leaking! Keep us updated.
    Oli


  5. #5
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    Re: Heyhurst Vs Natwest... they're over-run!

    I have my 'personal letter' from Stuart Higley... It's basically a personalised paragraph apologising for the delay and then all the standard stuff about the charges being completely legit and that they won't refund. Plus 'they do not accept' the OFT's findings and make it clear that they were referring to credit cards, not current accounts...

    I wrote back to Mr Higley today:

    Dear Mr Higley...

    ...Thank you for you letter of 10 July. I appreciate that you have had to do some extra investigation into the particulars of my complaint, but your complaints procedure (and your letter of 16 June) clearly state in that instance you should have written to me by 30 June to explain the delay.

    In response to your comments regarding the OFT’s statement; As I understand, it isn’t relevant whether you accept their statement or not. It would be naïve to assume that by using credit cards as an example the OFT weren’t planning a blanket policy on punitive charges across all financial products and services.

    I think the future of their findings and recommendations is easy to predict and I imagine your standard letter template is simply an attempt to deter claimants from taking their cases further.

    I have made all reasonable attempts to settle my claim for the unfair charges to my account with you directly. It is with regret that, further to your refusal to refund them, I confirm my court claim has been submitted and served to your registered office...


  6. #6
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    Default Re: Heyhurst Vs Natwest... they're over-run!

    Sounds great ! - Keep us posted

    Embleton

    Parachute Deployed !!!
    Data Protection sent to Barclays - 04/07/06
    Reply from Pete Townsend - 06/07/06
    Statements received - 12/08/06 - Claiming £200
    Prliminary Letter sent 27/09/06
    Reply from Martin Bennett 03/10/06
    LBA sent 16/10/06
    Partial settlement offered 25/10/06
    MCOL Claim 04/11/06

    OH NatWest Credit Card - Paid in full

  7. #7
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    Default Re: Heyhurst Vs Natwest... they're over-run!

    I personally wouldn't send the letter , if you are still going to I would take this part out ' As I understand,' as it comes across as your not quite sure , when in fact you are .



    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.

  8. #8
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    Default Re: Heyhurst Vs Natwest... they're over-run!

    Thanks... I did wonder about that paragraph, I put 'As I understand' as a substitute for 'without prejudiceicon' just in case I was wrong. I've taken it out but I'm still sending a letter regarding their delay...


  9. #9
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    Default Re: Adamandi Vs Natwest... they're over-run!

    Natwesticon have acknowledged my moneyclaim ON THE DAY IT WAS SERVED! How annoying.


  10. #10
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    Exclamation Re: AdamandI Vs NatWest

    *Update*

    Cobbetts have filed a defence with 7 hours to go! Boooo

    I'm quite looking forward to going to court though.

    Does anyone know how long it takes to get a court date? and how far in the future they tend to be?

    ...Adamandi


  11. #11
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    Default Re: AdamandI Vs NatWest

    *Update*

    Recieved defence from Cobbetts and allocation questionnaireicon from the court...

    The Cobbetts document is about 8 pages long, with a CPR Part 18 request. Sounds similar to the response everone else has been getting. They said I haven't supplied details of the accounts and that made the claim invalid or something. Frequent use of 'without prejudiceicon' too.

    Do they think we're all stupid?

    ...Here we go!


  12. #12
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    Default Re: AdamandI Vs NatWest

    I spoke to Stuart Higley on the phone today... I don't know if that is normal.

    I called the Borehamwood call centre and asked for him... they just put me straight through.

    I have to say, he's a thoroughly nice guy!


  13. #13
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    Default Re: AdamandI Vs NatWest

    Most staff are but we all gotta job to do and maybe that means taking a hit or two in the process


  14. #14
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    Question Re: AdamandI Vs NatWest

    Natwesticon have refunded all of my charges 'outside the parameters' of my court claim. Basically a couple of charges from just after I issued the first letter, before MCOL. Letter signed by Stuart H.

    Funny huh?


  15. #15
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    Default Re: AdamandI Vs NatWest

    So you have won?

    CONGRATULATIONS!!

    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.

  16. #16
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    Default Re: AdamandI Vs NatWest

    NO!!!

    I haven't won.

    They have refunded the charges OUTSIDE the parameters of my MCOL claim... I'm still waiting on the county courticon (who have had both allocation questionnaires for nearly two weeks.)

    How weird is that? has anyone else had that?


  17. #17
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    Default Re: AdamandI Vs NatWest

    *Update*

    Cobbetts have offered £1700 as a goodwill gestureicon (approx. half).

    Just about to write back accepting it as part payment and confirming that I will pursue them through the court for the rest.


  18. #18
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    Default Re: AdamandI Vs NatWest

    I have won!! £3550ish

    I actually won a couple of months ago but have been holding out until Natwesticon confirmed the confidentiality clause wouldn't be pursued!

    Thanks, on to RBSicon now, their big brother...


  19. #19
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    Default Re: AdamandI Vs NatWest

    Cool.

    My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

    NatWest Prelim 07.10.206
    LBA 21.10.2006
    MCOL 30.10.2006
    Acknowledgment of Service 06.11.2006
    Offer of approx 50% £2200.00 22.11.2006
    Full settlement £4500 received 03.01.2007
    Smile settled in full
    Barclaycard settled in full
    RBS Worldwide settled in full
    Lloyds TSB settled in full £750.00
    Lloyds TSB settled in Full £275.00 11.04.2007
    Lloyds TSB business account £1376.00 AQ filed
    Lloyds TSB Business account settled in full 21.05.07

  20. #20
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    Default Re: AdamandI Vs NatWest

    CONGRATULATIONS

    Son v Halifax settled in full £292
    Another son v Halifax settled in full £30
    Bigmama59 v NatWest settled in full £4739.69
    Son v Halifax 2nd claim settled in full £130
    Bigmama v Halifax settled in full £1125


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