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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    Default Progress of my claim **WON**

    Hi there, i've recently recieved all statements for my student account since opening it four years ago. What occurred to me today however was that it may be possible to also claim charges for my Natwesticon credit card which I have incurred this month. So I have two questions

    a) if I find out those charges, can I add it to the same claim?
    b) i've only had the card nine months or so, do you think I can ring up and ask them to tell me the charge dates?

    Thankyou

    PS - They took the £10 for adminicon!

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  2. #2
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    Default Re: Student Account + Credit Card

    I was in the same position as you. I would treat the credit card separately. Ask for back statements and work out how much you've been charged. Send off the first letter (see library) and quote the recent OFT report. The likelihood is that you will get these back straight away, credited back to your card. The bank is in the wrong, the OFT say that credit card charges have been wrong, there's not a lot the bank can argue.

    After that move onto your student account. Send out the letters as in the library. This will take ages as the bank will say we are right etc etc. Persist and got to small claims court if necessary. Once you get there, it is likely the bank will send you a cheque stating that they are still right but they can't be bothered to go to court.

    Hope this helps!


  3. #3
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    Default Different Address for Natwest Credit Card?

    I'm sending off a prelim letter today for my current account but I was also going to send one off to claim on my credit card.

    Are they different addresses? I'm only asking because they seem to be seperate depts, or maybe that's just because it takes 4 days to transfers from my current account online to my credit card to pay off! (What a [problem])

    Cheers


  4. #4
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    Default Re: Different Address for Natwest Credit Card?

    You can use the same address and if you know the charges on both a/c you can combine the two claims as long as it is below £5000 in total


  5. #5
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    Default Re: Different Address for Natwest Credit Card?

    Wow, that's fantastic as the claim is only (only!) £235. Thanks for the prompt reply, much appreciated!

    Ben


  6. #6
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    Default Progress of my claim

    Well, i'd totted it all up and it came to £235, which may not seem a lot to some considering the amounts i've seen on here, but as a skint graduate i'll take what I can get.

    I sent them a preliminary letter and they responded with "we think these charges are acceptable sorry you are unhappy...etc"

    So I then sent them a recorded letter stating that unless that they refunded then i'd take them to small claims court. That will be 14 days ago tomorrow.

    I'm guessing you'll recommend I follow it through, but i'm going away for 6 weeks from September and was wondering what the deal was with how long such action takes, or whether I could and it'd be advisable to carry it out after I get back.

    Cheers!

    B


  7. #7
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    Default Re: Progress of my claim

    Three threads merged - please stick to one thread!

    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.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  8. #8
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    Default Re: Progress of my claim

    Sorry!


  9. #9
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    Default Re: Progress of my claim

    Anyone? guess its even later now...


  10. #10
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    Default Re: Progress of my claim

    Hi, not sure which one of your threads I should be replying to!

    FWIW if you're off for six weeks I wouldn't MCOL until you were back. You'll be issued your Claim Form and then heading off. The county courticon will send you out a Notice of Issue saying your CF was sent on x date and the bank have to reply by y date. The bank may file a Defence etc. and with so much activity with your claim it is NOT a good idea to try and run it whilst out of the country.

    What I would be concerned about is that you're off wherever for six weeks and your CF gets issued, the Bank files a Defence, the Court sends you out AQs and you may POTENTIALLY miss your deadline to send your completed AQ back to the Court. You are then on risk of having your claim struck out - possibly would be a harsh decision if you then explained but is possible under CPR nonetheless. Also, speaking as a Litigator (no, please don't shout at me) every court case or threat of court case is nothing less than pyschological warfare. If the bank sees you issue your CF and then do nothing the thinking is that you are cowering in a corner and in too deep and will drop off the scale re: this claim - they are therefore far less likely to cough up. My suggestion, FWIW, is to head off for six weeks enjoying yourself and come home refreshed and raring to go. MCOL, watch deadline, act on every deadline and look forward to (a) your ££ hopefully before xmas and (b) striking a blow against the financial giant that is Natwesticon.

    S xx


  11. #11
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    Default Re: Progress of my claim

    Thanks very much for your advice Suzie, I had figured as much myself but its good to hear it from someone with a bit more experience!


  12. #12
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    Default Re: Progress of my claim

    Not that much of a 'skint graduate' if you're off on your jollies for 6 weeks!


  13. #13
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    Default Re: Progress of my claim

    Right i'm back now......from looking at the FAQ's moneyclaim.org.uk seems to be the next course of action (especially since I said i'd take them to small claims court)

    Any idea of the costs involved?

    Cheers

    BTW Danmoz, had a great time away thanks, courtesy of the bank of mum and dad.....preferable to Natwesticon any day, interesticon is a lot lower!


  14. #14
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    Default Re: Progress of my claim

    For claims from £0.01 to £300 the court fee is £30

    And then:

    £301- £500= £50
    £501- £1,000= £80
    £1,001- £5,000= £120
    £5,001- £15,000= £250
    £15,001- £50,000= £400
    £50,001- £99,999= £700

    If you get to the allocation questionnaireicon stage further down the road (unlikely considering the size of your claim) that would cost another £100.

    Of course all fees are paid back to you by the bank when you win.


  15. #15
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    Default Re: Progress of my claim

    Ok, success! I got a cheque today for over £300!

    However, the letter with the cheque states that my particular of claim has no "reasonable grounds or cause of action against the bank"

    and that "payment will be made with no admission of liability and subject to your agreement not to court publicity, or disclose or refer to any third party, the background to this matter, and also keep the terms of this settlement strictly private and confidential."

    Well I guess i've just broken that, but should I leave it or do I need to get them to remove the terms?

    Thanks


  16. #16
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    Default Re: Progress of my claim

    Does it ask you to sign anything to that effect. If not then bank the cheque - keep your head down until it clears then shout from the rooftops!

    Congratulations

    Advice given is either my experience or my opinion and is given without liability. If in doubt, consult a qualified professional.
    If you PM me for advice I will only reply in your own thread

    Never under estimate your ability. I won over £17,000!
    For the full story - look here
    http://www.consumeractiongroup.co.uk...r-NatWest.html

  17. #17
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    Default Re: Progress of my claim

    Thankyou very much, all of you, for your help and advice.


  18. #18
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    Default Re: Progress of my claim

    Hi there, sorry to be a pain, however i've got one last question.

    I now have to cancel my claim with the small claims court after Natwesticon paid up. Is this only possible by written letter?

    Regards,

    Ben


  19. #19
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    Default Re: Progress of my claim

    Quote Originally Posted by b.okhrana View Post
    Hi there, sorry to be a pain, however i've got one last question.
    Quote Originally Posted by b.okhrana View Post

    I now have to cancel my claim with the small claims court after Natwesticon paid up. Is this only possible by written letter?

    Regards,

    Ben


    Write a letter if you wish. That is all I sent to my local court (as below). But only once the money had cleared in my account.


    Chesterfield county courticon

    Dear Sir / Madam

    Claim Number: *********

    I am writing to confirm that the above Claim Number (*********) between myself and (Bank Name) on the (Date) has now been settled

    The (Bank Name) paid all monies owed to myself in full, and I can confirm that these have now cleared in my bank account.

    Therefore, I can confirm that the claim may now be closed.

    Yours

    Wallet



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