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

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Greg V Natwest again *SETTLED IN FULL*

    I have just finished adding up all the charges against my account using the spreadsheet in the library and printed off the prelim letter telling them they owe me £1014.83 and have addressed it to my local branch (hope this is correct) and will start counting the days from tomorrow 9 june 2006 until I sent the next letter I phoned the bank last Friday to ask for all my statements since inception of the account 2years ago and they arrived yesterday

    I am a little concerned however that I have done everything correctly any advice would be helpful

    Greg

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  2. #2
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    Default Re: Taking them on

    Stick to the step-by-step procedures in the FAQs and you can't go wrong

    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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  3. #3
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    Default Re: Taking them on

    might be a stupid question but where do i find the faqs




  4. #4
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    Default Re: Taking them on

    FAQs are at the same level as the General forum and the individual bank ones. Bright red letters - can't miss 'em.

    If you found this post useful please click on the scales above.

    Egg - £400 - Prelim sent. On hold.
    Mint - On the list Est £800
    GE Capital - On the list (3 accounts!) Est £4000

    MBNA - £545 Prelim sent 13/11/2006
    LBA sent 1/12/2006
    £350 partial payment received 18/12/2006.
    Full settlement received 20/1/07

    NatWest - Est £4000 not incl interest
    Data Protection Act Sent 10/1/07
    Statements received 24/1/07
    Prelim sent 3/2/07
    Full Settlement received 22/2/07

    The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

  5. #5
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    Default Greg v Natwest

    sent first letter to bank claiming £1014 on the 9th june recorded delivery to my branch and have had no response from them at all is this normal are they playing for time when I send off the next letter on Friday


  6. #6
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    Default Re: Greg v Natwest

    Yes, par for the course. Stick to your timescale and send the lbaicon.

    Good luck.


  7. #7
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    Default Re: Greg v Natwest

    The branch may not have signed for it even if sent by recorded delivery, although they would have reeived it, but there is a process for branch staff to deal with Unlawful Bank charges so a response, if they follow the processes, should have been made. The branch could have sent the letter onwards to a lending Unit or to be blunt do not know the correct process in place. The process is to liase with Customer Relations Unit who will advise on what response to make


  8. #8
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    Default Re: Greg v Natwest

    Received standard letter offering me 427.00
    is there a refusal template or do I just send them the lbaicon

    thanks
    Greg


  9. #9
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    Default Re: Greg v Natwest

    No refusal template as such. Send an amended lbaicon that you accept their offer as a partial settlement and will pursue them for the rest. Chances are they will withdraw the offer so after 14 days you file a claim for the full amount


  10. #10
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    Default Re: Greg v Natwest

    Thanks will do that today

    Greg


  11. #11
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    Default Re: Greg v Natwest

    Have amended the lbaicon as follows please advise if this is ok

    Thank you for your letter dated 21 June 2006 to which I decline your offer of £427.00

    from there I go on to the standard lba letter

    any advice would be appreciated

    regards
    Greg


  12. #12
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    Default Re: Greg v Natwest

    have posted letter lbaicon today

    Greg


  13. #13
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    Default Re: Greg v Natwest

    you must accept any offer they make you as you must mitigate your loss you do not and should not accept any conditions attatched to the offer ie: in Full and finalicon settlement.You should accept the offer but reject all conditions attatched and tell them you are accepting it in part payment and will pursue them for the rest .


    When you want to fool the world, tell the truth.

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  14. #14
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    Default Re: Greg v Natwest

    unfortunately i posted the letter with the amended i mentioned before i got my reply on this post have I created a problem?????


  15. #15
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    Default Re: Greg v Natwest

    It would have been better to accept as partial and pursue for the rest, rather than outright rejection. Shows you're being as reasonable as possible.

    But it's not that critical. So don't worry, you haven't blown it


  16. #16
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    Default Re: Greg v Natwest

    Received standard letter today saying they have passed my letter onto customer relations




  17. #17
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    Default Re: Greg v Natwest

    Start preparing for moneyclaim, so you're ready for 8th July


  18. #18
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    Default Re: Greg v Natwest

    received letter from customer remains today

    as follows

    Dear Mr Parker

    Your complaint regarding charges has been passed to me and I am sorry we have failed to reach an agreement with you. Please accept my apologies for any unintended inconvenience or upset.

    I regret that there is little I can add constructively to previous comments but having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have been associated with a lack of covering funds in the account at the time they were presented for payment. Accordingley, the charges that have been applied to your account should stand.

    That said in the hope of forging a compromise and settlement with you, (person from branch) proposed an offer of £427 as a gesture of goodwillicon and without admission of error or liability. this would be paid on the basis of a Full and finalicon settlement.

    I know you have declined this offer but it is not to be increased, if on reflection you decide to accept please contact (branch Manager who will arrange payment.

    It is dissapointing to note that you are contemplating legal action with the bank.
    Whilst I 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 hope to receive but nonetheless thank you for taking the time and trouble to contact us.

    signed





    ON TO MONEYCLAIM !!!!!


  19. #19
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    Default Re: Greg v Natwest

    Do I have to wait till the 8 July to file or can I file now as I have received the letter of refusal from customer remains?????


  20. #20
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    Default Re: Greg v Natwest

    After such a definite refusal, some people follow the guidelines and wait the full 14 days.

    Others have filed at moneyclaim immediately and it hasn't seemed to have harmed the outcome

    So really it's whatever you're comfortable with



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