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.
it's taken an eon to get to the writing to NatWest point with details of my charges because they very much could not have been less interested in my original letter (recorded delivery, sent 22/6, signed for 27/6), and it took a phone call to get them moving - tip, don't be polite and give them 40 days to come back to you, send yr letter recorded delivery and phone them pretty soon afterwards.
Actually the phone calls have been painless with very helpful ladies at the end of the line. After my first call I had a standard letter saying they'd be back to me in 14 days or some such so I phoned again to say that actually wasn't good enough as I had written over 40 days previously. Very helpful lady. I also asked for a phone call as well as a letter detailing charges.
The next day ( 11/8 ) I got a phone call saying they had all my statements to hand and would send them that day. I asked her to send to me at another address as I was house and dog sitting elsewhere for a week, and they duly plopped in the mat with a thud in a tatty brown envelope (what's that about :? - no money for proper stationery?!) yesterday ( 14/8 ).
So today's 4 hour task has been working it all out on the great spreadsheet downloaded from here - many thanks and reading through the step by step guide and the forums here to make sure I'm not cocking it up!!
I think I've got it right, and I have altered the letter just one bit to say 'if' they have put any marks against my credit they need to remove them etc etc as I want to get this off right now and sad to say I don't have the spare pennies to get credit reports at this moment in time, literally below breadline due to banks, being entreprenurial with big personal risk and cutting everything really very very fine indeed. Flying by seat of pants is one phrase that may be a bit polite for how I feel right now!
BUT rather than a long windy epistle on debt, I wanted to keep a bit of a diary here in case it helps (cos the other threads have helped me a lot, please do do lots of reading before you start the process, it makes you feel a lot more confident in what you're doing, and that many folk are doing the same).
ALSO - Natwest can't yank my overdraft facility once I've been refunded can they as it is utterly VITAL right now and although I am claiming ££2,243.57 this will not clear the overdraft and we really really need that overdraft over the next couple of months.
Has anyone had any experience or know of any legal precedent that would allow them to do that?
Good luck to all of you in your claims - it's time the little guys stood up and made a noise and stopped being so darn British about everything
My brother put me onto this and he, lucky chap, got £2k from HSBC as a first offer on £2347 in just 2 weeks with a letter and a phone call. I will look carefully at the next bank I choose!!
Thanks for the advice and inspiration so far, and the support to come when it all gets a bit scary hairy
PS - am off to read other bank threads to see which might be a good one to join. If anyone has any good advice on good (?!) banks, please do let me know. I have heard that some of the online banks are good. Suggestions appreciated as will be moving both personal and business as soon as good alternative is found Debs
hmmmmmmmm re the OD thing - perhaps time to see if another bank will take me in meantime so I can pay the cheque in somewhere else?! Now, where did I put that post office savings book?!
thanks for the luck, feel like I need it so it's really appreciated Debs
Natwest have written back very promptly (sent letter 15th Aug recorded delivery, my reply is dated 17th August) saying I am wrong but they're prepared to foofer £438 as a gesture of goodwill in Full and final settlement and all future charges must stand.
My claim is for £2,243.57.
Anyway, I am going to re-read a number of the other posts here later and make a decision. It is utterly derisory, however I am concerened that I won't actually be able to afford to take this the whole way - I don't have the money to do court charges etc to get them to the end of this process! BUT will take a good read and think hard about it before leaping into their poisonous offer!
ps - letter just received from Capital One (letter sent re £80 charges on husband's card) that says from now on their late payment / card misuse charges have been reduced to £12, which is I think the 'maximum' ruling? It's a 'step' I guess? x Debs
Hi Deb, have read through your thread and I will be phoning the Natwest today to chase up my statements instead of waiting the full 40 days, waiting is hard isn't it?
I would suggest you get another account soon and get your monies paid into it, at least that way you have more to live on. leave the other one whilst the case is sorted, you can always put some into it each month once this is all sorted to help pay off your overdraft, just an idea, I really get fed up of people not being able to afford to live cos of debt, myself included.
I can't wait to be debt free
Lindy xx
Capital One D.P.A. (S.A.R.) sent 22/07/2006. statements recieved,
M.B.N.A. D.P.A. (S.A.R.) sent 31/07/2006. PAR sent 06/09/06......14/09/2006 Goodwill payment of £150 thanks but I still want the rest.....LBA sent on 29/09/06....cheque received for the rest...I WON.....
NatWest D.P.A. sent 16/08/2006
The thing that irritates me is that quite a few years ago I ended up in real trouble mainly because of the bank (Lloyds) and a client that changed strategy (big pension fund) so my one person consultancy biz took a real hit and my Mother was diagnosed with cancer and I was the one looking after her - a 5 hour train journey / drive. Rather than restructure the loan or indeed even talk to me about the situ as I rebuilt my biz and looked after my Mother the bank threatened me, and pushed me to such an extent that I went bankrupt (voluntarily).
It's taken me the past few years to get past that, clear(ish) my record, and restart having taken 18 months out to nurse Mother, sadly she did not make it through. In that time I married a wonderful man who has also put all his finances and credit on the line to support first me and Mum and then my entrepreneurial streak.
Now as an entrepreneur with a biz on the cusp of funding and a lot of success built with fab colleague we're in a similar boat. We have ploughed everything we can into the biz which has cost us dear in loan / OD charges etc. And once again, the visionless banking world is trying as hard as it can to snuff out innovation, even moderate risk, and provide the best dis-service they can to anyone who is not completely risk free! Of course I can understand that the risk to their £4bn profit could be huge :?
We're actually moving business bank, but just for a giggle try calling Natwest as an entrepreneur either personally or business and seeing what they say?! hmmmmmmmmmmmmmmmmmmmmmm
Add to that the shower that is Business Link and all the other so called support for entrepreneurs in Britain and I get to wondering if it's pure masochism rather than drive and ambition that keeps me striving to build something good in this progressively tricky but much loved country of ours?! Am I bonkers?! The government spouts and waxes lyrical about supporting small business / British entrepreneurs / women / innovation ... PAH I say, show me one place it's been put into practice?!
I've been canvassing for bank stories of late. I've heard great things about First Direct and their customer service (mind you, Natwest have very nice folk at the end of the phone!) and quite a few folk have had nice things to say about Egg and HSBC. Barclays have been fairly universally slammed as 'not giving a *&%$' and Lloyds - well, I simply would never entertain even using one of their cashpoints since they pretty much pushed me into bankruptcy those years ago. Bank of Scotland / Halifax have a pretty good rep so far. I'd love to hear any thoughts you guys have. Personally though, I think it's back to the post office for me for the time being! Very uncomplicated.
I'm not a whingeing ninny, and I do think my debt / risk is my own issue and a choice I make, BUT it irritates me almost to explosion point that even when we try we get no leeway, as someone taking a risk without security you don't 'fit' into anyone's form or questionnnaire. If you 'trip' or 'make a mistake' like we all have, you just get walloped, not helped! Sure, some folk never learn, but hell, since when did trying become such a sin?!
Grrrrrrrrrrrrrrrr If there was a little less focus on pure profit (and I am in biz to make money, not some utopian dreamer!) and what we can score off each other and a little more focus on what we can all do together and make money at the same time (yes I do watch Star Trek!) we'd all move forward a lot bloody faster! Honestly, and we're supposed to be the most intelligent life on earth ...
I'm still mindful of any little tricks Natwest may play if there is any money in my account (ie not over my overdraft limit!) so I'm just letting some money that is going through my bank currently (a rare occurence) clear and will get it out (have decided on the Post Office for the time being), and will then procede as per all the advice given here. Many thanks guys - hope it's all going well for you all. x Debs
Hi - it's been an age and time has slipped on by. However I have taken up the reins again and have reopened the quest against Natwest. I have replied that I do not accept their offer and I ahve updated the claim to include the past 2 months of charges. Will then progress to the 2nd stage when they reply in the same vein again.
I've cleared everything out of natwest now, and am just keeping myself just under the overdraft limit. I got charged £76 :o one day last week as I had £57 bill and a £5 bill (Direct debits) going out and I had transferred the money overnight from another Natwest account to cover them but because it was not 'cleared' the day before I have been charged full whack and both D/D's refused! I called to ask them to reverse it but they have said no, and offered only half. I turned it down and have added all to the letter I sent in today!!
Well, I feel like I am really part of the gang now as I've had a letter from the Notorious Mr Higley!!
He stands by the original offer of £438 as Full and final settlement - my total claim is £2447.15!
He is very polite of course, and is saying they do not accept the OFT's statement of 5th APril this year 'in relation to the setting of credit card fees', and how concerened they are that the OFT has publicly called into question the setting of charges applied to other products, including current accounts, etc etc. He is disappointed that I am contemplating legal action against the bank and hopes I will reconsider however reminds me of the registered office address in case I do decide to proceed!
He the acknowledges that this is probably not the answer I wanted to receive but thanks me for taking the time and trouble to get in touch! bless ?!
Will now read through the advice on here for the next step, and procede.
Hi there - I send my follow on letter after hearing from Mr Highley, and have been resolutely ignored this time - nice!
I now need to take step 3 - court, however having re-read AQs again! (I am a bit nervous) I am concerened about the actual charges I am claiming for as I have included pretty much all charges, and whilst these are normal overdraft charges as well they are arguably because of the original over charges that I have ended up so far overdrawn and unable to get back to zero - but how arguable is that?!
Any thoughts would be much appreciated, and I am going to go over the charges again now before I take the next step - does it weaken my case if I change the amount? or does it not matter?
I think you can include all charges except Advantage Gold fees.
I did on my claim
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
If you feel as though you need to change your schedule in any way whatsoever now is the time to do so. You can amend your schedule right up to the point of submitting it through the courts.
I can see you're a little aprehensive about what you're claiming, but there really is no need, you are claiming back the charges because they are deemed unlawful.
The charges you can claim will be, as bigmama has stated, everything apart from the advantage gold fees, if you are usure about what you're claiming then post the details on here and someone can check it over for you.
Big Mama's right. You can include everything they have charged you for except contracted fees - Advantage Gold and, if they did such a thing, actual arrangement fees where you had personally and individually negotiated, say, a loan or an overdraft.
So, every charge, for referral, 'account management', refusal or anything - it all goes into the pot!
You may find join your statement an amount of £40, if you have Advantage Gold, or £28 if you have an ordinary account. That's an account management charge and it's levied if you go into unauthorised overdraft. The £28 is reclaimable. If you have a series of £40, each month, then it will include the £12/mo Advantage Gold fee. You can reclaim £28 of each one.
It doesn't sound like you made much in the way of mistakes, anyway, does it?
Westy
Westy
If you like my post, click the scales!!
Nov 1 2006 Preliminary letter 21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!
Read all about it: natwesttookmymoney - v- NatWest
I have had some small refunds on my natwest account since the claim went in... so in effect my MCOL POC figure is now wrong...
*My point of view is at the time I submitted MCOL I believed these figures to be truthful
*It is up to Natwest to dispute and/or defend these figures
*I only claimed 8% interest not contractual (which would of been more)
Let them argue the pennies and give us our pounds
Dont worry, be happy, and good luck (not that you need it)
Hi, Innocent
I think you should amend your claim to reflect the changes, depending on how far down the road you are.
Anyone else?
Westy
Westy
If you like my post, click the scales!!
Nov 1 2006 Preliminary letter 21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!
Read all about it: natwesttookmymoney - v- NatWest
Debs v Natwest ***WON***
to get them moving - tip, don't be polite and give them 40 days to come back to you, send yr letter recorded delivery and phone them pretty soon afterwards.
and reading through the step by step guide and the forums here to make sure I'm not cocking it up!!
Natwest can't yank my overdraft
as it is utterly VITAL right now and although I am claiming ££2,243.57 this will not clear the overdraft and we really really need that overdraft over the next couple of months.
Reply With Quote
Re: Debs v Natwest
Re: Debs v Natwest
