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
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Finally got to grips with the schedule of charges including the overdraft interest part of it (at last!!) Last bit of info to enter onto the schedule with ref. to overdraft limit and then preliminary letter is on its way. Watch out Natwest its a comin'!!!!
Still waiting on Natwest to provide me with details of what my overdraft limits were and when they were increased for both accounts, before I can complete the interest part of the preliminary letter. After speaking to the Manager who demanded to know why I require this information, of which I explained that I am looking into the possibility that I may have been incorrectly charged (I am not a good liar), Natwest appear to be dragging their heals slightly. I'm sure this is not a surprise to most of you out there, but it's becoming rather frustrating as I know the exact amount of the charges I want to claim back but just need this 'simple' bit of info' to get the ball rolling!!!
Also, I've recently taken the time to seek advice from the Citizens Advice Bureau due to the level of financial difficulty my partner and I are in with regards to our current overdraft levels (spread over three seperate accounts) held with Natwest. The CAB have suggested that we transfer all our incomings to other new accounts, and to cut a long story short, they will then aid us in freezing any interest and charges that Natwest are so blaa-zey about, offering them £1.00 a week to pay back the total overdraft amounts owed. They have also provided me with a template which quotes both the Office of Fair Trading and several Consumer Credit Acts to aid me in my quest to have the unfair charges/ penalties refunded.
I must admit this advice sounds good as my partner and I would be starting in theory with a clean slate, whereby any monies coming into the new accounts would be a credit and not a deficeit as with the overdraft situation. I am concerned that by doing this, and thus upsetting the apple cart more so with Natwest, that our quest for a refund of charges would be compromised. Any suggestions would be greatly appreciated.
The template the CAB have provided looks pretty damned good to me, should I use it or simple go with the masses and use the one provided on this forum so as not to complicate things? Should I post a copy on the forum for inspection?
But wot do you suggest I do in terms of my overdraft? Should I simply wait until I've dealt with the bank charge problem first and foremost, and if this fails then see about freezing our current accounts and letting the CAB sort out the debt?
Hooray!!!
The information I've requested from Natwest in order to complete the interest part of the preliminary letter arrived this morning.
Just about to enter remaining figs. into the schedule of charges, finalise the prem letter and it's off to Natwest it goes, at last! I'm feeling strangely excited...thought I'd be more nevous...let the war begin!!!
Hello Muggins, Good luck with sending off your letter I saw your more upto date thread as well. As for your over draft, well I was in a similiar situation and I opened a new bank account, which is what is suggested in the FAQ section. I left my overdraft still owing, but that is my personal choice. The first stages are always a little scary and exciting and you want to get it right. Don't worry just use the forum frequently and you'll be plenty more confident.
---------------------------------------------------------------------------- 14/09/06 - Preliminary Letter sent requesting repayment for £3018.25 21/09/06 - Letter of refusal from Stuart Higley. 28/09/06 - letter before action sent. 06/09/06 - 2nd Letter of refusal from Stuart Higley.
Both my partner and I live in our overdrafts and are currently struggling to make ends meet esp. with three children of four and under and a heafty rent amount to pay.
The CAB financial advisor has instructed us to transfer our incomings to new accounts in order to start afresh, as it were, where we are living in credit instead of the normal deficeit. They have offered to assist me in starting proceedings whereby we offer to pay them £1.00 a week, interest free, to clear the debt (3 accounts each overdraft £1000 o/s/b approx. £2500). This is on top of any action I am currently doing to recoup these unlawful bank charges (approx. total £3000).
I am aware that if my claim is successful the outstanding overdraft amounts is more than likely to be offset against any monies we may receive. I am worried that Natwest will use the fact that we owe them this amount against us, and that if our case reaches court it will not look good in the eyes of the judge.
Kindly respond,
Shells
Why should it? Two wrongs don't do a right, and the fact that you have an o/d or 5 doesn't make the charges any more lawful that if you had only occasionally strayed into the red. A judge (should it ever get there) will not judge on the morality, but on the lawfulness aspect. Hence someone who got into debt by blowing their cash on fast cars and loose men are as entitled in law to their charges back as a pensioner who just buried her husband.
Don't give it another thought.
The other point is that when you get your charges back, yes, they will in all likelihood repay them agaisnt your o/d. That's not such a bad thing, think of it as one less debt to drag you down for years coming. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
Hi Shazzam,
Thanks for the response
Just posted a new thread with reg. to the overdraft as I was concerned that no one was rsponding to my query...maybe I'm just impatient!!!
Do intend on leaving the overdraft as a debt but was concerned that this might interfer with my claim for recouping the charges.
8)Thank you Bookworm, finally a straight and clear cut response to my query!!!!
It has suddenly become clear, the force is now with me and I know wot it is I should do.
I look forward to dealing with you in the future.
Shells.
Just one thing: Can you not start a new thread every time you have a query or update? Your claim is going to get more convoluted as you go on and it makes it easier for you and us if it's all in one place. Think of it as the pages of a diary. ;-)
[3 threads merged]
Apologies to people who I was in the process of helping, I may be gone some time.
Well, just so you know, it works like this. When you post a new post, whether as a new thread or tagged at the end of your existing one, it will come up next time someone clicks on "new posts" at the top of the forum. So it makes no dfference in terms of being viewed. It only makes a difference in the amount of work it creates, and not in a good way
Clearly noted is good, I don't actually LIKE yelling at people (despite what some might tell you ).
Apologies to people who I was in the process of helping, I may be gone some time.
Re: muggins73 v natwest contact detail confirmation
Having completed my prelim letter I was having a mosey through the forum for contact details and there is a list as long as my arm!!! Natwest has given me a leaflet which suggest that any complaints be fwd to the Borehamwood address, but several of you have suggested that I send my complaint to their HO in London. Wouldn't it be wise to fwd any letters to the Customer Relations Manager in Borehamwood and cc. them to the HO in London?
Good evening Bookworm...I'm beginning to wonder whether you have a life outside this forum!!!
Ta very much. Logging out in a mo', will hope to catch up with you again soon.
Just received my first BOGOFF letter from the trusty Stuart Higley, in response to the preliminary letter fwd to the Borehamwood address at the beginning of theis week. Is it usual for them to respond so quickly?
Mr Higley has made a point of questioning the terminolgy used within the prem letter template, he writes:
'In your letter you have claimed that we have been acting as your fiduciary, yet i am unsure of the basis of your contention. This does not form part of the normal banker/ customer relationship'.
Is he trying to make a point or is he simply trying to be smart?
Do I now proceed with the lba?